A council employee struggling with grief and depression was unfairly reprimanded over a photo of a colleague with an adult toy, a tribunal has found. The Leicester City Council worker should not have been formally disciplined for a photo of a co-worker with a sex toy stuck to his head, the tribunal has ruled.
Employment Judge Richard Adkinson said the worker in the photo – who was wearing council-branded clothing and lanyard and was pictured on council property – was dealt with informally by the council, in contrast to John Gibbin, who had received the photo by email.
The photo was discovered on Mr Gibbin’s computer along with other items. These were used in a disciplinary action against him, after managers in the council ’s housing department launched a ‘disproportionate’ investigation into the contents of his work PC, Leicestershire Live has reports.