A worker at an explosives factory has been awarded almost £25,000 after
being unfairly sacked over raunchy emails with a supplier who nicknamed
her "sexy knickers".
Aileen Paterson, who worked in procurement for Chemring Energetics, was
dismissed in January after 35 years' service with the firm who are based
in Ayrshire, Scotland.
It came after bosses discovered inappropriate messages between her and
the managing director of supplier MTEC.
On one occasion when the supplier referred to her nickname, she replied:
"Aye and I have them on!! Lol xx."
He wrote back: "Not if I was there, hon!! xxx."
Ms Paterson, of Ardrossan, then added: "You are awful but I like you!!!
xxx."
There were also other emails where Ms Paterson made a sexual reference
to "edible sheathing" and she often referred to him as Honey or Hon and
signed off with kisses.
Bosses quizzed her about her relationship with the MTEC director but the
married worker insisted the emails were just "banter".
Ms Paterson was sacked by the firm when the emails were uncovered but
eventually took her case to an employment tribunal claiming unfair
dismissal and breach of contract.
Employment judge Lucy Wiseman awarded her a total of £24,526, saying: "I
concluded that no other reasonable employer having regard to the extent
of the misconduct in this case, and having satisfied itself there was
no issue of preferential treatment, and no issue of a loss of trust and
confidence in the employee, would have dismissed the claimant."
The tribunal heard that bosses were carrying out another investigation,
unrelated to Ms Paterson, when they discovered the emails and suspended
her.
She was invited to a disciplinary meeting with the firm's planning
manager Alison Ranachan on November 30 last year.
The purchasing worker was shown the emails between her and the director,
named only as Mr Arnott, and asked "whether she was a personal
relationship with him and whether she considered the language used to be
professional?".
A written judgment on the case states: "The claimant told Ms Ranachan
that she had known Mr Arnott for many years and regarded him as a dear
friend.
She was not in a personal relationship with Mr Arnott. The claimant explained the content of the emails as banter and that she had a bubbly personality."
Ms Paterson was also accused of encouraging Mr Arnott to put his account
on hold with the firm due to delayed payments and making derogatory
remarks about a colleague to him.
She also admitted receiving a bottle of wine from him at Christmas and a
bottle of champagne when she and her husband first got engaged.
Following a disciplinary investigation, bosses wrote to Ms Paterson in
January and dismissed her for gross misconduct. They found that the
"email exchanges were unprofessional, contained sexual undertones and
breached the respondent's code of business principles".
Judge Wiseman accepted this, but rejected the claims that she encouraged
MTEC to freeze their account with the firm and that she had made
inappropriate remarks about a colleague.
Ms Paterson, who is now working as a cleaner, ultimately won her case
but had her payout reduced by 25 per cent as her conduct contributed to
her treatment by Chemring.
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