Daily Mail

Bosses sacked over sexist ‘banter’ lose £300k claim

- By Josh White

TWO company executives who were sacked after swapping ‘ obscene and pornograph­ic’ messages on their work mobile phones have lost their claim for £300,000 in compensati­on.

Paul Wells, 39, and Roberto Solari, 36, were dismissed by their shipping company’s new owners two years after the Surrey-based firm was bought out.

Bosses said they were justified in sacking them for gross misconduct, including the wrongful disclosure of company informatio­n, the High Court in London was told.

Messages shared between a ‘blokey’ group of colleagues on WhatsApp were later discovered when another employee handed in an old work phone. The content put Mr Wells and Mr Solari in breach of contract, the firm said.

Each had posted adult images on the group, including an image of a toy Buzz Lightyear ‘holding’ a penis. Other messages included speculatio­n about the ‘private parts’ of two female colleagues.

Mr Solari had also breached their dismissal were trumped up to deprive them of their 5 per cent shareholdi­ngs, worth an estimated £150,000 each.

The court heard Mr Wells and Mr Solari had been senior executives at PNC Global Logistics, which was bought out by Cathay Investment­s 2 Ltd, a multinatio­nal investment­s company, in January 2017.

Mr Wells and Mr Solari signed shareholde­r agreements and worked under the new owners for two more years. Then, in January this year, they told management were cashing in their shares, which they say are worth over £300,000 at ‘fair value’. In March, however, they were dismissed after a disciplina­ry hearing – meaning that under the terms of the agreement their shares became almost worthless. Bosses then discovered the WhatsApp group.

Lawyers for the pair claimed the posts stopped with the takeover, and the ‘sole reason for their dismissal’ was to avoid paying them the full price for their shares.

However, Judge Jonathan Simpkiss ruled that the sackings were justified. He stated that the contents of the WhatsApp messages amounted to gross misconduct, adding: ‘Various messages and photograph­s were [shared] of a highly sexist, offensive, obscene and pornograph­ic nature. Much of the material was sent during working hours using mobile phones.

‘In a modern office environmen­t this is not “banter” but wholly unacceptab­le.’

He admitted it had not been proven that the offensive messages continued after the takeover. However, he found that both men were neverthele­ss guilty of gross misconduct for revealing secret financial informatio­n about the company after the takeover to Mr Solari’s father, Paul, the firm’s former chairman.

 ??  ?? Paul Wells and Roberto Solari workplace rules by viewing pornograph­y on his work laptop.
The two men sued their former employers, denying any misconduct. They said the reasons for
Paul Wells and Roberto Solari workplace rules by viewing pornograph­y on his work laptop. The two men sued their former employers, denying any misconduct. They said the reasons for
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