In a recent case that raises important questions about the intersection of work and personal life in the digital age, the London Central Tribunal has ruled in favour of Razan Alsnih - an online news editor - who was unfairly dismissed by her employer, Al Quds Al-Arabi Publishing & Advertising (AQAA).
The Tribunal found that Alsnih's dismissal was unjust both procedurally and substantively. The case revolved around Alsnih's refusal to download the Viber app - a communication platform - on her personal mobile phone for work-related purposes.
Alsnih began her employment with AQAA in February 2014 as a Social Media Assistant and was later promoted to an Online News Editor position. In 2017, AQAA adopted the Viber platform as a means of communication for its web team, which Alsnih was required to use to stay connected with her colleagues and supervisors. However, Alsnih's refusal to install the app on her personal phone led to a series of events that culminated in her dismissal in February 2020.
The Tribunal noted that AQAA failed to conduct a proper investigation into the matter before making the decision to dismiss Alsnih. Moreover, no formal disciplinary hearing was held, depriving Alsnih of the opportunity to defend herself or understand the implications of her actions. The Tribunal highlighted that procedural shortcomings were evident throughout the process, rendering the dismissal procedurally unfair.
In addition to procedural failings, the Tribunal questioned the substantive grounds of the dismissal. It stated that no reasonable employer would dismiss an employee for refusing to use a work-related app on their personal mobile phone and no reasonable employer would refuse to provide alternatives such as a separate phone or phone line. While AQAA had valid reasons for requiring its staff - including Alsnih - to use Viber, it was unreasonable to expect her to use her personal phone, which blurred the boundaries between her professional and personal life.
The Tribunal's ruling underscores the importance of maintaining a clear distinction between work and personal life, especially in the era of ubiquitous digital communication. Employers have a responsibility to respect their employees' boundaries and ensure that work-related tools do not infringe upon their private lives. While the convenience of instant communication has its merits, it should not come at the cost of an employee's well-being and personal space.
This ruling should serve as a reminder to employers about the importance of conducting thorough investigations, following proper procedures and respecting employees' boundaries in the digital realm. Failure to do so can lead to legal consequences and undermine both the well-being of employees and the reputation of the organisation.
