A ‘childish’ team leader at a charity who was sacked for spraying air freshener on a junior colleague has won her case for unfair dismissal.
Michelle Henry was incensed and took revenge when Paulina Sofka accidentally got some of the aerosol on her and sprayed her back, an employment tribunal heard.
The domestic team leader – who admitted she was known as a ‘swearie beastie’ – told her that what she had done was ‘not nice’ before remarking to her and other colleagues: ‘None of you smell like roses.’
A fellow manager complained about her ‘bullying and aggressive’ behaviour which included using foul language at colleagues, the hearing was told.
Ms Henry was investigated and sacked for gross misconduct from children’s charity, Kibble Education and Care Centre, leading her to sue for unfair dismissal.
But while the tribunal found the disciplinary process had been unfair, it declined to award her compensation as it concluded her sacking had been her own fault.
The hearing in Glasgow was told Ms Henry had worked for Kibble – which provides support to children and young people including daycare and residential schooling – from June 2017 until her dismissal in November 2023.
‘At the point of termination of employment she was a Domestic Team Leader,’ the tribunal heard. ‘Her duties and responsibilities included planning and organising the domestic team, managing stock, and carrying out some cleaning duties.’
The hearing was told Ms Henry was one of two team leaders, the other being a woman called Isabel McCheyne.
‘On 14 August 2023 an incident occurred involving [Ms Henry], Isabel and a Domestic, Paulina Sofka,’ the tribunal heard. ‘The incident occurred in the laundry room in the presence of three other Domestics.
‘[Ms Henry] was sitting down, Paulina got up and went into the kitchen. [Ms Henry] heard a scooshing sound and then felt something coming down over her and thought “What the hell is that, air freshener?”
‘She looked at Isabel and said ‘That’s just f****** gone over me’. [Her] hair and uniform were wet and she was angry and annoyed. [She] turned round in her chair and sprayed Paulina back with air freshener.
‘In response to which Paulina said ‘no it wasn’t meant for you it was meant for another member of staff’.
‘[Ms Henry] said that was ‘not nice’ and said to the others present “you lot don’t always smell very good yourselves”.
‘As she was leaving the laundry, [she] saw Isabel sniggering and rolling her eyes and said to her “I f****** saw you sniggering”, or words to that effect.
‘[She] was angry as she considered this was not the type of behaviour suitable for a team leader.’
Three days later Ms McCheyne made an official complaint, saying that she and other members of the domestic team had been bullied by Ms Henry.
As well as the air freshener incident, the tribunal heard she cited an incident in which Ms Henry had said to her: ‘Aw for f***’s sake Isabel put a f****** smile on your face’.
During the investigation, another domestic, said Ms Henry had ‘erupted’ after being sprayed.
‘[She] then took the bottle and sprayed Paulina,’ the worker said. ‘We were all in shock and it was ridiculous. Isabel gave a smile and Michelle said ‘aye you’re f****** smirking at me, I’ll be taking this to HR’ and ‘Aye, none of you three smell like roses.’
Ms Henry admitted spraying the air freshener on Ms Sofka.
‘She said she knew it was childish but that she was annoyed; her hair and uniform were wet,’ the tribunal heard. ‘[She] said that Paulina apologised and became tearful; [Ms Henry] told her they would draw a line under it and that tomorrow was another day.
‘[She] accepted that she had said to Isabel ‘Aw, for f*** sake put a smile on your face’ and that there were other instances where she had sworn at Isabel.
‘She explained that Isabel knows that she swears and that there is a culture of swearing at Kibble. She said that Isabel calls her a ‘sweary beastie’.’
On 30 August Ms Henry was suspended for allegations of ‘aggressive and unprofessional bullying’ and she was later fired for gross misconduct.
Explaining the decision, she was told by the executive who conducted the disciplinary hearing: ‘By your admittance you purposely sprayed a colleague who was in a junior position to you with air freshener in retaliation for what you believe was a purposeful spray from them.
‘I also consider your use of foul language towards colleagues with zero understanding of the potential effect on them, as unprofessional, inappropriate and also conclude that it could reasonably be perceived as aggressive and intimidating behaviour especially given the seniority of your position within the team.’
Ms Henry successfully sued for unfair dismissal with the tribunal ruling that the disciplinary process had been flawed. However, she will receive no damages.
Employment Judge Laura Doherty said: ‘The Tribunal concluded that [her] conduct was culpable and blameworthy.
‘Taking into her account her seniority to Paulina, and the aggressive nature of the conduct, the Tribunal was satisfied that it was just and equitable to reduce the basic award to zero.’
A claim for disability discrimination relating to a hearing condition was dismissed.