Can you swear at your boss?

You might think that swearing at your boss is a sackable offence however a recent employment tribunal has ruled it isn’t always so. Whilst we certainly wouldn’t encourage anyone tempted to swear at their boss to do so, this recent case serves as a reminder to employers to have specific policies in place and to follow disciplinary procedures.

In this particular case an office manager at a scaffolding and brickwork company – H was sacked on the spot during a row after she called her manager and another director ‘dickheads’.

The employment tribunal ruled H had been unfairly dismissed and awarded her almost £30,000 in compensation and legal costs. The judge said that the company had not acted reasonably in all the circumstances in treating her conduct as a sufficient reason to sack her. The one-off comment had been made during a heated meeting.

H had found documents in her boss’s desk about the costs of employing her and she became upset as she believed they were going to let her go. Her employer then raised issues about her performance.

H told the tribunal she said in the meeting “If it was anyone else in this position they would have walked years ago due to the goings-on in the office, but it is only because of you two dickheads that I stayed”.

She was told to pack her things and go immediately and later sued the firm for unfair dismissal.

Under the terms of her employment contract, H could be sacked for using “the provocative use of insulting or abusive language”. The company however was found to have failed to follow proper disciplinary procedures.

Whilst many things might be said in the heat of the moment, this case serves as an important reminder that managers must take a step back from what might be said or done in the heat of the moment and take advice on the best way to deal with the situation which ensures they follow their own disciplinary procedure.

The company was ordered to pay H £15,042.81 in compensation and £14,087 towards her legal costs.

A salutary reminder that costs can often equal if not exceed any award. If you need support with a disciplinary issue, get in touch with our team.