Esther Marshall
Employment Advice
Can you tell your boss what you really think about them?
Most employees will have, at some point, called their boss a less-than-polite name behind their back. What happens if you say it to their face? A recent Employment Tribunal case has shed some light on how this would be approached.
Kerrie Herbert had been employed by scaffolding and building firm Main Group Services since 2018. The Tribunal heard that in May 2022 Ms Herbert had found a document about the cost of her role, leading her to believe that she was going to be made redundant. When she raised this with her boss, Thomas Swannell, he raised issues about her performance, leading to Ms Herbert becoming upset. She told Mr Swannell “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’.
Mr Swannell is said to have responded ‘Don’t call me a f****** dickhead or my wife. That’s it, you’re sacked. Pack your kit and f*** off.’ When Ms Herbert questioned whether he was really firing her, he confirmed that he was.
The Tribunal noted that Ms Herbert’s contract of employment did allow for termination in the event of “the provocative use of insulting or abusive language”, however the firm’s policies required that a warning be given before dismissal. The firm had therefore failed to follow a proper procedure.
Further, although Ms Herbert’s comment was found to be “inappropriate”, the Tribunal found that her dismissal was not reasonable, especially as the comment had been made in the heat of the moment. The firm was ordered to pay Ms Herbert £15,042.81 in compensation.
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Esther Marshall. a specialist Solicitor in employment law, said:
“An employer would be forgiven for thinking that an employee calling their boss a dickhead would be sufficient grounds for dismissal. This case highlights the importance of following a proper procedure before dismissing an employee. It also demonstrates that legal advice should be taken from a specialist solicitor prior to dismissal, as there are many considerations to take into account. The context in which the comment was made can make a difference when considering the appropriate sanction.”