Swearing at Boss Isn't Always a Sackable Offense, Says Judge

A recent Employment Tribunal decision has underscored the importance of context and procedural fairness in disciplinary matters, particularly where inappropriate language is involved. In the case of Kerrie Herbert v Main Group Services Ltd, the Tribunal found that her dismissal for referring to her bosses as “d***heads” during a heated meeting was unfair, both procedurally and substantively. Ms Herbert had worked for the Northampton-based construction firm since 2018 and became visibly distressed after discovering internal documents suggesting her role might be under review. During a meeting with directors Thomas and Anna Swannell, she made the remark in question. Mr Swannell responded by dismissing her immediately, using expletives himself and instructing her to leave the premises without further discussion.

The Tribunal accepted that Ms Herbert’s comment was inappropriate and regrettable, but crucially, it did not amount to gross misconduct. The company’s own disciplinary policy required a warning for insulting language, reserving dismissal for behaviour that was threatening or intimidating. The Tribunal also noted that no disciplinary procedure had been followed. Ms Herbert was dismissed on the spot without investigation, hearing, or notice. Employment Judge Sonia Boyes concluded that the employer had failed to act reasonably in all the circumstances and that the dismissal was disproportionate sanction. As a result, Ms Herbert was awarded nearly £30,000 in compensation and legal costs.

This case serves as a timely reminder that not all instances of misconduct justify dismissal, and that employers must act with care and consistency when handling disciplinary issues. A single lapse in judgement, particularly when made under emotional strain, may not be sufficient grounds for termination.

Employers should ensure that their disciplinary policies are clearly worded, consistently applied, and that any allegations of misconduct are properly investigated. Even where offensive language is used, a fair and lawful process must be followed. The Tribunal’s decision does not condone inappropriate behaviour, but it does reinforce the principle that dismissal should be a proportionate response, not a reflexive one. Employers who act hastily or emotionally risk significant financial and reputational consequences.

If you are an employer seeking guidance on managing employee conduct or reviewing your disciplinary procedures, or an employee wanting to understand your rights in the workplace, our Employment Law team at Pickerings Solicitors is here to help. You can contact us on 01827 317070, email us at employment@pickerings-solicitors.com, or visit our Employment Law page for more information.