Can you dismiss an employee for swearing at another colleague?
In an employment tribunal case, an employee who was dismissed for gross misconduct after swearing and calling a colleague an inappropriate name during a discussion about her weight loss efforts has won his claim for unfair dismissal.
Background
The incident occurred at Booker Limited, where the claimant, Robert Ogden, worked as a delivery driver and trainer.
During a conversation about doughnuts, weight loss, and attending a weight loss club, Ogden used the offensive term towards a female colleague.
The colleague raised a formal grievance, leading to an investigation by Booker Limited. The company concluded that Mr. Ogden’s language constituted gross misconduct and terminated his employment in October 2023.
Tribunal’s Ruling
The Employment Tribunal ruled in favour of Ogden, citing several key factors:
- The tribunal found that the workplace had a “toxic culture” where swearing and inappropriate language were common. This environment undermined the fairness of the disciplinary action taken against Mr. Ogden.
- The tribunal noted procedural flaws in how Booker Limited handled the disciplinary process. There was insufficient evidence to support the severity of the punishment given the context of the workplace culture.
- The Judge acknowledged that swearing might be more acceptable in certain regions, such as northern England, where the incident took place.
- Testimonies from other employees suggested that Ogden was remorseful and had apologised for his language, contradicting claims that he was unapologetic.
Implications for Employers
This case highlights the importance of maintaining a respectful workplace culture and ensuring fair disciplinary procedures. Employers must:
- Conduct comprehensive investigations to gather all relevant facts;
- Consistently enforce workplace policies to avoid perceptions of bias or unfair treatment;
- Be aware of regional and cultural differences that might influence workplace behaviour but note that this does not excuse unprofessional behaviour and employees should still uphold professional standards.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
