Calling your boss a d***head is not a sackable offence, says tribunal

A woman who insulted her boss during an argument was said to have been unfairly sacked.

The ruling came after office manager Kerrie Herbert was sacked on the spot after an argument with her boss, during which she called her manager and another director d***heads.

Herbert was awarded nearly £30,000 in compensation and legal costs after a tribunal found she had been unfairly dismissed.

Employment judge Sonia Boyes ruled that the scaffolding and brickwork company had not 'acted reasonably in all the circumstances in treating [her] conduct as a sufficient reason to dismiss her.'

Judge Boyes stated: “She made a one-off comment to her line manager about him and a director of the business.

“The comment was made during a heated meeting.

“Whilst her comment was not acceptable, there is no suggestion that she had made such comments previously. Further … this one-off comment did not amount to gross misconduct or misconduct so serious to justify summary dismissal.”

The Cambridge hearing was told that Herbert began her £40,000 per annum role at the Northampton firm Main Group Services, run by Thomas Swannell and his wife, Anna, in October 2018.

It was heard that in May of 2022, the office manager found documents on her boss's desk about the costs of her employment and became upset with the belief she was going to be let gIt was further told that as Swannell raised issues about her performance, Herbert began to cry.

She told the tribunal that she said at the time: “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 d***h*** that I stayed.”

To which Swannell allegedly replied: “Don’t call me a f***ing d***h*** or my wife. That’s it, you’re sacked. Pack your kit and f*** off.”

When she asked if he was really firing her, Herbert said she was told by him: “Yes I have, now f*** off.”

The woman then sued for unfair dismissal, despite the terms of her contract stating that she could be fired for 'the provocative use of insulting or abusive language'; however, this did require a prior warning.

More serious breaches, such as 'threatening and intimidating language' would result in gross misconduct and warrant summary dismissal.

Judge Boyes found that Herbert was summarily fired because of her use of the word 'd***heads' and therefore ruled that the company had failed to follow proper disciplinary procedures.

The hearing concluded that calling her bosses d***diheads was not sufficient grounds for her dismissal and ordered the firm to pay her £15,042.81 in compensation, as well as £14,087 towards her legal fees.