Afraid of being sacked for calling your boss a 'd**khead'? UK tribunal says not

Calling boss a "d**khead" during a heated workplace row is not a sackable offence, an employment tribunal in UK ruled today (4 September), awarding an employee nearly £30,000 in compensation and legal fees.

The ruling came after Kerrie Herbert, a £40,000-a-year office manager, who was sacked on spot when – during a row – she called her line manager and another director d**kheads, reports The Guardian. 

Herbert had been working at the Northampton firm Main Group Services since October 2018 under managing director Thomas Swannell and his wife, Anna.

In May 2022, tensions flared after Herbert discovered documents in Swannell's desk relating to the costs of her employment. Fearing she was about to lose her job, she confronted him and broke down in tears when he raised concerns about her performance.

During the exchange, Herbert admitted saying, "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**kheads that I stayed."

Her remark prompted an angry response from Swannell, who told her, "Don't call me a f**king d**khead or my wife. That's it, you're sacked. Pack your kit and f**k off."

When Herbert sought clarification, he confirmed, "Yes I have, now f**k off."

Herbert subsequently filed a claim for unfair dismissal, arguing that her employer had failed to follow proper disciplinary procedures.

Employment Judge Sonia Boyes, sitting in Cambridge, agreed. 

She ruled that while Herbert's outburst was "not acceptable," it was a one-off remark made in a heated meeting and did not amount to gross misconduct.

"She made a one-off comment to her line manager about him and a director of the business," Boyes said. 

"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."

Herbert's contract did state that "the provocative use of insulting or abusive language" could justify dismissal – but only after a formal warning. Only more serious behaviour, such as "threatening and intimidating language," would constitute gross misconduct and allow instant termination.

The tribunal ruled that Herbert had been unfairly dismissed, awarding her £15,042.81 in compensation. In a further judgment, the company was ordered to pay an additional £14,087 towards her legal costs.