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Calling Boss a 'Dickhead' Didn’t Justify Summary Dismissal, UK Tribunal Rules

The judge found the employer skipped required disciplinary steps, making the on-the-spot firing unfair.

Overview

  • Employment judge Sonia Boyes ruled office manager Kerrie Herbert was unfairly dismissed by Main Group Services after a heated May 2022 meeting.
  • The tribunal awarded about £29,130 overall, comprising £15,042.81 in compensation plus roughly £14,087 toward legal costs.
  • Herbert’s contract required a prior warning for insulting language, with only threatening or intimidating language classed as gross misconduct.
  • The company claimed performance issues were the reason, but the judge found the immediate cause was the one-off insult and the firm failed to give notice or pay in lieu.
  • Context cited by the judge included Herbert discovering documents about her employment costs shortly before the exchange.