Kerrie Herbert, the former office manager at Main Group Services, was awarded almost £30,000 in damages and legal fees. The decision of the tribunal that her dismissal for calling her boss a “dickhead” was unfair. One employment tribunal found that the company had not gone through the correct disciplinary process. As a result, they decided to fire her.
Herbert took a position with Main Group Services—a scaffolding and brickwork company—in October 2018. She began on the high-flying annual salary of £40,000. The tribunal did hear about the incident she was dismissed for. It was based on a joke she told to her then personal manager, Thomas Swannell, and the then-business director, Anna Swannell. Herbert later found papers in Thomas Swannell’s desk describing the terms of her entry. This shocking discovery led to a contentious dispute because it left her in constant dread of potentially being terminated.
In a moment of frustration, Herbert told Thomas Swannell, “Don’t call me a fucking dickhead or my wife.” Her comment elicited a sharp response from him: “Yes I have, now fuck off,” which prompted her inquiry about the possibility of being fired. But shortly after this exchange, Herbert was fired outright over the company’s determination that she used “profane and inappropriate language.”
The full tribunal with employment judge Sonia Boyes at the helm found in their favour. They found that Herbert’s remark was not gross misconduct or other sufficiently serious misconduct warranting termination on the spot. Judge Boyes stressed that Hercat’s language was unacceptable, but there was no proof of his prior similar behavior.
“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,” – Sonia Boyes
In consulting these businesses, the judge found Main Group Services venture More than to comply with required disciplinary processes in all such situations. Herbert was awarded £15,042.81 for her unfair dismissal. On top of that, she was awarded £14,087 for her legal costs.
Kerrie Herbert expressed her frustration during the tribunal, stating, “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 dickheads that I stayed.”
Beyond that, the ruling has thrown into uncertainty a wide range of workplace conduct and discipline and emphasized the need for consistency in disciplinary processes. Failure to take these reactive measures in the workplace can lead to harsh legal penalties for employers. This is especially true when they do not play by the rules.