Is swearing really more common ‘in the North’? An employment tribunal appears to think so.
A recent decision held that an individual was unfairly dismissed for swearing at a colleague, with the judge noting that the use of the f-word was “particularly common in the North”. Here’s what you need to know.
Background
The individual swore at a female colleague during a workplace discussion about weight-loss and doughnuts leading her to raise a grievance for bullying. The individual was suspended and then dismissed.
The tribunal found that the individual had been unfairly singled out and made an example of, having not been disciplined for similar language or behaviour previously. The tribunal also identified it as a workplace where such language and behaviour were common, rarely dealt with by managers, and, whilst inappropriate, deemed a “common everyday experience.” The individual’s claim for unfair dismissal was upheld, with compensation to be determined in a further hearing.
Practical takeaway
Clear policies — up-to-date policies that are regularly communicated are key to setting the foundations of workplace culture and behaviour standards. Think anti-bullying and harassment, equal opportunities, etc. We’ve got it all on Intelligent Employment.
Setting the tone — great policies are just the start, managers and leadership need to put them into practice, set the tone, and take action (consistently) where standards are not met. Inconsistent enforcement of standards can lead to confusion, unfair treatment, and potential litigation. Our manager training guides are a great place to start – click here to get in touch and learn more.
Consistent process — ensure your managers have the tools, skills and training required to carry out robust, compliant and consistent investigations and disciplinary processes. We can help – get in touch.
Better banter — “banter” is often an excuse for inappropriate behaviour, easily escalating (as in this case) to create toxic and non-inclusive working environments (not to mention the potential legal, financial and reputational consquences!). Training teams on what’s expected, where the line is drawn, when the law gets involved, and potential liability is a great way to reset the tone. We’ve got training solutions to help – get in touch.
Get in touch if you need our advice or guidance on anything we’ve covered in this update.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
