In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed.

Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it.

In this episode we cover:

• The facts of the case – what actually happened and how the dispute reached tribunal.
• How the tribunal assessed whether the dismissal was fair in all the circumstances.
• The importance of proportionate disciplinary action and consistent treatment.
• Why context matters – including the employee's record, workplace culture, and employer policies.
• Practical steps for managers handling misconduct or inappropriate language at work.
• What this case teaches us about the balance between respect, communication, and fairness in disciplinary processes.
• Why it is important to consider getting a third party to deal with disciplinary issues or dispute when the employee is a family member or close friend.

Key takeaway:

Even when language is offensive or unprofessional, dismissal is not automatically fair. Employers must consider all the circumstances and ensure their decision is reasonable, consistent, and procedurally sound.

Working with family can present different challenges but employment law still applies!

You can read the full judgement here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/media/64ae81ed8bc29f00132ccb82/Ms_K_Herbert_v_Main_Group_Services_Ltd_3310773.2022_FMH_Reserved_Judgment.pdf

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