I called my boss a rude name and got fired
If you don’t respect your boss, and you get angry and insult them at work, it’s possible that you might lose your job.
However, if your employer doesn’t have the right to fire you for using bad language, or they don’t follow the proper process, you may be able to claim for unfair dismissal.
That’s what happened to Kerrie Herbert who was an office manager at Main Group Services, a scaffolding and brickwork company in Northampton.
During a heated meeting, she called her manager and another director “d*ckheads”. As a result, she was dismissed on the spot.
Kerrie took the company to the employment tribunal for unfair dismissal, won her case, and was awarded almost £30,000.
As with all legal matters, the details are what make the difference to whether you might win or lose. Here’s Kerrie’s story…
What happened
Kerrie started work at the firm in October 2018, on a salary of £40,000. The business was run by Thomas and Anna Swannell, who were Kerrie’s brother-in-law and sister-in-law.
In May 2022, she was looking in her boss’s desk in order to complete an admin task, and found documents detailing the cost of her employment. As a result, she became afraid she was going to be let go.
At a meeting with Thomas, he told her they weren’t happy with how she managed the office, that some suppliers were not being paid on time, and that there were some issues with bookings. A subcontractor had apparently complained about Kerrie’s behaviour, citing a lack of care and attention to detail, and a refusal to carry out daily tasks.
The company said she lost her temper, began “shouting and screaming” and kicked the printer, causing some damage.
Kerrie admits she cried, said “anyone else would have walked years ago due to goings-on in the office”, and claimed she only stayed “because of you two dickheads”.
Thomas twice told her to “F*** off” and confirmed to Kerrie that her employment was terminated.
She subsequently made a claim of unfair dismissal at the employment tribunal.
The judge, Sonia Boyes, said the company didn’t act in a reasonable way when they dismissed Kerrie.
In her employment contract, it said employees could be fired for the “Provocative use of insulting or abusive language”. However, this dismissal process needed a prior warning.
The contract also said that “Threatening and intimidating language” would be treated as gross misconduct, but that’s not what Kerrie did.
Her remark was a one-off comment which was “meant as a joke” and made in the heat of the moment. It wasn’t acceptable behaviour, but it didn’t amount to gross misconduct, so they should not have dismissed her the way they did.
Kerrie’s award was made up of £15,042.81 in compensation plus £14,087 towards her legal fees.
What this means to you
Check your employment contract and/or staff handbook to see what behaviour would count as a sackable offence.
It’s always the paperwork that lawyers and courts consider.
So, if you want to make a claim, it’s wise to keep a record in writing detailing exactly what happened, including who said what and when.
Later, if the case comes to court, try to keep your emotions out of it. Stay calm and professional, and you’ll have a greater chance of being taken seriously.
Time limits
Note that there are strict time limits for making a claim.
For most claims, it’s three months less one day from the date the event you’re complaining about occurred.
For unfair dismissal claims, the time limit starts from the ‘effective date of termination’. This usually means the last day of your notice period, or the date you were dismissed if your employer did not give you notice.
For pay and wages claims, the time limit starts from the date you were not paid correctly.
For discrimination claims, the time limit starts from the date of the last act of discrimination you’re including in your claim.
In some cases, you have six months less one day. These include:
- Statutory redundancy pay claims
- Equal pay claims
- Unfair dismissal claims related to strike action
- Certain claims made against a trade union
- Certain claims if you’re a member of the armed forces
Going through grievance, disciplinary or appeal procedures does not change your time limit.
About Paul Doran Law
Paul Doran – Director
We are employment lawyers with offices in Northern Ireland and England, who act for employees across the UK.
If you’ve been mistreated at work, please give us a call, and we’ll let you know what you can do about it.
Because of the time limits, it’s best to contact us early on.
Related reading
For more on this subject, you might like to read our related articles. These include:
- Can I be dismissed for name calling?
- Age discrimination: I’ve been called rude names
- When does banter go too far?
- I’ve had enough of my boss and want to leave
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