Can I Get Fired For Swearing at Work?

In Mr Robert Ogden v Booker Limited, an employment tribunal ruled that a delivery driver had faced unfair dismissal after being sacked for swearing at work. While the employer reasoned his workplace swearing constituted gross misconduct and warranted dismissal, the tribunal held a toxic workplace culture undermined the fairness of the disciplinary action taken.

Read on as we examine the facts of the case and outline the decision made by the tribunal. We will also establish whether others can lose their job due to foul language in the workplace. 

If you believe you’ve also fallen victim to unfair dismissal due to a toxic workplace culture, please don’t hesitate to reach out. Redmans Solicitors are employment law specialists, and after a quick chat, we can provide expert advice.

To find out more about how we could help you, please:

The Facts in Mr Robert Ogden v Booker Limited

Background – Swearing at Work Incident

Mr Robert Ogden (“The Claimant”) had been working for Booker Limited (“The Respondent”) at their Royton site since February 2016. During his employment, he was a delivery driver and trainer.

On 4 August 2023, a female colleague raised a formal grievance about the claimant. She alleged that during a conversation about “doughnuts, weight loss and attending a weight loss club”, he called her a “f**king m*ng”. She claimed he’d been “very aggressive”, and the comments directed toward her had left her feeling humiliated, violated and shocked.

Aftermath of Foul Language in the Workplace

Following the incident, the female colleague took some time off. While she’d hesitated to raise a formal grievance about the swearing at work, she explained how she wanted it to be dealt with so that similar incidents didn’t reoccur.

Crucial to the case, the female colleague also rang an individual referred to as “GS” immediately after the incident occurred. In addition to the workplace swearing, she explained how she’d “had enough” due to a toxic workplace culture. Among other things, she disclosed a belief that certain senior staff members weren’t fans of her.

It came to light that another individual, referred to as “MF”, alleged the claimant had told them they didn’t like the female colleague and had no intention of apologising. Yet, GS provided a contradicting testimony, stating that the claimant was “mortified” and “really sorry” after what had happened. On 17 August, the claimant eventually apologised for his foul language in the workplace. 

Claimant Sacked for Swearing at Work

Following an investigation into the swearing at work, the respondent decided to take disciplinary action against the claimant. They stated that his workplace swearing amounted to gross misconduct and warranted dismissal. As such, his employment was terminated on 26 October 2023. The claimant subsequently pursued legal action and brought a claim of unfair dismissal before the employment tribunal.

The Employment Tribunal’s Judgment

Following proceedings, the employment tribunal turned to the claimant’s choice of expletives. While the word “m*ng” has the official dictionary definition of “a person with Down’s syndrome”, they understood that it could be used as slang for “a person considered to be stupid or foolish”. Nonetheless, the word was still offensive and provided a potentially fair reason for dismissal.

Procedural Shortfalls Found

That being said, the tribunal found various issues leading to dismissal. For starters, the respondent never attempted to resolve the discrepancy concerning whether or not the claimant wanted to apologise. While MF stated he had no intentions of doing so, GS claimed he was remorseful. This contributed to the decision to dismiss, and the tribunal held the respondent ought to have uncovered the truth.

Similarly, the female colleague’s allegations of the claimant being “very aggressive” weren’t consistent with all witnesses. While some claimed his tone was aggressive, others excluded this detail. Since this likely also influenced the finding that the claimant’s swearing at work amounted to gross misconduct, the tribunal again believed the truth should have been found.

Moving on, the tribunal then looked at the claimant’s statements about the workplace being “toxic” and “lawless”. During proceedings, the tribunal learned of incidents where managers had “banter” with staff, including one “pouring sweets” over the same female colleague’s head. Her earlier conversation with GS backed this up.

While this may not have justified the claimant’s swearing at work, it highlighted a toxic workplace culture and showed his actions had been treated differently. Furthermore, it showed that he may have been correct when he claimed to have been “singled out”.

Like with previous issues, the tribunal found this to show a shortfall in the procedure and concluded the respondent’s insufficient investigation undermined the “fairness of the process”. As such, they ruled the respondent’s disciplinary action unreasonable and that the claimant had been unfairly dismissed.

“The One Who Was Without a Chair when the Music Stopped”

The Judge commented, “The free-for-all in the office suggested the claimant was the one who was without a chair when the music stopped. There was a real sense of him being made an example of, which in the context of the free-for-all office, and significant failings in process was unreasonable”.

He added, “A finding of misconduct and a written warning to set proper future standards is likely to have been what at least some other employers would have done”.

Can I Lose My Job for Swearing at Work?

Swearing at work can lead to an individual being sacked, but it doesn’t automatically mean dismissal. Several elements must be considered before an employer decides to dismiss a member of staff:

  • Context Matters – The acceptability of workplace swearing varies greatly depending on the culture and environment. Sometimes, occasional swearing may be common and tolerated, while it may be considered highly unprofessional elsewhere.
  • Employer Policies – Many employers address foul language in the workplace in their disciplinary policies or employee codes of conduct. These policies typically outline what language is unacceptable and the potential repercussions.
  • Severity and Circumstances – Factors influencing a dismissal decision include whether it was a one-off incident or directed aggressively at someone.  Mitigating circumstances, such as whether the individual was provoked or affected by external pressures, could also be considered.
  • Gross Misconduct – In severe cases, swearing at work could potentially be considered gross misconduct. In such circumstances, this could result in summary dismissal (termination without notice). However, this would typically only apply in extreme situations, such as using highly offensive discriminatory language.
  • Fair Procedure and Legal Risks – Regardless of the case, employers must follow a fair disciplinary procedure before dismissing an employee. Should they dismiss an employee without proper justification or procedure, they may face claims of unfair dismissal.

If you’ve been dismissed for swearing at work and believe your employment rights have been breached, contact Redmans Solicitors now. As specialists in the sector, we can provide expert advice and guide you through the legal process, should you be eligible.

Begin your journey with us today by: