The Times newspaper have recently published articles on two noteworthy Employment Tribunal cases, both related to contrasting behaviour from Managers in the workplace. Neither case is what we would call a ‘landmark’ or significant judgment in terms of legal principle, but they both involve interesting sets of facts which employers should take note of and learn lessons from. Swearing at your Boss may be not constitute a Fair Reason to Dismiss The first case is the matter of Herbert v Main Group Services Ltd whereby Ms Herbert was awarded a total of around £30,000 for being unfairly dismissed. The media have come across this case recently despite it being decided in 2023 as Ms Herbert was awarded her legal costs this summer. Ms Herbert came across documents at the Respondent’s business about the cost of her employment to the business which started a cascade of issues between the parties. This culminated in a heated meeting between Ms Herbert, her Manager, and a Director whereby a series of performance issues were raised. Just when the meeting seemed to be ending on a positive note, the Manager said he ‘thought the world’ of Ms Herbert as an employee and she reciprocated that by restating her commitment to the business. However, her restatement was put in a very reckless manner by saying “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 [the Manager and Director] that I stayed”. Ms Herbert said this was intended to be a humorous attempt to reaffirm her commitment to the business, but this was not taken at all in that manner by her Manager who promptly responded “that’s it you’re sacked, pack your kit and f*ck off”. The Tribunal said that there was no attempt whatsoever to follow the disciplinary procedure so the dismissal was procedurally unfair, particularly as she had no warning that she was to be dismissed and no opportunity whatsoever to state her case before the decision to dismiss was made. The Judge also found that this one-off comment did not amount to gross misconduct or misconduct so serious to justify summary dismissal. The clear lesson for employers here is that even in circumstances where any reasonable Manager would be offended in the heat of the moment, for employees with over 2-years service you still need to follow a fair procedure for dismissal. It also shows that the Tribunal will value the context of the comment significantly when assessing whether a reasonable employer would dismiss in the same circumstances. Eye-Rolling Could Constitute Bullying In a very recent Employment Tribunal case, Ms Howieson v Implantsdentist Ltd, the Claimant made claims of constructive unfair dismissal (in simple terms where someone alleges they have been forced to resign). The behaviour complained of by Ms Howieson was sustained over a long time and included being effectively demoted from being a dental nurse including having to do duties such as cleaning which would normally be done by a subordinate. Part of the behaviour in the course of conduct was belittling actions by her colleague who consistently eye-rolled at her. This eye-rolling contributed to the employer being found liable for forcing her to resign from her position and the Tribunal awarded around £25,000 in damages. Although this behaviour was only one of several contributing factors to the resignation, employers should be quick to stamp out any behaviour like this when it is highlighted to them. It may seem minor but it can quickly escalate into a pattern of behaviour which the employer can be held liable for. As always, this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.