Swearing at work: Is it acceptable?
The answer to this question depends on a variety of factors, including the workplace culture, the position you hold, the words you use and the intent behind them.
Traditionally, swearing at work, particularly in an office environment, has not been considered to be professional behaviour. However, recent research and case law has indicated that swearing in the workplace no longer has the same shock-factor. Judge Andrew Gambit-Zimuto ruled that even the f-bomb carries a ‘lack of significance’ today. In this case, a claimant suing the employer for unfair dismissal and discrimination alleged that the manager had belittled and undermined her by swearing during a meeting. The manager denied swearing. However, the judge ruled that even if he had used the alleged language, it was not directed at the claimant and was not intended to be offensive.
What do employers need to be aware of when it comes to swearing at work?
Case law has indicated that swearing at work isn’t necessarily wrong, and of course there is no law against it. However, employers can seek to minimise the legal risks and also create a harmonious working environment by being really clear about the boundaries.
Two recent examples illustrate this.
Case law example where an employee was fairly dismissed for swearing at work
In 2023, a BBC employee named James Hazell was fired for swearing at two colleagues. Hazell appealed his dismissal, arguing that he had been discriminated against because of his depression. The tribunal found that Hazell had been dismissed for gross misconduct and that there was no evidence to support his claim of discrimination.
The tribunal heard that Hazell had been warned about his conduct on several occasions. In 2022, he was given a written warning for making inappropriate comments to a colleague. In 2023, he was given a final written warning for swearing at two colleagues.
The tribunal found that Hazell’s swearing was a serious breach of his contract and that his dismissal was justified. The tribunal also found that there was no evidence to support Hazell’s claim of discrimination. Judge Kevin Palmer said the misconduct investigation and dismissal were “clearly not because of disability”.
Case law example where an employee’s claim was upheld
In this case, Horkulak v Cantor Fitzgerald, the employee claimed of a breach to the implied duty of trust and confidence as a result of the conduct of the CEO, in particular his abusive language.
The employer’s defence was that the CEO was frustrated by the employee’s poor performance. The employee’s claim was upheld and £900k was awarded.
The foul language was aggressive and directed at the employee.
In this case, the poor performance should have been managed through capability procedures, not by the CEO swearing at the claimant.
The risks for employers and how to mitigate them
There are a number of risks for employers when it comes to swearing at work, and they could be costly. But there are steps you can take to mitigate these risks.
The main risks are:
⚠️ Claims of unfair dismissal if an employee is dismissed for swearing and robust policies are not in place, or followed consistently
⚠️ Claims of constructive dismissal or discrimination if an employee feels threatened or intimidated by a manager or another employee
⚠️ Reputational damage to the business
⚠️ Retention issues with employees who are not happy to work in a hostile, aggressive environment, or an environment without clear boundaries and standards of conduct
Some ways to mitigate against the risks:
✅ Ensure that standards of behaviour, including use of language, are clearly set out in a code of conduct as part of the employee handbook
✅ Have in place robust Disciplinary and Grievance policies, ensure managers and employees are aware of them and follow them consistently
✅ Be clear on how swearing will be treated in Disciplinary and Grievance policies e.g. is it misconduct and what are the consequences
✅ Ensure that your Bullying and Harassment policy is up to date to be clear that use of language in an aggressive, humiliating or degrading way will not be tolerated
✅ Create a culture of respect. This means creating a workplace where employees feel valued and appreciated, where they are treated fairly, and where they feel safe and comfortable.
✅ Put in place support mechanisms for managers or employees to access if they are experiencing stress or other issues that could result in out of character angry or aggressive behaviour (e.g. counselling services via an Employee Assistance Programme)
Are you losing valuable time or sleep over HR worries?
Get in touch to arrange a no obligation chat to find out how I can help you
