U.K. Tribunal Says Calling Bosses a ‘D–khead’ Did Not Justify Summary Dismissal

A U.K. employment tribunal has ruled that an employee’s use of an expletive toward her managers did not amount to gross misconduct warranting summary dismissal, awarding the worker more than $40,000 in compensation.

Judge Sonia Boyes said the comments were "inappropriate and regrettable" but did not justify the immediate sacking, according to reporting. The decision overturned the dismissal of Kerrie Herbert, a supervisor at Northampton-based scaffolding and brickwork company Main Group Services, who was fired after calling her bosses "d—kheads."

Herbert had worked at Main Group Services since 2018, performing office supervision, payroll oversight, arranging meetings and filling in for administrators. Her immediate supervisors were Thomas and Anna Swannell, who are brother-in-law and sister-in-law, and who hold the posts of operations manager and managing director. The tribunal record indicates Herbert earned more than $50,000 a year in the role. The incident that led to her dismissal occurred in May 2022 when Herbert, while searching a manager’s drawer to complete an administrative task, discovered documents and subsequently swore at her employers.

Herbert brought a claim contending that the dismissal was unfair. In a written judgment, Judge Boyes concluded that although Herbert’s language toward the Swannells was inappropriate, the conduct did not reach the threshold of gross misconduct that would justify immediate termination without notice. The tribunal therefore found the dismissal to be wrongful and awarded compensation in excess of $40,000.

Employment tribunals assess whether employers have acted reasonably and proportionately when dismissing staff. Summary dismissal — the immediate termination of employment without notice — is typically reserved for conduct so serious that it destroys the trust and confidence necessary for the employment relationship. In this case, the tribunal determined that the employer’s decision to summarily dismiss Herbert was disproportionate to the misconduct.

The ruling underscores the tribunal’s role in weighing the severity of misconduct against the employer’s chosen disciplinary response. It also highlights procedural expectations that employers face when addressing employee misconduct, including the need to consider alternatives to summary dismissal and to follow fair process.

The tribunal’s award of more than $40,000 resolves the claim against Main Group Services brought by Herbert. The company and the individuals involved did not make additional public statements in the tribunal record released with the judgment.