"The employment judge Sonia Boyes ruled that the scaffolding and brickwork company she worked for had not acted reasonably in all the circumstances in treating [her] conduct as a sufficient reason to dismiss her. She made a one-off comment to her line manager about him and a director of the business, Boyes said. The comment was made during a heated meeting. Whilst her comment was not acceptable, there is no suggestion that she had made such comments previously. Further this one-off comment did not amount to gross misconduct or misconduct so serious to justify summary dismissal."
"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 that I stayed."
"Don't call me a fucking dickhead or my wife. That's it, you're sacked. Pack your kit and fuck off."
Kerrie Herbert was dismissed immediately after calling her manager and a director 'dickheads' during a heated meeting. An employment tribunal ruled the dismissal unfair and awarded Herbert almost 30,000 in compensation and legal costs. The tribunal concluded the employer did not act reasonably in treating the single comment as a sufficient reason to dismiss. The tribunal noted the comment was a one-off, not repeated, and did not constitute gross misconduct. Herbert had been the office manager at Main Group Services on a 40,000-a-year salary since October 2018. The incident followed her discovery of documents that suggested she might be let go.
Read at www.theguardian.com
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