Is Swearing Common in Northern Workplaces?

Claire Hollins, Partner

A few eyebrows were raised earlier in the month with the news headlines that an employment judge had remarked that swearing at work was ‘common place’ in the north. Whilst those remarks had undoubtedly been made by the Judge, the actual circumstances of the case were more complicated than a simple acceptance that swearing was prevalent in northern workplaces and therefore not a disciplinary matter.

Summary

Mr Ogden was employed by Booker Limited for over 7 years. He was dismissed for gross misconduct following an incident in which by his own admission he had asked a colleague a derogative question involving an insulting word.

Mr Ogden’s position was: this was a one off in an otherwise exemplary record; his use of the word was a reference to stupidity and not disabled people generally, or people with Downs Syndrome specifically; there were cultural issues within his team; and his employer had failed to carry out any dignity at work training. Effectively he felt that he had been ‘singled out’ and treated differently to others. He also said that there were procedural issues with both the investigation and the disciplinary process. In short he claimed that his dismissal was unfair.

The company’s position was that Mr Ogden’s comments were offensive; the victim had complained about Mr Ogden; and that it was reasonable in the circumstances to dismiss him for making those comments.

The Judge found that whilst the words used by Mr Ogden were offensive, the workplace was toxic and that there was no real enforcement of expected workplace norms by managers who were often themselves part of ‘the problem’. It was accepted that training and implementation of dignity in the workplace standards were woeful. The Judge also found that Mr Ogden was not treated consistently with others including the managers.

As such, Mr Ogden’s dismissal was unfair and he was entitled to be compensated for that.

Key takeaways

The judgment highlights the importance of getting the basics right when dealing with disciplinary matters. In particular the judge referenced:

• Lack of complete and detailed investigation notes
• Unresolved factual disputes
• Inconsistency in treatment
• Inadequate training
• Lack of standards resulting in ‘banter’ and a toxic, dysfunctional workplace
• Failure to follow their own policies and procedures

We can help you to get those basics right by providing bespoke training for managers on handling investigations, disciplinaries and appeals. We can also deliver effective workplace training to ensure that employees know the standards expected of them and to assist you to comply with the new duty to prevent sexual harassment in the workplace.

To find out more or for more general advice please get in touch with the team or call us on 0161 832 3434