TW: offensive language
An employee who swore at a colleague has been awarded compensation after he was unfairly dismissed from his job.
Robert Ogden, a former employee at Booker Wholesale in Greater Manchester, called his colleague a “fucking mong” after they were discussing weight loss classes and doughnuts.
However, even though he was sacked, the tribunal ruled in his favour, as they felt that swearing at work was considered normal in Northern England.
They also felt that Ogden had been ‘singled out’ as such behaviour was commonplace in the organisation.
Judge Jetinder Shergill said: “I am satisfied that swearing should not be acceptable in a workplace, although common everyday experience, particularly in the North is that the F word is used often in the public sphere.
“It is interesting that the manager conducting the interview did not intervene to stop the claimant from using expletives.
“It tends to support a culture within the workplace that stood apart from what might be considered acceptable workplace norms.”
“What the claimant said was offensive and may have crossed a line.
“However, having not been informed previously that this conduct was causing offence, the decision to dismiss the claimant when assessing all of the defects and concerns holistically with the process failings is harsh.”
No bloody swearing
It is not against the law to swear at work and may be the norm in some offices. However, most workplaces will have a limit as to how much and what is deemed acceptable.
In some cases, swearing at work is not permitted and it is advisable to avoid it completely.
Under the Equality Act of 2010, offensive language that goes against a protected characteristic a person’s race, religion, gender identity, age, disability, marriage or civil status, sex, sexual orientation and pregnancy or maternity is often considered discrimination or harassment.
Keep it clean
If you feel that you have been unfairly treated or dismissed at work, our employment law solicitors can help get you the justice that you deserve.
For more information, call our team on 01924 461 236 or email enquiries@kingswellwatts.co.uk
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