An office manager who was sacked on the spot for calling her boss and a director 'dickheads' during a heated row has won an unfair dismissal claim. An employment tribunal ruled that the insult did not amount to gross misconduct, ordering the firm to pay nearly £30,000 in compensation and legal costs.
Kerrie Herbert, who earned £40,000 a year at Northampton-based Main Group Services, was dismissed in May 2022 after she confronted her manager, Thomas Swannell, and his wife, Anna, who ran the business. The tribunal in Cambridge heard that Herbert had become upset after discovering documents in Swannell's desk about the costs of employing her, believing he intended to let her go.
When Swannell raised concerns about her performance, Herbert began crying. She told the tribunal she said: "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." Swannell reportedly replied: "Don't call me a fucking dickhead or my wife. That's it, you're sacked. Pack your kit and fuck off."
The tribunal heard that Herbert's contract allowed dismissal for "the provocative use of insulting or abusive language", but only after a prior warning. More serious conduct, such as threatening and intimidating language, would constitute gross misconduct and justify summary dismissal.
Employment judge Sonia Boyes found that Main Group Services had failed to follow proper disciplinary procedures. "She made a one-off comment to her line manager about him and a director of the business," Boyes said. "Whilst her comment was not acceptable, there is no suggestion that she had made such comments previously."
The company was ordered to pay Herbert £15,042.81 in compensation and £14,087 towards her legal fees.
