In a recent article, an economics commentator advised that "this was hardly a time to abuse your boss” implying that any abuse leads to automatic dismissal.
We live in more liberal times and not all abuse leads to dismissal. But be careful.
Many would think that any abuse should result in instant dismissal. That is not the case. Employment tribunals and courts have developed a new set of rules based on the principle that stable employment is important and workers cannot be dismissed without just cause.
The general principle is that the context of the abuse must be taken into account. One judge has said, “The context, including the tone of voice and demeanour, must be considered before any conclusion can be reached as to the quality of the conduct involved.”
Another judge held that calling an employer an “utter arsehole”, telling him to “get stuffed”, and saying that he should not call her a “fucking liar” was not sufficient, even cumulatively, to constitute serious misconduct justifying summary dismissal.
The court held that the woman had used “bad language” in a descriptive way in her everyday speech, not deliberately for coarse or off
.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!