This question was considered in a recent tribunal case, which ruled that an employee was unfairly dismissed after finding that swearing and banter was ingrained in the workplace culture.
Background
Robert Ogden, a driver employed by Booker Ltd in Royton since 2016, was dismissed in October 2023 for gross misconduct. His termination followed an incident where he was accused of making derogatory remarks to a female colleague. Ogden challenged his dismissal, arguing that the incident was isolated and did not reflect his usual conduct.
Ogden used the term “f*****g m**g” when commenting on a colleague’s weight loss efforts which left her feeling “violated” and “shocked”. Although Ogden admitted to using the offensive language, he insisted that the phrase was common in the workplace, and he did not intend it to be malicious. The victim thereafter lodged a grievance and 3 months later Ogden was dismissed.
The office environment was described as “toxic” and “lawless” where there was the culture of banter and pranks among staff, including managers. During the investigation other employees confirmed there was often inappropriate conduct and claimed this was normal in the office. Furthermore, evidence also suggested that the managers engaged in the behaviour with one reportedly calling the same colleague “chubs” and poured sweets over her head. Ogden argued that this environment had led to a false sense of security about language and behaviour in the workplace.
The Tribunal’s Judgment
The tribunal emphasised major shortcomings in the disciplinary process, particularly its failure to consider the “dysfunctional and seemingly toxic” office culture where unprofessional language was routinely ignored. This issue was especially evident in Ogden’s grievance interview which was filled with expletives, highlighting deeper, systemic issues in the workplace environment.
The Judge noted that “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 quite often spoken in the public sphere”. The Judge was also sympathetic to Ogden’s claim that “m**g” was not intended as a reference to people with Down’s Syndrome but rather “a common Northern term referring to stupid”.
Furthermore, the tribunal determined that the complete disregard for the workplace culture was a significant oversight in the disciplinary process. The Company’s failure to consider the office environment and its influence on Ogden’s behaviour undermined the fairness of the investigation, particularly since the manager present during the interview did not intervene to stop Ogden from using expletives. Additionally, procedural flaws such as an incomplete investigation and conflicting accounts were identified as material weaknesses which compromised the integrity of the process.
The Tribunal concluded that the decision to dismiss Ogden was outside the “band of reasonable responses” and a more appropriate course of action would have been an informal resolution or a written warning. The tribunal ruled that Ogden’s dismissal was unfair considering the broader cultural issues in the office and his exemplary record with the company. The judge specifically highlighted the complicity of office managers in perpetuating the dysfunction and their failure to enforce workplace standards.
Ogden will have a further hearing to determine the compensation owed to him following his successful claim.
Behaviour in the workplace
In summary, yes, the Judge really did say it was more acceptable to swear in the north. While workplace banter can be used to build relationships, it can easily turn into a hostile or uncomfortable environment if the language becomes offensive or if colleagues feel excluded. Employers must ensure that clear and comprehensive policies are in place to define acceptable behaviour and provide guidance on addressing offensive language.
Regular training for employees is also essential to help them differentiate between positive and harmful language and interactions. This training should cover topics such as equality, diversity, and inclusion enabling employees to better navigate potential misunderstandings and emphasise the importance of respectful communication.
A top-down approach, with strong guidance from senior management, is key to cultivating a culture of positive and open communication where employees feel empowered to raise concerns about inappropriate behaviour. Employers should establish clear values that are communicated to all employees and integrated into daily interactions. This will help create an environment where everyone feels respected, valued, and included.
How we can help
For further information, or to discuss the issues raised within this case, please contact us to speak to a member of our Employment Team.
