It Isn’t Advisable to Call Your Boss a “Dickhead”: Even Though a Tribunal Ruled It’s Not Grounds for Dismissal

In a recent employment tribunal case in the UK, Kerrie Herbert, an office manager at Main Group Services in Northampton, was fired during a heated meeting after calling her manager and a company director “dickheads.” The tribunal, led by Judge Sonia Boyes, concluded that while the remark was inappropriate, it did not amount to gross misconduct justifying summary dismissal, particularly because it was a single, emotional outburst and no prior warning had been issued. As a result, the dismissal was found to be unfair. Herbert was awarded around £15,000 in compensation plus an additional £14,000 toward her legal fees, totalling nearly £30,000.

This case underscores a crucial principle in employment law: even offensive language in the heat of the moment may not meet the threshold for summary dismissal if proper disciplinary processes were not followed, especially when the incident is isolated.

Key Takeaways

• While Herbert’s comment was clearly unprofessional, the tribunal found it did not rise to the level of “gross misconduct” without prior warning or repeated behaviour.

• The ruling emphasises the importance of fair procedure: an employer must follow its own disciplinary protocols—typically involving warning steps—unless the behaviour is genuinely threatening or repeated.

Nudge’s Note

At Nudge, we don’t recommend calling your boss a “dickhead” or using any similarly insulting language, no matter how justified you feel in the moment. Even though this tribunal case ended in favour of the employee, such actions are risky, likely damaging to workplace relationships, and could easily lead to dismissal if procedures are followed correctly.

This case serves as a reminder that the legal system may offer protection in rare circumstances, but the best practice is always to manage workplace frustrations professionally. If you’re in a tense situation, consider pausing, crafting a measured response, or seeking support, rather than letting emotions drive your words.