Can I be dismissed for name calling?
The short answer is yes, it’s possible.
Employment law protects employees against unfair dismissal, but your employer has the right to dismiss you if you break the terms of your employment contract. That usually includes the need to treat your fellow employees with respect, and means you mustn’t create a bullying, hostile or intimidating atmosphere by calling your colleagues by rude names.
These recent cases illustrate the point.
Name calling: Case study 1
Scott Chatterton worked for bus company, First Travel Solutions.
He sent messages to his co-workers where he called his line manager, Dominique Ainscow, “dumbo” and a “dozy bint”.
The company launched an investigation. At a disciplinary meeting, Scott initially tried to deny sending the messages and promised to apologise.
His excuse was that she’d “agitated him” and her conduct had driven him to use unprofessional language. He argued that the language was “commonplace / just how people speak”, and that he’d heard the word ‘bint’ on Coronation Street.
However, his employer decided he had breached their workplace bullying rules because he’d used a derogatory term for a woman, and Scott was sacked.
He appealed against the decision, but First Travel upheld his dismissal.
Scott therefore made a claim for unfair dismissal at the employment tribunal. The employment judge, Zoe Thompson, found he’d used discriminatory language and that sacking him was a reasonable response to his conduct.
His claim for unfair dismissal was dismissed.
Name calling: Case study 2
Charlotte Moore taught a year 6 class at Trinity St Mary’s Primary School in Chelmsford.
She told the pupils they were “chattering monkeys” and that they were “getting on her nerves so much she wants to shoot herself or them”.
Parents complained that her “chattering monkeys” remark was “very racist” and constituted a hate crime. She was investigated by police, who concluded that the comment related to the entire class and so wasn’t a racial slur in this context.
The school launched a disciplinary investigation, where around half the 30 children in Charlotte’s class were interviewed. A number of them shared concerns, including reports of her grabbing a pupil by the back of their neck, and shaking another while holding their collar.
Charlotte was suspended and later sacked for gross misconduct.
She made a claim of unfair dismissal at the employment tribunal, claiming that:
- The allegations against her were “malicious and untrue”
- She often made “overly dramatic statements” to pupils in a jokey way
- Insufficient investigation was carried out into her conduct
- The investigating officer was biased in their approach, and relied extensively on anonymous witness statements
- The role played by HR had too great an influence on the outcome of the disciplinary procedure
- She had not been informed about all aspects of the allegations for which she was suspended
- There was a lack of reasonable grounds to dismiss her
Employment Judge, Suzanne Palmer, found there were some flaws in the way the investigation was conducted, but the role played by HR fell within a reasonable procedure and there was no evidence to suggest that HR sought to influence the panel’s decision.
Charlotte’s claim for unfair dismissal was dismissed.
What this means to you
Your employer has a duty of care for all their employees. Within reason, they must do whatever they can to support employees’ health, safety and wellbeing. This includes protecting staff from discrimination – and that includes not permitting offensive name-calling by other staff, customers and suppliers.
This means you can’t just say (or write) anything you want at work. You have to be careful! To keep your job, you should remain professional at all times.
Being called by rude names is unpleasant and demoralising. It counts as workplace bullying.
Other examples of bullying can include:
- Ignoring, isolating or excluding someone
- Belittling, discounting or unduly criticising them
- Making them the scapegoat when it’s not their fault
- Threatening them about their job security
- Setting them up to fail
- Spreading rumours about them
- Giving them meaningless tasks to do
- Intruding into their personal space
- Shouting at them or behaving aggressively towards them
Victims of bullying do not need to put up with it. If someone’s behaviour at work makes you upset or uncomfortable, it can affect your self-esteem, performance at work, and even your home life. Don’t think you’re being over-sensitive, assume it’s your own fault, or write it off as an acceptable “management style”.
There are things you can do. Discuss your worries with your line manager, HR department or trade union representative, or give us a call on 0808 168 7288.
We’re UK employment lawyers with offices in Northern Ireland and England who act for employees who’ve been mistreated at work. The initial conversation is free, and we’ll let you know if you have a case, your chances of winning, how much compensation you might receive, and the next steps to take.
Related reading
For further information on this topic, you might like to read our related articles. These include:
- Age discrimination: I’ve been called rude names
- When does ‘banter’ go too far?
- My colleague is racist
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