Does Swearing in the Workplace Constitute Misconduct?
Published on: 10/03/2023
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Article Authors The main content of this article was provided by the following authors.
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris fullerton from arthur cox ni
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>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.

Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.

Does Swearing in the Workplace Constitute Misconduct?

In the recent GB case Ms H Dadhania v SAP(UK) Ltd and Others 3307319/2020, it was deemed by the judge, Andrew Gumbiti-Zimuto, that swearing is ‘fairly commonplace’ and has lost the ‘shock value’ that it once carried in an arguably more conservative society. Generally, if a business wishes to make foul, inappropriate and offensive language a disciplinary offence, this should be covered in their disciplinary rules as an example of misconduct.

However, the context within which swearing is utilised remains key. For example, the use of expletives against an employee to intimidate or humiliate them or an employee who utilises foul language for harassment and discrimination would generally warrant disciplinary action.

If a company implements a policy whereby foul language and swearing constitutes misconduct, it must be upheld consistently if it is to be effective and ensure that the entire workforce is aware of the standards expected of them.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 10/03/2023