Latest in Employment Law>Articles>Does Swearing in the Workplace Constitute Misconduct?
Does Swearing in the Workplace Constitute Misconduct?
Published on: 10/03/2023
Issues Covered: Discipline
Article Authors The main content of this article was provided by the following authors.
Chris Fullerton
Chris Fullerton

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