Employment tribunal rules UK woman unfairly sacked after calling her bosses ‘d***heads’ in heated row

A worker has won a huge payout after she was sacked for calling her boss a “d...head” during a fiery workplace showdown.

A judge has now ruled the dismissal was unlawful and ordered her bosses to pay her thousands of dollars in compensation.

Employment Judge Sonia Boyes handed down the stinging verdict after Kerrie Herbert was fired on the spot for directing the insult at her manager and his wife, who co-ran the scaffolding and brickwork company where she worked.

The judge agreed the outburst was “inappropriate and regrettable” but said it was not serious enough to amount to gross misconduct when said “in the heat of the moment”.

Ms Herbert had joined Main Group Services in 2018 on a £40,000 ($A82,000) salary.

By May 2022, tensions were running high.

The tribunal heard she discovered documents on her boss’ desk about the cost of employing her, and feared she was about to be let go.

When Thomas Swannell, who ran the firm with his wife Anna, raised performance concerns, Ms Herbert broke down in tears.

She told the tribunal she snapped: “If it was anyone else in this position, they would have walked years ago due to the goings on in the office, but it is only because of you two d...heads that I stayed.”

Mr Swannell allegedly shot back: “Don’t call me a f...ing d...head or my wife. That’s it, you’re sacked. Pack your kit and f..k off.”

Ms Herbert said she asked if he was serious, to which he responded: “Yes I have, now f..k off.”

Her contract did state she could be dismissed for “the provocative use of insulting or abusive language” but only after receiving a formal warning, Metro reported.

Instead, Judge Boyes found she had been summarily fired on the spot for using the term “d...heads”, with the company failing to follow its own disciplinary process.

In her ruling, the judge said: “I find that the reason for her dismissal on that date was her conduct at that meeting. The company’s disciplinary procedure was not followed.

Ms Herbert was not given notice of the termination of her employment nor was she paid in lieu of that notice. Although her comments were inappropriate and regrettable, they did not justify summary dismissal.”

The tribunal ordered Main Group Services to pay Ms Herbert £15,042.81 in compensation and just over £14,000 towards her legal fees.

The judge concluded: “In essence, the conduct when considered in context was not so serious as to amount to a repudiatory breach of contract.”