The Cambridge Employment Tribunal issued its ruling on 4/9. According to the Telegraph, Kerrie Herbert began working at Main Group Services in Northampton in October 2018. The company is run by Mr. and Mrs. Thomas.

In May 2022, Herbert found a document on her boss's desk advertising her own position. She believed she was about to be fired.

When Mr. Thomas raised concerns about Herbert's performance, she began to cry, saying anyone else in her position would have quit years ago because of what goes on in the office. "It's because of you two scumbags that I'm still here," she said.

Mr. Thomas angrily retorted, "Don't you call me or my wife a scumbag. You're fired. Pack your things and get out." He made the decision to fire her on the spot.

Herbert confirmed she asked if he was actually firing her, and he replied, "Yes, get out."

Herbert subsequently sued the company for unfair dismissal.

In court, the company argued that under the terms of her contract, Herbert could be dismissed for "the use of provocative, abusive language." However, this required 30 days' notice. More serious offenses, such as "threatening and intimidating language," were considered gross misconduct, warranting immediate dismissal.

The company later claimed Herbert was fired for poor performance.

The tribunal found that the company's disciplinary procedure hadn't been followed. Herbert received no notice of termination nor payment for that month's work.

The tribunal determined that Herbert's criticism of the director, not her performance, was the reason for her dismissal.

The judge deemed the insults "inappropriate" but not necessarily gross misconduct justifying immediate dismissal, especially if spoken "in the heat of the moment."

In this case, the court found that Herbert had no prior history of insolence or offensive remarks during her employment.

The tribunal ruled Herbert's dismissal unlawful, awarding her nearly £30,000 in compensation.

Hai Thu