The judge heard that there was a “lawless” environment in the office, in Royton, Greater Manchester, and that swearing is more acceptable in the North.
Even so, HR should not tolerate swearing or inappropriate language in the workplace, said Fiona McKee, founder of consultancy the HR Practice.
Speaking to HR magazine, McKee said: “While regional norms might influence language, they do not excuse unprofessional behaviour in the workplace. HR plays a crucial role in setting, communicating and upholding standards of conduct.
“Simply creating a policy falls far short of what’s required. HR should actively educate all employees, including managers, about expected behaviours. Managers, in particular, should lead by example, addressing issues promptly and promoting a respectful workplace culture.”
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Robert Ogden, a delivery driver at wholesale company Booker swore at his female colleague during a conversation about doughnuts and weight loss. The female colleague later reported him to management.
The tribunal heard that she was “humiliated and anxious". Ogden was later dismissed for verbally abusing his colleague.
Judge Jetinder Shergill agreed that “swearing should not be acceptable in a workplace” but that swearing in the workplace was more acceptable in northern England. He ruled that Ogden was unfairly dismissed as there was a “significant amount of banter” in the office.
“I am satisfied there was a ‘toxic culture’ in the office; it was ‘lawless’ with no real enforcement of expected workplace norms by managers. Indeed, managers were part of the problem by most accounts,” he ruled.
When resolving issues such as this, HR should consult a large group of employees to ensure that they are not part of a wider cultural problem, McKee added.
She commented: “When cultural concerns are identified, HR should conduct a thorough review. Engaging with a diverse group of employees and managers can help uncover the root causes of problematic behaviours, allowing HR to collaborate on solutions to improve team working and standards of behaviour in the workplace.”
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Employees should only be dismissed for swearing if an investigation finds such a response appropriate, McKee noted.
She advised: “Before any dismissal, HR should identify a suitable investigation manager who should perform a thorough investigation into the alleged misconduct. Suspension may be appropriate if the issue is severe, but only after concluding the investigation should a decision be made about whether a disciplinary hearing is appropriate.
“HR’s expertise in managing investigations and guiding managers through disciplinary procedures ensures that actions are fair, consistent, and aligned with organisations standards.”
Following an incident of inappropriate language, HR should support employees to change their behaviour, Dayna Lee-Baggley, psychologist and chief science officer at conflict management platform Impact Me, told HR magazine.
She said: “To foster behaviour change, HR can help employees to make 'toward moves' by using values-driven language and allowing for mistakes (acknowledging 'away moves' or reverting to old habits) when they happen. Always track the behaviour you want to see more of, not the 'bad' behaviour.”
