In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed. Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it. In this episode we cover: The facts of the case – what actually happened and how the dispute reached tribunal. How the tribunal assessed whether the dismissal was fair in all the circumstances. The importance of proportionate disciplinary action and consistent treatment. Why context matters – including the employee's record, workplace culture, and employer policies. Practical steps for managers handling misconduct or inappropriate language at work. What this case teaches us about the balance between respect, communication, and fairness in disciplinary processes. Why it is important to consider getting a third party to deal with disciplinary issues or dispute when the employee is a family member or close friend. Key takeaway: Even when language is offensive or unprofessional, dismissal is not automatically fair. Employers must consider all the circumstances and ensure their decision is reasonable, consistent, and procedurally sound. Working with family can present different challenges but employment law still applies! You can read the full judgement here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/media/64ae81ed8bc29f00132ccb82/Ms_K_Herbert_v_Main_Group_Services_Ltd_3310773.2022_FMH_Reserved_Judgment.pdf Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help. Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw