Dismissal for using bad language

Case 5: The facts

Michael Duncan was dismissed for writing a message with a sexual innuendo on a colleague's leaving card, resulting in distress to at least a couple of co-workers. He was charged with breach of the company code and summarily dismissed.

The ruling

The EAT held that while the dismissal itself was for a fair reason, the manner of it was unreasonable. The employer was right to view the writing of the message as a serious matter given its sexual content and the offence it had caused to others, it could be described as abusive. Nevertheless the offence was not so serious as to demand no notice of dismissal. Duncan should have had his contract terminated with notice and had the right to compensation to cover the time it would have taken to dismiss him with notice.

Duncan v The Partners of AA Hutton EATS/0051/03