Buzzing About HR
Buzzing About HR by https://www.kateunderwoodhr.co.uk is the go-to podcast for anyone looking to make their workplace better. Hosted by HR expert Kate Underwood, each episode dives into the latest HR trends, essential tools, and practical strategies to help businesses of all sizes navigate the ever-evolving world of work. From improving employee engagement to tackling real-world HR challenges, Kate shares actionable advice you can implement right away. Whether you're an HR professional, a business owner, or someone passionate about people, this podcast will keep you ahead of the curve and buzzing with ideas to drive success in your workplace.
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You Can't Fire Someone Just Because They Called You a Dickhead
Heated words exchanged on a Friday afternoon lead to an instant dismissal that could cost a business thousands in tribunal payments. Why? Because process matters more than the actual language used.
Whether you're running a small business or handling HR solo, navigating workplace conduct issues is fraught with legal pitfalls. One poorly handled disciplinary action can spiral into costly tribunal claims, damaged team morale, and reputational harm. The truth is, tribunals don't simply ask "was the language inappropriate?" – they scrutinize whether you followed a fair and reasonable process.
Through real-world examples and practical guidance, we unpack the legal framework for workplace conduct in the UK, including the Employment Rights Act 1996, the ACAS code, and recent case law that shapes how tribunals view swearing and outbursts at work. I'll walk you through a step-by-step disciplinary process that scales to businesses of any size, debunk common myths (no, WhatsApp messages aren't automatically "private," and those with under two years' service still have important protections), and answer your burning questions about suspensions, discriminatory language, and the power of a sincere apology.
The stakes are high – with tribunal compensation caps now reaching £118,223 and additional penalties of up to £20,000 for aggravated breaches. But with clear policies, trained managers, and consistent application of fair procedures, you can maintain professional standards while protecting your business. Grab my free disciplinary flow chart in the show notes, and if you're facing a thorny situation right now, book a short advice call before it becomes a four-figure mistake. Remember, being the grown-up in the room means pausing, following process, and choosing proportionate outcomes – even when emotions run high.
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It's Friday, 4.27pm. Payroll deadline. Customer on hold printer sulking. I'm in a tiny office above a builder's yard in Northamptonshire. The director storms in we need a chat Now. He waves a paper I wasn't meant to see. I'm exhausted. I blurt it out Honestly If it wasn't for you two dickheads, I'd have left years ago. Silence, face like a beetroot. You're sacked. Pack up by Monday. I'm jobless, shocked and very possibly unfairly dismissed.
Speaker 1:Not because swearing is lovely, because process matters. That's today's lesson. Hello, you lovely lot. I'm Kate and this is Buzzing About HR. If you're a UK small business owner or a solo HR pro juggling payroll policies and packed lunches, this one's for you. Topic today swearing, heat of the moment, outbursts and when discipline or dismissal is fair, plain English, zero fluff. We'll cover the law, the traps and the steps to protect your business and your people. Quick reminder this is information, not bespoke legal advice. If you've got a live case brewing, get help early. All UK only. Current as of the 4th of September 2025.
Speaker 1:Part one setting the scene. Part one setting the scene. Work gets heated. Tight deadlines, short-staffed shifts, whatsapp banter that isn't banter In small teams. One hot word lands harder, reactions are faster and quick reactions are where costs creep in.
Speaker 1:Tribunals are not asking was the language nice? They ask did the employer act reasonably? Did you investigate? Did you follow a fair procedure? Was the outcome proportionate? That's the standard. Part two benefits versus headaches. Get it right and you gain Consistency. People know the line and trust the system. Culture, clear standards without killing common sense. Retention Good people stay when it feels fair. Defensibility. If a claim comes, your paperwork sings, get it wrong and you face Cost Compensation, uplifts, time off for hearings, time drain, a CAS Pleadings, witness notes, statements, morale dips. The team thinks if I slip, once I'm gone, reputation hits. Screenshots travel faster than your solicitor.
Speaker 1:Part 3. The legal lowdown, the basics, the right not to be unfairly dismissed, lives in the Employment Rights Act 1996. As the employer, you must show a potentially fair reason, for example conduct. Then a tribunal asks if you acted reasonably in all the circumstances. The Band of Reasonable Responses test your SATNAV stances. The band of reasonable responses test your SATNAV.
Speaker 1:The ACAS code fair steps inform, investigate, invite, hearing, decide, appeal. If you unreasonably ignore the code, a tribunal can increase compensation by up to 25% Money limits from 6 April 2025. Weeks pay cap £719. Basic award slash statutory redundancy max £21,570. Compensatory award cap ordinary unfair dismissal £118,223 or 12 months pay, if lower. Extra penalty in bad cases For an aggravated breach, a tribunal may fine the employer up to £20,000, separate to compensation In force since 6 April 2019. Deadlines Most claims 3 months minus one day from the event For dismissal. The termination date A CAS early conciliation normally pauses the clock while it runs Qualifying period. Today, ordinary unfair dismissal usually needs two years.
Speaker 1:Service Discrimination, whistleblowing, h&s no two-year rule. Reforms are proposed but not in force yet. Two Touchstone Cases Office manager called bosses dickheads in a heated meeting. Employer sacked her on the spot. Tribunal said a one-off outburst did not justify summary dismissal and the process was unreasonable. Award around £29,000 was reported.
Speaker 1:Context and procedure mattered. British Waterways board B Smith, eat 2015. Old Facebook posts slagging off the employer Dismissal fair on appeal because the employer's decision fell within the reasonable range and procedure was sound. Off-duty posts can still bite. You'll also see game retail V-laws, eat 2014,. In social media cases, dismissal can be fair for offensive tweets, but tribunals must apply the reasonable responses test, not their own view. Good reminder on context and consistency.
Speaker 1:Part four Step-by-step process walkthrough. Part four step-by-step process walkthrough. Disciplinary flow quick sheet pause and separate. Stop the heat. No car park sackings. Write down the exact words, time and place. Save screenshots if messages are involved.
Speaker 1:Triage the issue. Is it a conduct breach Any discrimination, whistleblowing or safety angles? Could an informal chat fix it or is this potential misconduct needing process? Consider suspension only if needed. Use suspension when there is a real risk. Keep it paid short and reviewed. Say clearly it's neutral, not a punishment. Say clearly it's neutral, not a punishment.
Speaker 1:Name a point of contact. Investigate in proportion. Speak one-to-one. Ask open questions. Get short statements. Build a simple timeline. Do not over-investigate.
Speaker 1:Decide if you need a disciplinary hearing. If yes, send an invite letter. Set out the allegations. Include the evidence bundle. Offer the right to be accompanied. Say what outcomes are possible. Give reasonable notice. 48 to 72 hours is typical. Hold the hearing. Use a neutral chair if you can let the employee speak fully. Explore context and mitigation.
Speaker 1:Think Provocation, record Remorse, impact. Adjourn to make your decision. Decide the sanction. Apply the range of reasonable responses Options no action With coaching. Informal note on file. First written warning. Final written warning Dismissal with notice Misconduct Summary dismissal, gross misconduct.
Speaker 1:Way consistency, service slash record Mitigation, business impact. Confirm in writing. Explain your findings. Explain your reasons. Reference the policy. State the sanction and how long it lasts. Set expectations and any improvement plan. Say what happens if it happens again. Give the right of appeal and how to use it. Appeal different chair if possible. Keep the meeting focused. Write the appeal outcome.
Speaker 1:Uphold, reduce or overturn. Aftercare and learning If they stay. Plan reintegration If they leave. Do a clean handover. Log the case. Tweak policy or training if needed. Time aims Guide, not gospel. Start fact-finding within one working day. Hold the hearing within five to seven days. Send the decision letter within 24 hours of the hearing. Allow five to ten days for an appeal of the hearing. Allow 5 to 10 days for an appeal.
Speaker 1:Golden threads fairness, consistency, confidentiality. Follow the ACAS code manager. That's automatic. Gross misconduct. Truth Not automatic. Context and process decide it.
Speaker 1:One-off outburst plus clean record often means a warning, not a P45. Not a p45 myth whatsapp is private work. Can't act. Truth if colleagues or reputation are hit, it can be misconduct. Treat it fairly and proportionately. Myth we're tiny. A cas doesn't apply. Truth. It it does. Scale to size. Follow the steps and you're far safer. Myth suspend to show we're serious. Truth suspension is neutral, not a punishment. Use rarely and review often Myth under two years service. We can just cut ties. Truth watch. The exceptions, eg discrimination keep a fair. Mini process.
Speaker 1:Part 6. Mini-dramas. Mini-drama 1. The Knee Jerk Director. Did you just call me a plonker? You're dismissed. Security Employee. It was heat of the moment, I'm sorry. Fix Kate. Pause. Separate, investigate, invite to a hearing, consider a warning versus dismissal. No car park justice.
Speaker 1:Minidrama 2. The private chat Manager. It's only banter on the team. Whatsapp Colleague. You called me a useless cow and shared a customer's details. Fix, kate. If it touches colleagues or customers, it's workplace conduct. Investigate fairly. Protect confidentiality. Sanction proportionately. Minidrama 3, the heavy suspension HR. We've suspended you indefinitely. We've suspended you indefinitely Employee. You haven't even asked what happened. Fix Kate, use suspension only for real risk. Keep it paid and short. Move quickly to investigate and decide.
Speaker 1:Part seven practical takeaways Part 7. Practical Takeaways Write a crisp conduct and social media. Slash WhatsApp policy with clear examples. Train line managers to de-escalate. Take notes and follow ACAS steps. Pause. Before you punish, investigate first, decide second. Record dates, exact words and screenshots. Keep a clean file. Review past cases to stay consistent before setting a sanction. Part 8. Listener Q&A Q1.
Speaker 1:They swore at me in front of the team. Can I sack them now? They swore at me in front of the team. Can I sack them now? A. Breathe separate. Investigate. One-off outbursts often lead to a warning, not instant dismissal. Context matters.
Speaker 1:Q2. It was a discriminatory slur. Does that change things? A yes, very serious. It can be gross misconduct. Still follow the steps. Fairness still matters.
Speaker 1:Q3. We're tiny. Do we really need the ACAS steps? A yes, scaled to your size. Investigate, invite, hearing, decision, appeal. That's your safety net.
Speaker 1:Q4. It happened on WhatsApp after hours. Is it off limits? A. If colleagues or your business are affected, it's on limits. Treat it like workplace conduct. Don't snoop on devices. Use what's shared like workplace conduct. Don't snoop on devices. Use what's shared.
Speaker 1:Q5. They've only got 10 months service Easier to let them go? A. Be careful. Two-year rule for ordinary unfair dismissal still applies today, but discrimination and whistleblowing claims don't need two years. Follow a fair mini process.
Speaker 1:Q6. Should I suspend to show it's serious? A Suspension isn't a punishment. Use it only if there's a real risk to people. Evidence or the business. Keep it paid, brief and reviewed. Evidence or the business Keep it paid, brief and reviewed. Q7. Does a sincere apology make a difference? A Often, yes. Early apology plus clean record equals strong mitigation. It can shift dismissal to a warning with support to a warning with support. Back to our Friday 4.27pm meltdown. Two hot words, one rash dismissal, a very expensive Monday. The moral isn't let people swear at you, it's be the grown-up in the room. Pause, follow the process, choose a proportionate outcome. Grab my free disciplinary flow Link in the show notes. Share this episode with your busiest line manager. If you've got a thorny situation right now, book a short advice call before it becomes a four-figure mistake. I'm Kate. This is Buzzing About HR. Kettle on Standards up. See you next time.
