Is swearing in the workplace misconduct or gross misconduct?

Question

My colleague has been suspended for using one profanity in the workplace, on one occasion. My colleague has not recieved feedback previously regarding this matter yet has now been invited to a disciplinary hearing with the potential outcome of summary dismissal, is this fair?

Answer 1

No -your colleague should get a verbal warning before being dismissed, at least that's how it works in the UK

Answer 2

Summary dismissal is far too high a sanction for this.

How long has your colleague worked for the Company? If it is for less than a year it could be that they just want to get rid as you do not gain statutory rights before your first complete year of service.

I would look at the Disciplinary Rules and Procedures of the Company - it should state examples of misconduct and gross misconduct respectively.

It also depends on the actual use of the swear word, if it was aimed at somebody like a Manager then it may well be a disciplinary offence - perhaps a final written warning.

Summary dismissal does seem extremely harsh for this offence. Summary dismissal should only ever be used in circumstances of gross insubordination, theft and dishonesty offences or serious repeated misconduct.

I would see how the meeting goes, use the right of appeal and see a solicitor.

Answer 3

Is Swearing Gross Misconduct

Answer 4

This Site Might Help You.

RE:
Is swearing in the workplace misconduct or gross misconduct?
My colleague has been suspended for using one profanity in the workplace, on one occasion. My colleague has not recieved feedback previously regarding this matter yet has now been invited to a disciplinary hearing with the potential outcome of summary dismissal, is this fair?

Answer 5

Hi,
I guess it would depend on the style of the workplace, the level of profanity, and moreover did it offend folks ?
I don't cuss & swear unless I hit the proverbial thumb with the proverbial hammer, but when working as a sales engineer for electrical generating gear, visiting factories and building sites, I became immune to the odd F and B*gger etc.
I would say so much as "poo" in the office, as I would not wish to offend anyone.
So that is the nub of the jist.
Have your collegues got over-sensitive opinions ?
Or is it a personality clash ?
To bring an action of mis-conduct, with possible dismissal is just daft for using a tad of rich language.

If that was put before me, I would go the whole hog and cuss like a trooper. Might as well be hung for a sheep rather than a lamb.

I think that some childish politics are occuring.
So it is not fair !

Bob

Answer 6

Can be deemed as both I am afraid.

If you are in the uk then a verbal warning will be given or a written letter.

Sounds like there may be more going on here. I think that if it is taken to a tribunal then tell your colleague to get a good solicitor.

F words are used commonly now. In the street in schools.. it can't be deemed a sacking offence unless it has been complained about previously. It isn't nice to hear it really in the office. But we are all guilty of it at some point.

Get a union involved, Get all the colleagues to back him up if you all think that he should be saved.

Best of luck

Answer 7

For the best answers, search on this site https://shorturl.im/ax6i0

Workplaces large or small are all concerned with productivity. Where an individual is shown to affect worker output, they leave themselves at the mercies of the hiring policies created by the HR department (or the boss). You have wisely follow your own line of response. You've reported this to your line manager. You should trust that he/she will activate a response appropriate to the problem. People have good and bad days. This person could have bipolar disorder - that's between him and HR. He may have been under a lot of pressure at work or home - this was his outlet. Regardless, that is not an excuse to swear at someone. While swearing may be considered fairly minor, his demeanour towards you and other staff members will be considered, and he could at least receive an official warning.

Answer 8

Profanity in the workplace. Even The Wall Street Journal has taken notice. How serious is it, and what are the implications? Where does it border on harassment, and where does it border on contempt for fellow employees? Craig Weber, TEC (The Executive Committee) resource expert on the subject, has some constructive thoughts on this tricky communication issue. Not surprisingly, profanity begins at the top. If key execs freely use swear words to describe their unhappiness at the moment, there’s a trickle-down effect. The message to the rank and file: it’s OK. But is it? First, it’s degrading by any standard. It takes the issue in question to the lowest common denominator, whether it’s a person or a situation. It also destroys the source’s credibility instantly. As one manager said to me, “If they do it at work, what do they do at home in the presence of their kids?” It’s also clearly dysfunctional to the cohesiveness of work teams. Employees who hate profanity might not have the courage to stand up and object for fear of retaliation. So they remain silent, but less committed to the team. Successful techniques Easier said than done, I know. If it’s habitual and has been tacitly accepted for some time, a change won’t occur overnight. The key to breaking this habit is to address the issue out in the open and involve all employees in the process. The discussion must begin in small groups with the results of the anonymous survey as the focal point. Top management must make it clear that, as a group, managers are committed to breaking the habit, beginning with “numero uno,” if the shoe fits. Here are four techniques that companies have used successfully. 1. Charge people a buck if they’re caught swearing. Make a pledge to collect the proceeds for a shared reward at some point in the future – an employee dinner celebration, for example. 2. Develop a hand signal that any employee can use to silently warn another employee that they have stepped over the profanity line. For example, a “thumbs down” gesture. 3. Decide in advance on rewards for change. This should not be an individually-based reward system, but it could be done on a shift or departmental basis or, for a small company, for all employees below the senior management level. 4. Advertise success stories. Give employees a chance to share a success story that can be, in part, attributed to finding alternatives to profanity at, for example, a team meeting or customer/ vendor meeting. As with any people change program, patience is the order of the day. A stop-swearing campaign is no different. A little bit of humor helps, too. And that has to begin at the top. It might start with something as simple as, “darn, we missed the boat on that one.” As I’ve said over and over again in this column, paying attention to detail is a key to developing and maintaining a competitive advantage.

Answer 9

It depends on the workplace. If others find it offensive and the colleague has been told to cease and desist from searing, disciplinary action may be appropriate.

Great care must be taken to respect the sensibilities of other workers. If there are women in the workplace that find such swearing "uncomfortable" and objectionable, and they have complained to management, it is management's responsibility to maintain a comfortable workplace.

It seems unusual to suspend somebody after just one warning.

Answer 10

It is dependent on the working environment - I seem to recall a case where a guy was sacked but as he worked on a building site he was off the hook as it was considered to be contemporary colloquial language i think that was case law - so technically if other employees regularly use similar profanities it is not misconduct gross or otherwise. Ordinarily though a verbal warning should suffice unless there are other areas of concern ie late attendance etc

Answer 11

Depends. On a lot of things. Private company, or corporation? Union or non union? Office or welding shop? You see what I mean right? The fair and moral procedure would be to discipline your colleague, and if nothing ever happens again, let it go. In a private company, the boss sets the rules, and no one MUST be retained if the boss doesn't wish to retain them, in which case it is the colleague who may be 'let go'. Union, government job and large corporations all act like the first example. Lots of private employers are much more controlling and less tolerant. And finally, it all depends on the words which were spoken.