Office manager called managers 'dickheads' as a joke and was sacked on the spot
An office manager with 3 years 7 months' service was unfairly dismissed after calling her managers 'dickheads' in jest during a heated meeting. The tribunal found the employer's subsequent disciplinary process was contrived and awarded £15,042.81.
1 min read · Last updated 18 May 2026
Case details
- #summary-dismissal
- #one-off-comment
- #small-employer
- #acas-code-uplift
- #contrived-disciplinary-process
- #failure-to-provide-written-particulars
Key facts
- The claimant was employed as Office Manager from 28 October 2018 until 20 May 2022.
- On 20 May 2022, during a heated meeting, the claimant called her managers 'dickheads' as a joke.
- The respondent's Operations Manager immediately dismissed the claimant summarily.
- The respondent later conducted a disciplinary process which the tribunal found was contrived.
- The claimant was awarded £15,042.81 in compensation for unfair dismissal and failure to provide written particulars.
Timeline
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Employment commenced
Claimant started work as Office Manager for Main Group Services Ltd.
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Claimant amended digital contract
Claimant accessed and amended her digital contract to record that her salary reduction was temporary.
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Meeting and summary dismissal
During a meeting, claimant called managers 'dickheads' in jest; Operations Manager Thomas Swannell dismissed her summarily.
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Claimant sent letter disputing dismissal
Claimant wrote to respondent setting out her version of events and asserting she had been dismissed.
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Suspension letter sent
Respondent sent claimant a letter stating she had been suspended pending investigation.
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Disciplinary outcome letter
Respondent sent claimant a letter confirming summary dismissal for gross misconduct.
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Liability hearing
Employment Tribunal heard the case and found unfair dismissal and breach of contract.
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Liability judgment
Reserved judgment issued finding unfair dismissal and breach of contract.
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Remedy hearing
Tribunal awarded £15,042.81 compensation for unfair dismissal and failure to provide written particulars.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed when she was summarily dismissed during a heated meeting for calling her managers 'dickheads', and whether the respondent's subsequent disciplinary process was a genuine attempt to follow procedure.
The outcome
The tribunal found that the claimant was unfairly dismissed and that the respondent had breached her contract by dismissing without notice.
Key reasons:
- The decision to dismiss was made on the spot during the meeting, before any investigation.
- The later disciplinary process was not genuine; it was a contrived attempt to justify a pre-determined outcome.
- The respondent failed to provide a written statement of employment particulars that complied with section 1 of the Employment Rights Act 1996.
Compensation:
- Basic award: £2,569.50
- Compensatory award: £11,331.31
- Damages for breach of contract (notice pay): equivalent to one month's salary
- Award for failure to provide written particulars: two weeks' pay
- Total: £15,042.81
Lessons & takeaways
- Employers should not dismiss an employee during a heated exchange without first carrying out a reasonable investigation.
- A disciplinary process that is merely a box-ticking exercise after a decision has already been made will not be considered fair by a tribunal.
- Even a single offensive comment made in jest may not justify summary dismissal if the employer has not followed proper procedure.
- Small employers are not exempt from following a fair disciplinary process; the range of reasonable responses still applies.
- Failure to provide a compliant written statement of employment particulars can result in additional compensation.
This case shows how a moment of heat in the workplace can lead to a dismissal that falls well short of legal standards. The office manager, with over three and a half years' service, was in a meeting when she called her managers 'dickheads'. She said it as a joke, but the Operations Manager immediately dismissed her on the spot. The employer later tried to dress this up with a disciplinary process, but the tribunal saw through it.
What the employer did wrong
The tribunal found that the decision to dismiss was made before any investigation. The employer then conducted a disciplinary hearing that was not a genuine attempt to consider the facts, but a contrived effort to justify a decision already taken. This is a classic example of a 'predetermined' outcome, which tribunals consistently find unfair. The employer could have avoided liability by pausing the meeting, carrying out a proper investigation, and then making a considered decision based on all the evidence.
Why this matters
The case is a reminder that even a single, offensive comment does not automatically justify summary dismissal. The employer must show that it genuinely believed the employee was guilty of gross misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation. Here, the employer failed at every step. The compensation of over £15,000 reflects the seriousness of the procedural failures, including the lack of a proper written contract.
For employees, this case illustrates that a dismissal can be unfair even if you have said something you regret. The key is whether the employer followed a fair process. For employers, it is a warning that acting in the heat of the moment and then trying to paper over the cracks with a sham disciplinary process will not protect you from a finding of unfair dismissal.
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