Swearing at director during resignation call not gross misconduct

A resignation that turned sour

The claimant, a fitness club manager with only four months' service, resigned by email after a difficult relationship with his director. During a follow-up phone call about his notice period, the conversation became heated and the claimant swore at the director. The director immediately told him he was dismissed for gross misconduct and to leave the premises.

The tribunal found that while the language was inappropriate, it did not justify summary dismissal. The claimant had already resigned and was trying to negotiate his notice period. A single outburst in the heat of the moment did not destroy the employment relationship to the extent that the employer could dispense with notice.

What the employer got wrong

The employer made two critical errors. First, it treated the swearing as gross misconduct without considering the context — the claimant had already resigned and the argument was about his final week of work. Second, it deducted £600.45 from the claimant's final wages for property it claimed he had not returned, including fobs, uniform and a laptop. The tribunal found no evidence that the claimant had failed to return these items, and noted that he had even provided the laptop password after his dismissal.

What this means for similar claims

This case is a reminder that even employees with very short service are entitled to notice pay unless there is genuine gross misconduct. Employers cannot use a heated argument as a shortcut to avoid paying notice. It also shows that deductions from wages must be based on clear evidence, not assumptions. For employees, the case demonstrates that resigning does not waive your rights — if your employer dismisses you without notice for something that does not amount to gross misconduct, you may have a claim for wrongful dismissal.