Does Swearing in the Workplace Constitute Misconduct?

In the recent GB case Ms H Dadhania v SAP(UK) Ltd and Others 3307319/2020, it was deemed by the judge, Andrew Gumbiti-Zimuto, that swearing is ‘fairly commonplace’ and has lost the ‘shock value’ that it once carried in an arguably more conservative society. Generally, if a business wishes to make foul, inappropriate and offensive language a disciplinary offence, this should be covered in their disciplinary rules as an example of misconduct.

However, the context within which swearing is utilised remains key. For example, the use of expletives against an employee to intimidate or humiliate them or an employee who utilises foul language for harassment and discrimination