Chelsea football boss Jose Mourinho has hit the headlines over his ‘spat’ with club doctor Eva Carneiro, after he was caught on camera swearing at her following their disagreement during the Blues match against Swansea.

Is it ever ok to turn the air blue at work, to use expletives or to use ‘colourful’ language in the workplace?

There are places where swearing has become more commonplace, even habitual, such as in a chef’s kitchen, on a factory floor, in a newsroom or on a football pitch.

Strictly speaking, there are no firm rules on swearing in the workplace, however no one would ever of course start a new job by effing and blinding and presume they would keep that job. If they did, they would most probably be labouring under a misapprehension. Using foul or abusive language in the workplace could also result in an employment tribunal being brought against the individual concerned. An occasional ‘accidental’ swear word can often be forgiven, but a tirade cannot. It’s often a case of degrees, the industry and what people are likely to tolerate. So, how can you ensure that your employees keep on the right side of what’s acceptable in your workplace?

Be upfront about your particular workplace culture

If you work somewhere where it’s common to swear such as a newsroom or on a factory floor, then it may be difficult to change the prevailing culture. If a new person starts in a job, problems could arise if the culture is alien to them, and it may be impossible to change it. As an employer you should be doubly sensitive and be diplomatic when new people start. It might be a good time to have a word with the rest of your work force at the point when someone new starts to encourage them to ‘tone down’ their behaviour and or language.

Remember to respect the feelings of others

Many people never swear and so it’s important that the feelings of others are respected. In addition, if a person in a position of authority swears at a subordinate, such an action could lead to grounds for constructive dismissal or discrimination. If an employee uses abusive language towards an employer, particularly if it is over an instruction that is otherwise deemed reasonable, then that person could be subject to instant dismissal.

Never use language that could be construed as being sexist, racist, homophobic or otherwise discriminatory

There is a huge difference between using swear words in the workplace and using language that is discriminatory. If an employee uses discriminatory language, it could result in at the very least in an employment tribunal. If an employer resorts to such discriminatory language, it could result in constructive dismissal or a discrimination case.

There has been a case where an employment tribunal held that where an employee had used abusive language while under the influence of drink he should be allowed to apologise as restitution for his behaviour.

Employers should seek to implement appropriate bullying and harassment policies, where appropriate workplace behaviour is carefully defined. With detailed policies in place, both the employer and employee can more fully understand what is prohibited in the workplace and the consequences of going against rules and regulations. Employers can thereby prevent inappropriate behaviour in the workplace and also deter potential future employment tribunals.

Jose Mourinho perhaps should  have kept his frustrations in check and dealt with the issue in private rather than venting his anger in a very public way!

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