Whilst aggressive leadership is a widely accepted route to managerial success in certain working environments, it is often judged unacceptable by Employment Tribunals.

The recent sacking of St Helens Rugby League coach Ian Millward, for a string of allegations including the use of abusive language towards a fellow employee, has raised questions about the role of the employer in upholding discipline and protecting employee welfare.

Russell Brown, a solicitor specialising in Employment Law at Manchester law firm Glaisyers, highlights some of the issues employers should consider when managing and disciplining their workforce.

Any employer or manager who relies upon a heavy handed leadership style is now more likely than ever to find themselves facing a claim of unfair dismissal from an increasingly empowered and legally informed British workforce.

Those who use threats to increase productivity and punish inefficiency with verbal intimidation should be warned that progressive employee protection laws mean the days of aggressive management styles are disappearing fast.

St Helens’ sacking
Ian Millward was dismissed on the grounds of gross misconduct earlier this month for, amongst other things, allegedly using foul language towards a fellow employee who subsequently tendered his resignation.

Whilst the need for employers to address aggression in the workplace is a leadership consideration, there are also legal considerations employers must bear in mind. Procedurally, employers are under a legal obligation to investigate all allegations of abusive or intimidating behaviour in accordance with new dispute resolution regulations introduced with a view to resolving disciplinary and grievance issues in the workplace.

Constructive dismissal
An employee who resigns after being subjected to verbal abuse from a colleague or superior may be well within their rights to pursue a claim for constructive dismissal. An employer who fails to investigate allegations of abusive language could face this type of claim by the abuse victim on the grounds that the employee’s trust and confidence in their employer has been compromised.

Following an investigation, if a manager is found to have subjected a subordinate to verbal abuse, Employment Tribunals have held that it is important to provide the manager with an opportunity to apologise, particularly where the language was used in the heat of the moment. Furthermore, a warning should always be considered before resorting to dismissal in order to avoid allegations of unfair dismissal.

Gross misconduct
In the most severe disciplinary cases, including the St Helens case against Ian Millward, an employer may be forced to dismiss a member of staff immediately, or almost immediately, for gross misconduct.

Employers are advised to always suspend with a view to completing a thorough investigation before dismissing, given that failure to do so again exposes employers to the risk of a claim for unfair dismissal. Given that employers are required to follow a fair procedure and demonstrate that their actions were reasonable in view of the circumstances, the absence of a thorough investigation will be viewed with concern by an Employment Tribunal.

Environmental considerations
There is no doubt that environmental considerations such as industry or sector play an important role in determining the types of behaviour which are generally accepted in the workplace.

For example, conduct which may be common place on a building site or football pitch, such as foul language and physical or verbal aggression, would be unacceptable in a different environment like an office. Even so, any employer, no matter what business they are in, must uphold acceptable levels of behaviour and discipline and bring to account those who break the rules.

The business case
Employers must therefore take steps to combat unacceptable behaviour by implementing effective leadership training and providing accessible forms of support and advice for all employees if they are to attract and retain a committed workforce. A negative approach to management can have a destructive impact on morale, loyalty, employee health and profit which businesses simply cannot afford to ignore.