Offensive Language: Does it Constitute Sex-related Harassment?

The recent Employment Tribunal case of Metling v Knight IT Group Ltd [2025] gives a strong reminder to employers about the use of offensive language in the workplace and the potential implications for claims. This article will run through the facts of the case before providing some practical advice on how to best mitigate against future claims.

Facts

Ms Metling was employed by Knight IT for around 5-months. Knight IT was a small start-up by all accounts, with only 3 employees including Ms Metling, Stuart Kenny (SK), the Managing Director, and Jason Bridges (JB) the Sales Director. Ms Metling had taken over the role from a previous employee given the acronym “GN”. After her probation period had ended, Knight proposed extending the probation period for another month as Ms Metling had not performed to their expectations and had also been on leave for significant periods of the probation. Ms Metling also stated she needed further training. There was an argument about extending the probation period and Knight dismissed Ms Metling, after which she brought a wide-ranging Employment Tribunal claim including a claim for sex-related harassment under the Equality Act 2010.

Ms Metling’s boss, SK, described her predecessor GN as “stupid” and a “b*tch” (amongst other swearwords) when he came across mistakes that GN had made before her dismissal. Of course, GN was no longer an employee by this stage but Ms Metling still found this language offensive and misogynistic. The other manager (JB) had asked a temporary employee who had decorated nails ‘how she used the bathroom’, which was a comment made in the presence of Ms Metling. SK also asked Ms Metling whether ‘Botox had affected her brain’ after she asked what he perceived to be a stupid question.

Unsurprisingly one might think, this conduct from employees at Knight was found to constitute sex-related harassment. To qualify as sex-related harassment, it had to be unwanted conduct related to sex which has the purpose or effect of either violating Ms Metling’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. Now, when it comes to the direct comments made to Ms Metling this is hardly surprising as the comments clearly created a hostile and offensive environment and are perceivably related to her sex as a woman. The more surprisingly part of this case, we perceive for employers, will be the fact that comments not aimed at Ms Metling were part of her successful claim.

Practical Tips/ Advice

The use of offensive language is a problem that employers have been dealing with for decades, it is by no means a new problem. In the motor industry it can be more prevalent in certain areas of businesses than others, especially non-customer facing roles where employees feel they can get away with more without risking reputational harm with clients overhearing. However, the key starting point is a clear policy on the behaviour expected at work or a code of conduct which explicitly sets out that offensive language will not be tolerated. It should be made clear that even comments made out of earshot of an individual or made more generally which are offensive can offend those within earshot. It is unlikely non-direct comments would make up the sole grounds of a claim but employers should still be vigilant for such behaviour and bring appropriate and proportionate disciplinary action if necessary.

In Ms Metling’s case, Knight simply denied the claims in their defence document and did not attend the Tribunal as they had gone into liquidation by that point. Employers who intend to properly defend claims like Ms Metling’s need to undertake a reasonable investigation including doing investigation interviews with witnesses and collating any documentary evidence relevant to the complaint. That will provide the best possible footing for defending a claim, no matter the claim made.

As always, this advice is general in nature and will need to be tailored to any one situation. As a MILS member you have access to the MILS Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.