It’s crucial for employers to understand the legal ramifications of these “heat of the moment” incidents, which may lead to formal internal action, or where employees resign under emotional distress.
In challenging times, such as following a bereavement or during anniversaries of a loved one’s death, employees may become more vulnerable to emotional responses or outbursts. When these responses lead to conflict at work, employers might be tempted to take immediate action, potentially culminating in dismissal. The temptation, when faced with such conduct, may be to dismiss “on the spot”.
However, dismissals due to momentary lapses of judgment or “out of character” behaviour may not always hold up if challenged by the employee in an employment tribunal, especially if there is evidence that an employee’s reaction was influenced by heightened emotional strain. Recognising the influence of grief or personal challenges is becoming an essential aspect of assessing the overall fairness of an employer’s actions.
Employers must also take care if an employee resigns in the “heat of the moment” while in an emotional state.
Employment tribunals often scrutinise the context of a resignation to determine whether it was genuinely intended. In the 2023 case of Omar v. Epping Forest District Citizens Advice, the Employment Appeal Tribunal (EAT) ruled that Omar’s heated resignation should not be taken at face value. Omar, dealing with external stresses while caring for a parent with dementia, had expressed resignation in anger on several occasions. He later tried to retract it, stating that it was a heat-of-the-moment reaction.
A tribunal initially ruled against him, but the EAT overturned that decision and ordered that a fresh tribunal consider the matter, emphasizing that words spoken impulsively do not always constitute a definitive resignation. This case acts as a warning for any employer faced with an apparent resignation from an emotional employee.
Data shows that a notable percentage of dismissals for an employee’s “heat-of-the-moment” behaviour are overturned upon appeal and failing that, the litigation risk increases. This reflects a recognition that impulsive and “out of character” behaviour in a highly charged emotional situation often won’t meet the reasonableness test justifying dismissal.
In cases where employees successfully argue that they acted out of intense, immediate emotion, employers may be found to have acted prematurely if they dismissed without a cooling-off period, full consideration of the circumstances, and an adequate investigation.
Best practice in employment law might reflect that employers consider a “cooling-off” period after an altercation, especially if the behaviour seems out of character for the employee. For example, if I were advising, I would suggest that employers give employees the opportunity to retract impulsive statements. If an employer does not allow an employee time to clarify or retract their words, they risk an unfair dismissal claim, which may result in costly settlements or awards and reputational damage together with poor working relations. In a straight forward way, taking time to reflect now and avoid acting impulsively – could save face, money, time and energy later.
In cases of heat-of-the-moment incidents, employers should consider several steps to ensure they handle these situations fairly:
Conduct Thorough Investigations: Before proceeding with disciplinary action, conduct a full investigation into the incident and any contributing factors, such as an employee’s personal challenges. Engage in compassionate listening.
Consider Objective Circumstances: Review the behaviour objectively and assess whether it was an uncharacteristic reaction due to situational stress, especially if the employee is experiencing personal hardship or grief.
Implement a Cooling-Off Period: Allow a “cooling-off” period where possible, giving employees a chance to clarify or retract impulsive statements.
Communicate Clearly and Consistently: Ensure open channels of communication, allowing employees to express challenges they may be facing and seek support if needed.
As mental health awareness grows, employment tribunals are increasingly considering emotional strain and personal loss as factors that might contribute to heated workplace incidents. Employers are encouraged to create policies that address these issues sensitively.
Providing mental health support and resources can help reduce the likelihood of impulsive incidents and support employees in managing grief or stress proactively.
The complex nature of heat-of-the-moment workplace incidents highlights the need for a balanced, thoughtful approach from employers and a clear understanding of employee rights.
When emotions run high, particularly in contexts involving grief, relationship breakdown, family illness, or personal anniversaries, employers should prioritise communication and procedural fairness to protect both employee well-being and organisational integrity. Employers should not over-react to an out-of-character outburst.
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