This case provides clear and practical guidance for any employer faced with employee misconduct:
<ul>
 	<li><strong>De-escalate: </strong>A manager’s primary role in a tense situation is to de-escalate. Instant, emotional decisions are usually a recipe for a legal dispute.</li>
 	<li><strong>Know and Follow Your Policies:</strong> Your disciplinary procedure is your most important tool. Know where it’s located and use it consistently and fairly. It exists to ensure decisions are made objectively and fairly.</li>
 	<li><strong>Document everything: </strong>Take a note of what happened and when. Contemporaneous notes are always helpful pieces of evidence to have.</li>
 	<li><strong>Act Fairly:</strong> Always consider if the sanction is proportionate. Was it a momentary lapse of judgement or a serious act of misconduct? Does the employee have a clean record? Dismissal should always be considered a last resort. A warning for a first offence like this is often a more appropriate response than dismissal.</li>
</ul>
In summary, the <em>Herbert</em> case is not truly about whether it is ever acceptable to insult your employer. Instead, it showcases the non-negotiable requirement for employers to act fairly and follow a proper procedure, even when faced with challenging employee behaviour.This case provides clear and practical guidance for any employer faced with employee misconduct:
<ul>
 	<li><strong>De-escalate: </strong>A manager’s primary role in a tense situation is to de-escalate. Instant, emotional decisions are usually a recipe for a legal dispute.</li>
 	<li><strong>Know and Follow Your Policies:</strong> Your disciplinary procedure is your most important tool. Know where it’s located and use it consistently and fairly. It exists to ensure decisions are made objectively and fairly.</li>
 	<li><strong>Document everything: </strong>Take a note of what happened and when. Contemporaneous notes are always helpful pieces of evidence to have.</li>
 	<li><strong>Act Fairly:</strong> Always consider if the sanction is proportionate. Was it a momentary lapse of judgement or a serious act of misconduct? Does the employee have a clean record? Dismissal should always be considered a last resort. A warning for a first offence like this is often a more appropriate response than dismissal.</li>
</ul>
In summary, the <em>Herbert</em> case is not truly about whether it is ever acceptable to insult your employer. Instead, it showcases the non-negotiable requirement for employers to act fairly and follow a proper procedure, even when faced with challenging employee behaviour.