Following a recent tribunal decision, People Management explores how employers can best respond and help repair relationships
25 August 2026
Many employees make critical remarks about their bosses out of earshot, particularly if they are stressed or overworked. But this behaviour takes on considerably greater significance if they do so loudly and near their workplace – and their manager overhears them.
This issue was uncovered at a recent tribunal hearing, in which an employee was overheard making “unflattering” comments about their manager at Associated British Ports (ABP).
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A final written warning for gross misconduct was issued, but conversations around dismissal later arose, as the company felt the relationship had “broken down beyond repair”.
The employee in question later resigned, and the tribunal ruled that it amounted to constructive unfair dismissal.
A spokesperson for ABP told People Management that the case highlighted a number of “potentially important points”, and explained that the manager in question “considered a number of ‘reasonable choice’ scenarios for responding to the claimant’s behaviour, including the path of escalating the matter to more senior management and HR”.
They added: “ABP is committed to being an employer where everyone...
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