Woman sacked 'for being annoying' and 'eating loudly' in open office

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A woman has been fired for
A woman has been fired for 'being annoying' (stock image) (Image: Getty Images/iStockphoto)

People who work in an office will know that it can make your working life so much more bearable if you like your colleagues. Many of us will spend more time at work than with their friends and family, so it's crucial to at least find them tolerable.

Even so, being annoying isn't a crime, so you'd think that there isn't much that can be done if you don't like your colleague.

But it turns out there was a case where a woman was fired for being annoying – because her colleagues threatened to quit if she was kept in the business.

HR and Employment Law expert Judith Fiddler shared the case with her 19.5k followers, and it has now been seen by more than 856.5k people.

Judith, who works with employers and employees with their HR and employment law issues, spoke about a case she had been working on where a woman had been "sacked for being annoying".

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In the video, which was uploaded to her account @judefiller, she explained: "A HR professional has actually sacked an employee for being annoying."

Woman sacked 'for being annoying' and 'eating loudly' in open officeShe was doing things like 'eating loudly' [stock image] (Getty Images/iStockphoto)

She explained that three complaints had come in over the past 18 months about a female employee, who had worked there for five years. Judith continued: "The complaints have been things like, she was eating loudly, she was talking incessantly and she had a lack of self awareness".

The employment law expert said that "one or two of the complaints alluded to the fact that they would leave if she was still gonna be there because [she] made their work life experience into intolerable".

The company had then chosen to support the people who were threatening to leave over the person who was "allegedly being very annoying" and "a disciplinary process has evolved from there".

Many people in the comment section had strong opinions and were wondering if that was actually legal, or whether the employee could argue unfair dismissal.

In a follow-up video, Judith explained that even though it's harsh, it is legal.

She said: "The answer is an SOSR dismissal," which stands for 'some other substantial reason', "which is a catch-all provision that you’'e allowed to make a safe dismissal if every other thing has been exhausted".

"In order for this to count as fair dismissal, an employer needs evidence and proof the situation can’t be fixed, and that everything else has been given a chance."

Many commenters still felt strongly about the situation, with some calling it "bullying".

One person said: "I'd be looking at the complainers. Sounds like bullying on their part."

Lower-paid workers more likely to have quit job for health reasons, report findsLower-paid workers more likely to have quit job for health reasons, report finds

Another said: "This seems like a dreadful decision by HR, I'd suggest moving toward an unfair dismissal claim. This is an HR failure and very unfair," but Judith replied saying: "Based on what though? Process followed and evidence provided."

What do you think? Let us know in the comment section below.

Ariane Sohrabi-Shiraz

Employment rights

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