This week Tiger Tim Henman had a bad day at the office. During his second round defeat at the French Open, the British tennis player received a warning from the umpire after screaming, "Fucking unbelievable".

Such language is often associated with high-pressure environments - journalists are notoriously potty-mouthed. But does that mean it should be tolerated?

A survey in April by the Aziz Corporation found that 36% of the 308 UK senior managers and directors surveyed accepted swearing as part of workplace culture. However, employers should be wary about allowing obscenities to pepper the working day.

"If swearing is discriminatory it is a complete no-no," says Brian Palmer, an employment lawyer for Charles Russell. "Employers have a duty of care towards their employees so they have a reasonable working environment. And if you are aware of swearing then you can run into difficulties. It used to be thought a few years ago that if you worked in a building site or a dealing floor swearing went with the territory. But that changed with Horkulak v Cantor Fitzgerald."

In 2003, Steven Horkulak, a City high-flyer at the broking firm Cantor Fitzgerald, won £1m in damages after bullying, including abusive language from the chief executive, drove him out of his job. Cantor Fitzgerald had argued there was a culture of robust communications and bad language and it came with the job. But the court of appeal rejected this, stating: "The frequent use of foul and abusive language did not sanitise its effect."

Swearing is increasingly off limits, even in construction. Around 3,500 building sites in the UK are signed up to the Considerate Constructors Scheme, set up by the industry in 1997 to improve its image.

"Our code of conduct specifically mentions swearing when it leaves the site," says Edward Hardy at the CCS. "We are very strict on wolf-whistling and heckling, which invariably include some form of swearing. First, we contact the specific site manager and that normally resolves most issues."

Employers need to be aware how bad language can affect some members of staff and that swear words of a sexual nature could lead to legal action. Changes to the Sex Discrimination Act last October provided a wider definition of harassment, says Ben Wilmott at the Chartered Institute of Personnel and Development.

"Employers can ensure professional language in the workplace by having a well drafted policy on bullying and harassment that emphasises how bad language can potentially amount to harassment or bullying."