The ‘bantering’ of employees in the workplace continues to be a problem for employers. Last year, 57 employment tribunal cases were filed on this topic.
GQ Littler conducted research that found bullying and discrimination were two of the most common allegations from disgruntled employees who filed legal actions against their employers.
A leading employment law firm has warned that workplace banter can blur the line between harassment and fun.
The cases that were reported, which totaled more than one per a week, included “jokes” with racists, sexists or homophobic components.
A female colleague who finds “brown men appealing” allegedly made crude jokes about him. She called him “babe”, and asked to become his “second/work spouse”.
In another instance, two employees engaged in constant “banter”, reportedly calling one another ‘fat’ or ‘bald’ before insulting their partners.
GQ Littler reports that tribunals have considered the employers’ failure to take action to prevent this behaviour from escalating at work.
The report highlighted that these types of claims can be damaging to an organisation’s image and also extremely expensive, particularly as compensation for discrimination or harassment cases is uncapped.
Donall Breen is a senior associate at GQ Littler. He said that it’s surprising how these situations, which started out innocently or with a sense of humor, have escalated due to the lack of management intervention when it was clear that lines had been crossed.
No one wants to stop joking at work. It’s a part of working life. It’s easy to blame increasingly inappropriate behaviour on ‘banter,’ but in reality someone must step in to stop the conversation or conduct that is out of line.
Employers must respect this line and employees need to be aware of it. If you’d be embarrassed to tell your grandmother about what was said or did, then it is not appropriate in the workplace.
Breen said that some people may misunderstand the US pushback against DEI as an excuse to use offensive language. However, employers should be aware of this.
He said that as an employer you are responsible for the workplace and must set rules. “An environment where employees feel respected and safe is not just good practice, it’s also good business.” Ignoring this issue can lead to costly legal claims and compensation payments, as well as lasting reputational damage.
GQ Littler explained how employers could be held vicariously responsible for offensive remarks made on messaging apps or outside of normal working hours. The report added that employers must have policies and training to prevent problems before they escalate, as remote working and new communication methods are blurring the traditional boundaries.
According to the new Worker Protection Act 2023 all employers have the duty to take “reasonable measures” to prevent sexual harassing of their employees during their employment.
Breen said, “There’s no doubt that dealing with problematic workplace banter of a sexual nature will fall under this duty”.
Subscribe to our weekly HR news and guidance
Every Wednesday, receive the Personnel Today Direct newsletter.
Personnel Today offers HR jobs in the legal sector
Browse HR jobs in the legal sector
