It's Only a Bit of Banter - Where's your sense of humour?
Workplace Banter is common between colleagues, and while it certainly helps to create a lively and enjoyable environment, what happens when that one harmless joke, isn’t seen as harmless on the receiving end?
The line between playful jesting and unlawful behaviour
is tenuous at best, and it is therefore crucial
to understand the complexity of the issue
Defining Boundaries
Harassment is defined under the Equality Act 2010 as unwanted conduct relating to a protected characteristic (such as race, age, gender or disability), that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This definition is extremely broad, and it encompasses actions that may be considered innocuous by some, but offensive by others.
What can I not joke about in the workplace?
There are plenty of examples where, common terminology that are used on the day-to-day, turn out to be considered harassment in the Employment setting.
Case Examples of Direct Discrimination/Harassment in the Workplace
In the case of Lacatus v Barclays, while this was a direct discrimination case (but it could have very well been brought under harassment too), the Claimant (who is a female) was called a ‘bird’ by a male colleague. The Employment Tribunal found that the term, in this context, was derogatory and sexist, even though the male colleague did not intend for it to be so.
Even if an employee has been putting-up with conduct for a significant period of time, and even participate in it on occasion, this does not mean that the conduct wasn’t unwanted. This is exactly what happened in the case of Munchkins Restaurant Ltd v Karmazyn, where the Claimant had put up with harassment comments for years, and the Employment Tribunal found that this still amounted to harassment.
What can I do to manage banter in my workplace, as an Employer?
Employers will be held liable for any harassment of their staff if it has occurred in the course of Employment (and yes, this includes Christmas Parties!). As an employer, it is possible to defend an harassment claim, provided that you have taken all “reasonable steps” to prevent such conduct.
Be sure to keep up to date policies, hold training with staff members and make the procedure to report such instances clear for victims of harassment.
And please remember, there is no defence of “it was only a joke”!
Employment Law advice from Lawson-West Solicitors
Whether you are an employee or employer and have any concerns relating to any of the issues raised in this article, our employment team is more than willing to help and can allay any fears you may have in connection to this topic or anything else relating to employment law.
It is important for individuals to remember you only have three months from the date of dismissal to make a claim.
Our employment team can discuss the individual circumstances surrounding your case and advise you on the best actions to take.
The team offers employment drop-in appointments throughout the week. With offices in Market Harborough, Leicester and Wigston, you can arrange an appointment at a location to suit you. Simply call 0116 212 1000 or complete our online Contact Us Form today.
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