Recent research carried out by GQ Littler shows that in 2024, workplace ‘banter’ was the cause of 57 tribunal claims. Whilst many may blame this on the snowflake generation and argue that people can no longer say anything without fear of offending someone, it is clear that there is a fine line between bullying and banter and the consequences of crossing this line can be significant.
What constitutes ‘banter’?
Banter is often described as ‘friendly’, ‘teasing’ and ‘light-hearted’ and some argue it plays an important part in building rapport amongst colleagues and creating a relaxed and sociable workplace. Nobody wants to work in a sterile environment and sit in silence all day, and so having a joke with colleagues can be a key part of enjoying work.
The issue is that the word ‘banter’ can often be used to justify what is actually inappropriate behaviour, by making something seem like a joke that would otherwise be unacceptable. It is therefore important that the line between banter and bullying is understood and that the latter is not tolerated. Context matters and it is important to keep in mind that what may be funny to one colleague, may be offensive and upsetting to another.
Essentially, office jokes need to be appropriate and inclusive, and they should not make an individual or group of individuals feel isolated. Even if the person making the joke thinks its ok, if the joke offends another person or group, or if they find it intimidating, humiliating or it violates their dignity, then it could amount to unlawful harassment.
Whilst it can be difficult to determine what the line is, the most common culprits are jokes that are racist, sexist or homophobic in nature or anything that only a specific person would find funny.
Consequences of workplace ‘banter’ crossing the line
If workplace banter crosses the line into bullying or harassment there can be serious consequences for an organisation. At the very least, it can lead to a toxic work environment with a high turnover of employees. At worst, it can lead to claims being brought against the employer in the Employment Tribunal. Such claims can significantly damage an organisation’s reputation and be extremely costly to defend.
There are plenty of examples in the media of cases where workplace ‘banter’ has gone too far and has had far-reaching consequences. Some examples are included below:
- Nina Chung, who was a former employee of an investment business, was awarded £51,000 in compensation as her male colleagues had used derogatory language such as calling female employees ‘birds’ and boasting about their sexual conquests. They had also asked her if she planned to get pregnant and, on another occasion, she was locked out of the company’s office.
- Nikolaz Papashvili, a male teaching assistant, was awarded over £9,000 as he had been sexually harassed by the female head teacher, who had made comments about his “fit body and his Speedos,” signed off emails with kisses and said she wanted to meet his parents.
- Anthony Oguntokun and Fathia Omar, two sales advisers who worked in the car industry, won their case for racial harassment. Mr Oguntokun had been referred to as a “black bastard” by his manager, Matthew Worsley, who had also used the phrase “your lot,” when asking him to serve customers who shared Mr Oguntokun’s race. Mr Worsley had referred to Ms Omar as a “Somali pirate,” and had sprayed air freshener on her whilst commenting on a “Somali smell.” An investigation was carried out by the company, but this investigation concluded that the comments were just ‘banter’. The tribunal said this was racial harassment.
Employers: what to do to prevent bullying and harassment at work
As an employer, it is important to ensure that you are creating an inclusive culture for your employees that is free from bullying and harassment. We would therefore recommend that you:
- Ensure you provide training to all workers and have up to date policies in place to ensure appropriate behaviour at work. This could include, but is not limited to, policies on bullying and harassment, sexual harassment and equal opportunities.
- Establish appropriate channels to enable employees to report any concerns they have about the way they or others are being treated and ensure they are not victimised for doing so.
- If a complaint is raised, deal with it swiftly and appropriately, whether that means conducting an investigation, disciplinary action or dealing with the situation informally.
- Take a consistent approach to dealing with complaints and the disciplinary sanctions for specific types of conduct.