This article was first published in Lexology Pro.
Offensive language in the workplace can culminate with legal trouble for some employers. In 2024,57 employment tribunal cases were linked to workplace “banter,” often involving discrimination or bullying,
according to research by Littler.
“As a first line of defence, businesses should have policies to guide their teams about what is, and isn’t, acceptable language and behaviour in the workplace,” says Phillip Cameron, partner at Littler.
“If such incidents do occur, acting quickly, consistently, and fairly is important. Employers should follow their disciplinary procedure and consider if any other policies have been breached. Avoid knee-jerk reactions and take the time to gather the relevant information, interview the people involved, and establish the facts. This will help ensure any disciplinary sanction (up to dismissal) can be legally justified,” says Littler’s Cameron.
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