Solicitor’s Journal, HR Magazine, Personnel Today and People Management.
According to research by leading employment law firm Littler UK, workplace ‘banter’ remains a significant legal issue for businesses, with 57 employment tribunal claims last year related to inappropriate workplace jokes.
Dónall Breen, says workplace banter can quickly spiral into legal trouble if management fails to intervene. “What’s often surprising about these cases is how initially harmless or jovial situations have gotten out of hand due to lack of intervention by management when it became clear lines were being crossed.”
He warns that while joking around is an essential part of workplace culture, employers must step in when behaviour crosses the line. “Employees need to know where that line is and employers must ensure it’s respected. As an acid test, if you would be embarrassed telling your grandmother what was said or done, it’s not appropriate for the workplace.”
He also warns of potential repercussions from cultural shifts, noting that recent backlash against IE&D initiatives in the US could embolden some employees to use more offensive language. “Employers will need to watch out for that. As an employer, as long as you remain liable for what happens in your workplace, you need to set the rules.”
Recent and upcoming legal changes will further increase employers’ responsibilities. Under the Workers Protection (Amendment of Equality Act 2010) Act 2023, all employers must now take proactive “reasonable steps” to prevent sexual harassment at work. Dónall emphasises that tackling inappropriate banter of a sexual nature will fall under this new duty, making it even more important for employers to act quickly when issues arise.
