Employers have been cautioned that unchecked workplace banter, which blurs the line between fun and harassment, is leading to legal disputes and financial repercussions.
Research conducted by the specialist employment law firm, GQ|Littler, reveals that 57 claims related to excessive “banter” were reviewed by employment tribunal appeal panels last year—an average of more than one per week.
These cases typically involve situations where workplace ‘banter’ crosses the line, causing an employee to feel unlawfully discriminated against. This can include instances where workplace “jokes” carry racist, sexist, or homophobic undertones.
Such claims in employment tribunals can be particularly damaging to businesses, not only from a reputational standpoint but also because compensation for discrimination and harassment cases is uncapped. Recent examples of workplace “banter” resulting in tribunal claims include:
- An employee who faced alleged sexual harassment, described as ‘banter,’ when a colleague put his arm around the claimant’s neck and requested a kiss.
- A female employee who allegedly made crude jokes towards a colleague, claiming she “found brown men attractive,” referring to him as “babe,” and asking if she could be his “second/work wife,” which made him deeply uncomfortable, offended, and embarrassed.
- Two employees engaged in persistent ‘banter,’ allegedly calling each other ‘fat’ and ‘bald,’ which escalated to insulting each other’s partners. The tribunal examined the employer’s alleged failure to intervene and prevent the escalation of this behaviour.
Best Practices for HR to Prevent ‘Banter’ from Going Too Far
Dónall Breen, Senior Associate of GQ|Littler, commented: “What’s often surprising about these cases is how initially harmless or jovial situations have escalated due to a lack of management intervention when it became clear that lines were being crossed.”
“Nobody wants to suppress joking at work; it’s a vital part of the workplace. However, it’s often too easy to dismiss increasingly problematic behaviour as ‘banter’ when, in reality, someone needs to step in and put a stop to conversations or actions that have gone too far.
Employees need to understand where that line is, and employers must ensure that it is respected. As a simple test, if you would feel embarrassed explaining what was said or done to your grandmother, it’s not appropriate for the workplace.”
“Employers can be held vicariously liable for offensive remarks made by employees—even outside of normal work hours or on messaging apps. With remote work and new communication methods blurring traditional boundaries, businesses must implement clear policies and training to prevent issues before they escalate.”
Under the new Workers Protection (Amendment of Equality Act 2010) Act 2023, all employers will be required to take “reasonable steps” to proactively prevent sexual harassment in the workplace.
How HR Should Manage Banter in the Workplace
While workplace banter is often used to build camaraderie, it can quickly cross the line into exclusion or harassment, especially when comments are not received as intended, as shown in this case.
The CIPD highlights that “banter” can become particularly problematic when it offends colleagues, creating a hostile or uncomfortable environment. They recommend implementing policies that define acceptable behaviour, offer guidance on respecting individual boundaries, and provide training to help employees distinguish between positive interactions and potentially harmful banter.
Creating a Culture of Respect
The CIPD advises that HR leaders should foster a culture of open communication, where employees feel comfortable addressing concerns about inappropriate behaviour, including banter. Policies should empower employees to voice discomfort, supported by a fair process for handling complaints. Line managers play a crucial role here, as they are often the first to observe or address concerns related to behaviour. Therefore, training for managers on managing inappropriate language is essential.
Promoting Inclusivity and Awareness
Ongoing training on equality, diversity, and inclusion can reinforce the importance of respectful communication, helping to prevent misunderstandings and workplace conflict. By embedding these values in everyday interactions, organisations encourage employees to consider the impact of their words and create an environment where everyone feels respected.
