Banter in the workplace: How a ‘bit of fun’ could result in a claim

Did you hear the one about the…?

Just kidding.

In this article, we will look at banter.

Banter can be defined as 'the playful and friendly exchange of teasing remarks’ or ‘friendly remarks and jokes’.

There is a line of argument that banter, when defined and displayed like this, can be harmless, jovial and help colleagues connect and create a sense of camaraderie. For example, the author of this article doesn’t mind a little bit of banter and welcomes some well-meaning ribbing but therein lies the issue. When does banter become something else?

The difficulty is that there is no measuring stick against which ‘banter’ can be reviewed. What one individual thinks is funny, another may consider overstepping the mark. Additionally, there is no need for the individual making the comments to have any malicious intent behind their words or actions.

Consequently, banter has the very real potential of becoming something very serious and sinister. It may either deliberately or inadvertently become bullying, discrimination and/or harassment, sometimes even in circumstances where the individual making this assertion joined in with the ‘banter’.

This is a serious issue for employers as the number of cases including the word “banter” increased 44% between 2020 and 2021, according to a report from the Financial Times.

The risk posed then is that banter in the office transmutes to a claim for discrimination or harassment, both of which are covered under the Equality Act 2010.

Unlike other claims, these have no cap for compensation and so there may be serious financial implications for employers for the actions of their workforce. For example, in a recent case, an employer was unable to justify the jokes made against a 69-year-old plumber. Bosses had apparently dubbed him ‘half-dead Dave’ because of his age. He was awarded £25,000.

The risks posed do not just end at the tribunal or court. With the pervasive nature of social media, the issue can quickly become ‘viral’ resulting in far-reaching reputational damage.

It is difficult to gauge when jests and levity stop and bullying, discrimination and/or harassment occur because everyone is different. Some examples are clear-cut but many are not.

what can you, as An employer, do about this?

1. Have clear policies in place that set out the standards expected from your workforce and the consequences if they fail to meet those expectations.
2. Have clear policies on equality, diversity, anti-harassment and bullying.
3. Ensure that all your workforce undergo some form of equality and diversity training. We find that it always helps to hammer home that if a claim is brought for discrimination/harassment, the accused discriminator could be personally liable.
4. Ensure that complaints regarding ‘banter’, bullying, discrimination and/or harassment are dealt with thoroughly, fairly and sympathetically.

For further assistance with any of the information in this article, please do not hesitate to contact the Bridge Employment Law team on 01904 949008, or email us at enquires@bridgeehr.co.uk.