Banter can be a controversial subject. To some, it is simply light-hearted teasing that a team can bond over. Yet to others, it can be interpreted as being a hallmark of a hostile workplace culture where bullying is rife.
Interpreting which actions cross the line and which do not is a tightrope, and your employer needs to tread carefully to ensure workers are protected from unacceptable behaviour.
Samantha Randall, an Associate Solicitor with Palmers, who specialises in employment law, said: “Workplace harassment is defined as: “unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.
“The problem is that one person’s “banter” can easily be another person’s “harassment”.
“The biggest employment law risk is when things touch on protected characteristics under the Equality Act.”
According to the Equality Act, the following characteristics are protected by law:
- Age
- Gender reassignment
- Being married or in a civil partnership
- Being pregnant or on maternity leave
- Disabilities
- Race including colour, nationality, ethnic or national origin
- Religion or belief
- Sex
- Sexual orientation.
Samantha added: “The widespread use of technology and social media means that the risks of workplace harassment are compounded, due to increased communication between employees outside the workplace, whether by way of video calls when working from home, or through text messages or instant messaging apps.
“Your employer should have in place a clear bullying and harassment policy so if you feel you are the subject of bullying or harassment, in the first instance you should raise the matter with your employer. Where the matter persists and, particularly if the bullying is in relation to a protected characteristic under the Equality Act, the law is on your side so you should seek legal advice at the earliest opportunity.”
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