In 2024, employment tribunals heard 57 complaints about workplace banter.
A male Asian employee felt uncomfortable after a female colleague called him “babe” and made “crude jokes”. The majority of banter tribunals were based on allegations of sexist, homophobic, or racist discrimination.
The nature of humour and the impact on others is a very complex issue. To be able to consider comments made at work as banter, and not cause offence, the employer must show that either the conduct did not offend the victim, or could not have offended them reasonably, or that it was not related to any protected characteristics (like race, ethnicity, sexual orientation, or gender) or that the victim joined in on the “joke”. The question for HR is how to implement the policy. There are risks in reputation as well as costs, when compensation for discrimination claims can be uncapped. You could give guidance on what is appropriate banter, and what is not. Or you can monitor conversations to try and pick up on problems and prevent them.
Employment lawyers have highlighted the liability: employers are liable for offensive remarks made by their employees, even if they work remotely, via messaging apps or outside of normal working hours. The new Worker Protection Act, which requires employers to take “reasonable measures” to prevent sexual harassing their employees by taking proactive steps to do so, adds an additional level of scrutiny.
Workplace chats, jokes, good-natured wind ups, and innocent flirtations can all contribute to the enjoyment of work for many people. They are also a way of establishing and maintaining good working relationships, which leads to a feeling of belonging and engagement. By its very nature, any guide to appropriate banter is unlikely to be able to gain much authority or credibility, and may only serve as a source of complaints and banter.
The banter dilemma: Do you clamp down on it or not? What does this say about your perception of your employees and how much you trust them? Paying more attention to the workplace culture is the best way to deal with these issues. When there is a culture of openness, good people skills and good judgment, issues about who can say what become easier. The people just know. If they don’t know, the people around them make sure to let them know.
The best answer from HR would be:
- Looking at the strategic level, they should be looking at how to create a culture that encourages better conversations. They can do this by encouraging more honesty and more conversations about power and inequality. In other words, make constructive criticism a healthy and normal part of workplace culture. HR needs to consider whether the systems and approaches they use are fair and just. Do they inspire confidence in a victim to speak up? ;
- Encourage leaders to show the skills and behaviors that employees expect. It’s too often that senior managers and teams are only given development when there is a problem — such as a report of low engagement, or bullying. Some managers are born with the skills to handle conflict in a constructive way and maintain their values, while others require support.
- Management programmes are being reviewed, and they will include conversation skills to help keep values at heart of all work interactions, relationships, and to have positive, constructive conversations in any situation. This results in more productive, self-managing and engaged teams.
- All employees should be trained to improve their communication skills, deal with difficult situations and be ready to challenge when needed. They must also be taught to resist perceived bullying or inappropriate “banter”, not to start disputes, but to be able raise issues on their own. Employees are held accountable for their actions and can live the values of the organization in real life every day. They will also feel and see how relevant they are. In practice, there is also an equality of opportunity, where everyone has the chance to use their abilities, and not be subjected to them.
Paul O’Donnell is the Managing Director of workplace relations specialist CMP.
The original version of this article What HR can do about banter? appeared first on Human Resources News.
