How employers can reduce the risk of workplace 'banter' becoming bullying or harassment

“It’s a rare employee who enjoys working in a sterile, silent environment. A friendly atmosphere with humorous teasing and jokes - often referred to as 'banter' - is an integral part of UK workplace life.

“There can be a fine line between banter and bullying or harassment. Almost all employees know that to make a joke about, for example, somebody’s race or disability is unacceptable. They might not know, however, that Employment Tribunals have ruled that teasing someone about their accent has led to a successful harassment claim in the Employment Tribunal.

“‘Everyone else thought it was funny’ or ‘I didn’t mean it’ offer no defence to a harassment claim. Where exactly banter crosses the line into harassment is judged from the victim of the joke’s point of view, not the joke-maker’s.

“Employers can and should: 

• Ensure they have effective policies in place covering equal opportunities, bullying, and harassment. 
• Provide training on the policies so staff understand the difference between banter and harassment, as well as the consequences of unchecked banter.
• Make employees fully aware of protected characteristics, such as sex, race, and disability.
• Ensure that employees know what to do if they have overheard inappropriate banter or are the subject of it, including who they can talk to.
• Ensure that, if staff do raise a concern, they can be confident that it will be taken seriously and acted upon swiftly and proportionately. Often employees simply want the inappropriate banter to stop and don’t want to make formal litigation claims over it.
• Remind staff of the standards expected of them ahead of events where ‘normal office behaviour’ may be slacker e.g. an email before a Christmas party where alcohol might be served.
• Consider your own company culture and set the standards expected from the top down. Are senior managers engaging in inappropriate banter? Do staff feel valued and respected? Set the standards expected from the top down.

“If staff know the standards that are expected of them and what is acceptable and unacceptable banter, this will, whilst not removing the risk entirely for employers, certainly reduce the possibility of legal claims and ensure that staff know the difference between friendly banter and bullying and/or harassment.”

An extract of Susan's comments was published in People Management, 21 February 2025, and can be found here.