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Part of the fun of going back into the office means joking around with colleagues. But new research indicates workers may need to be more careful about what they quip about in the workplace.
The number of U.K. employment court cases concerning the use of “banter” in the workplace rose 45% in the last year, according to GQ Littler, a London-based employment law firm. And the number of employment tribunals—court cases in the U.K. involving employees and employers—related to ‘banter’ went from 67 in 2020 to 97 in 2021, according to the firm.
“‘Banter’ has increasingly been invoked in employment tribunals as a justification for alleged discrimination and harassment,” the firm wrote.
What one employee thinks is banter or light-hearted teasing can be construed as bullying or harassment by another in a court of law, according to the firm, particularly when the discriminatory comments are directed at someone's age, sex, nationality, and race.
This isn't just a problem for line managers and bosses. Companies can be found vicariously liable for comments made by staff in the course of employment, even if the comments deemed inappropriate were made outside working hours, according to the law firm.
“Humour in the workplace is important — it can help boost morale and reduce stress. However, employees should be wary of making jokes that stray into offensive...
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