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The grey area between office banter and bullying or harassment is a nettle that employers should be considering grasping, as a recent ruling by the Jersey Employment and Discrimination Tribunal [147/2016] made abundantly clear.
In 2014 anti-discrimination regulations were introduced in Jersey to protect individuals with regards to race, then in 2015 the law was extended to include sex and related characteristics, and again in 2016 to include age.
This means that what may, in the past, have been considered run-of-the-mill office antics could now amount to a hefty fine, both for the individuals and the company concerned. With the first case of its kind in the Island involving a compensation order for ‘hurt and distress’ just weeks ago, employers need to take note.
‘Banter’ is described as ‘the playful and friendly exchange of teasing remarks; conversation that is funny and not serious; and talking to someone in a friendly and humorous way’. However, the use of banter in the workplace can sometimes be a means to mask what is actually inappropriate behaviour that constitutes bullying or harassment, or, where it relates to race, sex or age, discrimination.
No employer wants to create a sterile working environment, lacking in any humour or enjoyment. However, ensuring dignity in the workplace involves employees being sensitive to how their comments can be interpreted or misinterpreted, and the problems that can arise when the invisible line of what is acceptable is crossed. It is certainly not ‘political correctness gone mad’ to expect colleagues to treat each other with respect.
Law At Work – Jersey’s leading human resources, employee relations and health and safety specialist – is offering a free online clinic on Wednesday 5 October how to manage banter within the work environment.
Kelly Flageul, LAW’s Managing Director, said: “What is one person’s light hearted and humorous gag can be another’s offensive and unacceptable harassment, and where it is unwanted conduct, which has the purpose or effect of creating a hostile, degrading or humiliating environment, it can be discrimination, too. It is important that employers take the time to review practices, communicate expected standards of conduct to employees, and, if necessary, update and supplement existing employee policies to make sure they cover the business for every eventuality. We feel that by offering this free online clinic, we can help employers assess the impact to their business of banter and be prepared to deal with it appropriately.”
If you have any concerns about how to deal with banter in workplace, then join in the discussion. The online clinic will be held between 12 pm and 1 pm on Wednesday 5 October. Anyone can pose a question using the hashtag #asklaw, either on Facebook (www.facebook.com/lawatworkci), Twitter (www.twitter.com/lawatworkci) or Linkedin (search Law At Work Channel Islands). Alternatively they can ask a question in advance by emailing enquiry@lawatworkci.com, and the answer will be posted during the session.
