How to keep office banter friendly - and save yourself from a £10,000 compensation payout

Thursday 27 August 2015

You won’t see the funny side of sexist jokes and office banter if you’re forced to pay up to £10,000 compensation when new protection against discrimination comes into force next week.

Both bosses and employees are being urged to get up to speed with the changes to the law that gives new protection to people against discrimination on the grounds of sex, sexual orientation, gender reassignment, pregnancy and maternity.

From Tuesday it will be illegal for businesses to discriminate against their own staff or customers over their gender or sexuality, or if they're pregnant or on maternity.

Here’s a few tips from the Citizen’s Advice Bureau to help you get your head round the changes:

• "You shouldn’t label people based on their race, sex or sexual orientation – why not ask them how they would like to describe themselves instead?"

• "Avoid intrusive questions about your clients and customers’ personal lives."

• "If someone complains to you about discrimination in your organisation treat their complaint with respect and don’t hold their complaints against them. Employees and volunteers shouldn’t be victimised for making allegations of discrimination."

• "You may have to produce documents in more than one language so that those who speak a different language aren’t disadvantaged."

Social Security Minister Susie Pinel said bosses need to be aware of the changes, and make sure that their staff understand the rules.

She said: “This legal protection applies no matter whether you are in the workplace, at school or in a restaurant or a shop. We all need to be aware of our behaviour and employers need to make sure that their policies comply with the new law.”

Earlier this month, Law At Work ran a free online clinic so that people could understand more about the latest update to the law and next month the States are sending out fliers to 2,500 bosses in the Island to remind them of the changes.

The team were asked how worried employers should be about office banter and advised that they should be "very worried" if the banter is offensive because they could face paying up to £10,000 in compensation - or £5,000 for injuring that person’s feelings.

They said several instances of offensive banter could see those costs escalating.

But they say a bit of friendly banter in the office is fine as long as it’s not offensive and doesn’t relate to say someone’s race or sex and is actually a useful part of work culture, especially if work is stressful or monotonous.

New family friendly rights are also being introduced giving employees the right to paid time off work for antenatal appointments, maternity leave for up to 18 weeks with a right to return to work, parental (paternity) leave, adoption leave and the right to request flexible working.

You can find out more about your rights as a boss or an employee on the JACS website here and on the Jersey Citizen’s Advice website here.