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Wales Online
Wales Online
National
Neil Shaw

How to avoid employment tribunal as 66 claims over 'banter' heard in a year

Scores of claims relating to “banter” in the workplace were heard in employment tribunals last year, according to new research.

There were 66 claims, including some where comments considered as banter could be classified as bullying or harassment, said employment law firm, GQ|Littler.

Examples included an employee looking for someone to clean their house who suggested an Eastern European colleague do the job “as he knew they would be able to do that kind of job and do it properly”.

Employers are being urged to ensure that humour does not cross the line as they may be liable for harassment that occurs outside the workplace or working hours; for example, comments made on private messaging platforms.

Lisa Coleman, senior associate at GQ|Littler, said: “Whilst humour in the workplace should be encouraged, employers should be taking active steps to foster a respectful and inclusive environment with clear boundaries.

“It is often the case that what one person finds funny another might find offensive.

“However, to try and stay on the right side of the line, people should be mindful to keep jokes to those they are comfortable repeating and explaining if questioned about them, and avoid those which cross into offensive territory, especially those which relate to protected characteristics.”

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