'Set the rules' | Workplace 'banter' continues to cause legal headaches for HR

Employers have been warned that unchecked workplace banter, which blurs the line between fun and harassment, is landing employers with legal rows and financial consequences.

57 claims relating to excessive “banter” were heard by employment tribunal appeal panels last year – more than one per week – shows research carried out by specialist employment law firm, GQ|Littler.

These cases are typically where workplace ‘banter’ crosses the line to the point an employee feels they have been unlawfully discriminated against. For example, where workplace “jokes” have a racist, sexist or homophobic element to them.

These kinds of claims in employment tribunals can be especially damaging to businesses, not just from a reputational point of view, but also because compensation for discrimination and harassment cases are uncapped.