Workplace banter is to be expected in almost any professional space. Encouraging your staff to get along is a brilliant idea and jokes are always going to be a part of that. It’s how healthy relationships are fostered. And sometimes those jokes will be at other people’s expense – but what happens when the butt of the joke isn’t laughing? What can you do as an employer when office banter goes too far and might constitute harassment instead?
Your employee could raise harassment claims if they begin to feel upset by banter in the workplace that has become personal and offensive. An employment tribunal could begin and the whole issue might snowball if you don’t act appropriately in the first instance.
Striking the right balance between a friendly, fun environment, and one where everyone respects each other can be hard, and employers need to set clear boundaries as to what is considered acceptable behaviour, what won’t be tolerated, and the consequences of breaching the rules.
Real Business will explore the difference between an offensive environment and a fun, banter friendly environment below, and give you as a business owner the guidance you need to ensure none of your employees overstep the mark. And, importantly, what to do if someone does.
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Unacceptable Banter
Banter in the workplace is a positive thing, but only so long as the jokes being made involve everybody and everybody is comfortable with them. The second someone becomes upset, ‘just banter’ becomes a real workplace concern that you’ll need to address as an employer.
Unacceptable banter is anything that upsets another person, is offensive to an individual or group of individuals, or violates a person’s dignity.
For example:
- any joke that focuses on a protected characteristic under the equality act – jokes about a person’s civil partnership, homosexual relationships, gender reassignment, race, place of birth, age, and the like
- any joke that upsets an individual
- any joke that makes fun of a person’s religion or belief
Certain topics should never be joked about or considered banter. Inclusivity training should ideally be offered to all new starters to make clear what these topics are, what will happen if they make jokes about these topics, and how to raise concerns if they notice problems with this sort of humour.
What Is An Ideal Office Environment?
The ideal office environment is one in which people feel like they can be themselves and where their differences are respected. Companies with a positive work environment always have more success than those without. Large organisations spend considerable time designing policies around creating a positive workplace because it ultimately leads to a more successful organisation.
Employment law protects those who have been hurt when office banter has gone too far, so it’s important to know what good banter looks like.
What Is Banter?
Banter typically refers to light-hearted teasing and playful insults. It can be a healthy way of letting off steam with employees ribbing one another in good humour or making jokes with their boss without anyone getting hurt feelings.
Some people enjoy banter because it makes them feel like they’re part of the group and not excluded from conversations. Other people find that banter helps keep things light-hearted and friendly at work.
How Can Banter Create A Positive Office Environment?
Building Relationships
Many people enjoy banter with their co-workers for a number of reasons. Banter helps build relationships between co-workers that might not otherwise happen if everyone just focused on work all day.
In many cases, office banter breaks down barriers and makes employees more comfortable around each other – which can lead to better communication and teamwork among staff members.
Funny Co-Working
At its core, office banter is just a form of humour that employees use to feel more connected with one another or lighten the mood when necessary – but this can sometimes escalate into something that is no longer funny. When such concerns are raised, it’s vital you take it seriously.
In order for an office environment to be healthy, it’s important for management and staff alike to recognise what does and doesn’t qualify as “banter” so they know how far they are allowed to let things go before someone might feel uncomfortable or hurt.
What Are The Potential Negatives Of Office Banter?
Not all jokes or comments are acceptable, and sometimes they can lead to bullying or harassment in the workplace. If there are any jokes made about sex or gender identity, then those should always stay off-limits in order to avoid offending someone on either side of the issue.
There’s also no need for over-the-top teasing between co-workers. Just because employees are allowed some leeway with their co-workers doesn’t mean the entire office culture needs to be built around banter. Using good judgement when engaging in playful banter will help ensure that everyone has fun while at work without anyone feeling uncomfortable as a result.
When banter goes wrong, it can have a negative impact on the whole office. Sometimes one person’s discomfort will snowball into others feeling it as well, which in turn makes everyone feel uncomfortable and lowers morale. HR consultants will often be called in to support at this point.
When an employee feels like they have been the subject of harassment or bullying, it could lead to a lawsuit, so it’s important for management to know how far is too far when it comes to office banter. This will enable them to act quickly to stamp it out and reassess the culture within the company.
When Does Banter Become Bullying Or Harassment?
There’s a fine line between banter and bullying.
Some jokes should always be off-limits in an office environment: anything involving race, religion, gender identity, sexual orientation and physical appearance should never be joked about, as someone is always bound to be hurt by this – and for good reason.
Any kind of workplace harassment is a big deal and can have serious consequences for the individuals involved and the company itself. Workplace harassment can take many forms but any comments or behaviour that causes an employee to feel uncomfortable or discriminated against could be just that – harassment in the workplace.
How Can Rules About Acceptable Banter Be Enforced?
Enforcing rules about acceptable and unacceptable banter is difficult but important as a business owner. Managers should be clear on what behaviour they expect from employees, and make sure everyone knows the consequences for falling short of these expectations.
If there are specific cases where someone’s behaviour has been problematic, then it may also help to have some guidelines in place that outline how this will be handled by management or HR staff. This not only makes it easier to take action if necessary, but can also act as a deterrent.
It’s always best when possible for managers to model appropriate interactions with their team members and encourage staff to do the same. While different people enjoy different forms of banter, it is helpful to make sure everyone knows how far they can push their jokes before it becomes bullying. The hard and fast rule should always be that if it causes offence, it’s no longer funny.
The most important way managers and supervisors can enforce rules about acceptable/unacceptable banter is by setting a good example themselves. As the leader of employees on an office team, this person should not be engaging in any form of harassment or inappropriate behaviour at all. It’s also crucial that these leaders give out clear messages about what behaviours are expected from all team members, and work with HR staff to provide training for new hires so people know expectations ahead of time rather than dealing with problems after already being hired.
What Are The Legal Implications Of Workplace Bullying Or Harassment?
When it comes to workplace bullying or harassment there are a number of financial and legal implications. There could be consequences for the company in terms of higher turnover rates and lower employee productivity as well as increased risk to their bottom line if they fail to take appropriate action.
The victim can sue an employer who fails to provide a safe work environment where they have been harassed based on race, national origin, sex, disability, age, or sexual orientation. These lawsuits can be enormous in terms of the amount of money awarded to the employee and can also be devastating from a reputation perspective.
What Should An Employee Do If They Experience/Observe Harassment Or Bullying?
Employees who experience or observe harassment should report all incidents to their supervisor. Supervisors are responsible for taking appropriate measures, which can include:
- investigating the incident and resolving it in a timely manner
- notifying upper-level management of what has occurred (e.g., human resources)
- putting into place any necessary corrective action (including disciplinary actions) for employees involved in the incident
- training other employees on preventing future harassment
- monitoring work environments that may present risks of harassment occurring again
If the supervisor fails to deal with the issue, employees should report the incident to HR or their company’s anti-harassment officer. They will need to provide as much information about the incident as possible, including identifying any witnesses.
If HR or the person in charge of preventing harassment is also ineffective or unwilling to act, employees should finally consider speaking to an attorney who will evaluate the situation and determine whether a lawsuit needs to be filed. This can be a very big decision with some employees feeling naturally reluctant about going up against their employers in court.
It is very important that any employee who decides to take legal action against their employers fully understands their rights, and doesn’t allow themselves to be illegally coerced or intimidated into dropping a justified lawsuit. Any threats to an employee’s job, salary, or position within the company are totally prohibited under employee laws.
What Is HR’s Role In Creating The Right Office Environment?
HR must act as the standard setter, reviewer and enforcer when it comes to creating the right office environment at work. HR professionals will need to ensure that workplace bullying and harassment has no place in their organisation. It’s your job as a business owner to make sure you have a strong HR team to set and maintain these standards.
HR will need to navigate any fall out of office banter if it goes wrong, so it’s in their best interests to have a clear complaint procedure and expectations when it comes to staff etiquette.
If a complaint of harassment or bullying is made by one or more employees, it is HR’s duty to step in and investigate what happened. They will need to advise you as the business owner on how to deal with the complaint, as well as explain who was involved, and what steps should be taken in future to avoid similar situations.
HR’s duty should always be to the employee, not to their employer, which can make things uncomfortable as it often means the employees in the HR department are facing potential discrimination or retribution from those in positions of power. Ultimately, it is the responsibility of HR to find out the full truth of any complaint made, and then hold those involved responsible for their actions, no matter their role within the company.
Office Banter No Longer Funny Summary
Office banter can be a double edged sword. When executed respectfully and within the right boundaries, it can create a positive work environment, but if left unchecked, these interactions can take a turn into harassment and bullying – regardless of the initial intent.
Creating a healthy work environment takes work from everyone. Workers and managers need to be aligned on acceptable behaviour and ensure that everyone is held accountable. Clear policies, training, open communication and taking swift action on any cases of inappropriate behaviour can help to create a place of work that is both enjoyable and supportive to be in.
As a business leader you’ll want to create a positive work environment for all. To do so, you should make clear what jokes are and aren’t acceptable right away. Staying two steps ahead is key in almost every aspect of business, and creating a positive culture and stamping out negative employees threatening that under the guise of banter is no different.
