“Another nice mess you’ve gotten me into” employers’ liability for workplace banter

Abstract

Purpose Banter has been defined in the Oxford Dictionary as “the playful and friendly exchange of playful remarks” [www.merriam-webster.com/dictionary/banter]. This suggests that it is a form of dialogue or conversation that is welcome, non-threatening and appreciated by the recipient. However, this is often not the case, and the purpose of this paper is to consider the legal rules dealing with banter where it is threatening, unwanted or oppressive to the recipient. Where there is a discriminatory aspect to the banter, the protection provided under equality law will be considered. Banter can be directed at workers with different characteristics (e.g. disability, age, religion, sex, race or sexual orientation), and this paper will consider discriminatory banter whatever the basis. The different types of dialogues falling under the term banter will be analysed and the extent to which legal protection is in place to deal with it will be considered. The statutory legal rules dealing with harassment and bullying in the UK are the most relevant to controlling workplace banter and accordingly will be given primary consideration. Finally, recommendations will be made for improving both management practice and the law in this area. Design/methodology/approach The methodology used is a thorough review of secondary sources in the UK including relevant statutes and legal cases and research undertaken in this area. Findings There is a need for legislative change to protect victims of unwanted workplace banter. Research limitations/implications Legal and managerial solutions to a complex problem. Practical implications Very few sources of primary research. Originality/value Highly original.

Larking Around or Malicious Malarkey? The Impact and Management of Workplace Banter

“…Although the majority of respondents stated they would not ban banter, we found that only one third were confident that their organisations had appropriate policies and procedures in place. Furthermore, banter may be used within the workplace in ways that breach basic human rights [5]. Although our respondents provide very balanced views of banter, for example one stated "I feel that it has been part of life from the playground to work place, it is part of our culture and I have experienced this across the different countries that I have worked", it is important to have easily accessible support available for anyone that is a victim of unwanted behaviour.…”

“…At the level of legislation, it is also challenging to define acceptable conduct for banter. Within the UK, under article 8 of the 1998 Human Rights Act, workers have the right to a private and family life, however banter may breach these basic human rights [5]. Additionally, article 14 state that workers have the right to freedom of religion, freedom of expression and freedom from discrimination.…”

“…While certain forms of banter could easily breach Human Rights legislation, it is note worthy that no legal protection from banter exists in law; the only access to legal protection for conduct relating to banter is via bullying and harassment legislation where banter is inferred not specifically stated. There are suggestions that new legislation should be enacted to provide clarity and definition that identifies when workplace banter has become unacceptable [5].…”

The legal rights of workers and volunteers at the Edinburgh Festival Fringe

“…20. Conn v Council of City of Sunderland (2008) IRLR 324 see fuller discussion of this remedy in Middlemiss (2017). …”

Bullying and Harassment as Antisocial Behaviors in the Sport Sector: Socio-economic Aspects of their Impact Assessment

“…In recent decades, research literature has rather widely studied one of the subgroups of covert antisocial behaviour bullying and harassment (for example, only a few of them: Leymann, 1993;Zapf, 1999;Prummer & Hasmuller, 2015;Merilainen et al, 2015;Barasuol et al, 2017;Chandrasiri, 2017;Middlemiss, 2017;etc.). The analysis of the prevalence of this phenomenon in various social contexts often focuses on the school environment (Gill, Larsson, 2014;Evans et al, 2016;Kowalski, 2017) concluding that young people often face bullying and harassment, which also results in the abundance of research conducted in the educational system (Patton et al, 2017).…”