Recent allegations against TV personality Gregg Wallace, including claims of inappropriate jokes and unwanted touching, raise important questions about workplace behaviour and boundaries.
While Gregg Wallace denies these accusations, it is clear that no one should feel unsafe or uncomfortable at work. This brings us to an important question: when does workplace 'banter' go too far and become harassment?
Employers and employees must recognise the risks of inappropriate behaviour and focus on creating a safe, inclusive, and respectful work environment for everyone.
Recognising the Line Between Banter and Harassment
'Banter' can be an enjoyable aspect of a workplace's culture and promote team bonding, but it is important that staff are aware that what they consider to be 'humour' may have a profound negative effect on other members of staff and could amount harassment.
The Equality Act 2010 defines harassment in Section 26 as when a person engages in unwanted conduct relating to a protected characteristic or of a sexual nature where the conduct has the purpose or effect of:
(i) violating [someone]'s dignity, or
(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for [someone].
'Banter' can fall under this definition if certain comments related to a person's protected characteristic, such as race, sex, age, disability, sexual orientation etc., or if they are of a sexual nature. For example, making the comment, 'middle-class women of a certain age,' may constitute unwanted conduct targeting someone's sex and age. It is important to note that jokes may have this effect, even if this was not their intention.
Indicators That Banter Has Gone Too Far
The reported allegations against Greg Wallace reportedly stretch back 13 years and, if true, demonstrate how the effects of 'banter' that goes too far is not always immediately apparent. Particularly in workplaces where humour that is potentially offensive or hurtful is common, those who are made to feel uncomfortable or humiliated may not feel able to speak up straight away. Therefore, it important for employees to recognise when their 'banter' has gone too far.
Jokes that focus on particular characteristics or of a sexual nature should be avoided, and repeated jokes to certain individuals may cross the line into bullying or harassment.
What Employees Should Do When Banter Crosses the Line
If an employee feels that workplace 'banter' is inappropriate, or they have experienced sexual harassment, should raise this issue with their manager. If this does not resolve the issue, the employee can raise a formal grievance through following their company's grievance procedure.
Employment law protects employees who raise concerns about harassment from being treated differently at work because they spoke up. This is known as 'victimisation', which includes bringing a complaint for another employee or supporting them if they feel uncomfortable.
What Employers Can Learn from High-Profile Cases
Attention has now focused on how the BBC will deal with the allegations brought against Greg Wallace, and many employers may be wondering how they should act in a similar situation.
If a claim is brought at Employment Tribunal, an employer may be found liable if they have not taken reasonable steps prevent and deal with harassment at the workplace. Further, the Workers Protection Act 2023, that amends the Equality Act 2010, came into force on 26th October and now places a proactive duty on employers to prevent the sexual harassment of their staff. Allowing a work culture that drifts into inappropriate 'banter' may be a breach of this duty.
An employer can take steps to make their workplace safe for all by setting clear policies on what is acceptable conduct and regular reviews of the culture in the workplace, such as by asking for anonymous feedback. Diversity and inclusion training is highly advised as this helps ensure staff are aware of the consequence of inappropriate 'banter' and what actions constitute harassment.
Conclusion
There is a balance to be struck in the workplace between staff feeling comfortable enough to express themselves freely and staff being respectful of the harm their 'banter' may cause. This can be done through employers and employees working together to ensure the workplace remains professional and for any concerns to be taken seriously so that all staff feel comfortable and safe.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
