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Office Banter
by Helen Ramsey of HR Fundamentals
 
Helen is an HR consultant with 15 years experience of people management for small, medium and large companies. Working with organisations from high street shops to multi-nationals, Helen's approach is to understand the business objectives, resolve immediate difficulties and advise on medium term goals. Helen is a member of the Chartered Institute of Personnel and Development, a qualified assessor and trainer of phsychometric tests and a keen skiier.
Click here to email Helen Ramsey
 
Ricky Gervais style managers out there be afraid; be very afraid! When office banter ceases to be welcome, it over steps the mark and could land you as an employer in an employment tribunal. Legislation now in force extends the definition of harassment, meaning there will be more opportunities to bring a claim.
 
 
Most employees can tolerate a certain amount of opinion of diversity. However, what one person perceives as a joke or office banter may represent an offensive remark to another individual. If the individual feels uncomfortable with such remarks, they can complain and if the banter continues, they may have evidence of harassment and detriment suffered.

Employers need to remember that when 'banter' ceases to be welcome, it may have crossed the line to become harassment. To mitigate such circumstances arising employers should:
- warn employees of what they say and to whom.
- remind all to be sensitive and considerate of others.
- deal with disputes head-on and expediently.
- ensure internal procedures are robust and enable you to deal with situations confidentially, consistently & fairly.

An individual is entitled to determine what they find as acceptable or unacceptable, and a comment that was once tolerated, can become unacceptable behaviour. If all parties react with care and consideration, no difficulties should arise. However, disputes can still occur particularly where prejudice forms indoctrinated behaviour within a workplace.

With another increase to Employment Tribunal awards, can you as an employer really afford to get it wrong? Probably not! Employment Tribunal panels don’t give concessions because you are a small employer, the rules and awards are still the same - if you have discriminated against an employee you will be penalised.
 
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