“It’s just bants, mate! Just bants!” If you work in any kind of environment, from an office to a building site, you’ll be familiar with the term ‘banter’. It’s that humorous back and forth we all use to make the day a little brighter, to have a joke and a laugh with our colleagues, and to generally brighten up what can be a mundane working environment. But is it ‘just bants’, or could it be something more sinister, and more harmful?
Workplace banter has its place. However, the term ‘banter’ should never be used as an excuse to humiliate, upset or abuse someone else. What may seem like ‘bants’ to one person could be deeply offensive or upsetting to someone else. Suggesting that the person who has been upset by a bit of banter should accept it as a bit of ‘light-hearted fun’ is a classic case of blame shifting in what could be a deeply intimidating and demeaning situation. Victims of workplace banter that goes too far are often reluctant to do anything about it. This is when banter has definitely crossed that line into abuse and bullying. Anyone who feels that confronting this behaviour could be detrimental to their position, or fears repercussions, may be the victim of workplace bullying. If someone feels intimidated, berated or humiliated then that ‘having a joke’ or ‘just a bit of banter’ has stopped being funny.
The first thing to do is to talk to the person rationally, and explain to them why their ‘banter’ isn’t as funny or harmless as they think. If they don’t take on board your concerns then you can escalate the situation by taking it to a manager. The trouble is that there are a lot of ‘grey areas’ when it comes to the definition of what is reasonable or appropriate behaviour, and that includes banter. The Equality Act 2010 says that a complainant’s reaction to what is termed ‘unwanted conduct’ (which includes verbal banter) has to be reasonable. So in this instance, context is very important.
You have a right to state that the comment has made you feel uncomfortable and that it’s behaviour that shouldn’t be encouraged, but whether and how your employer acts on that will entirely depend on the nature of the comment, and its context. It will also depend on the policies and procedures of the company and how they define workplace bullying.
What employers can do, is ensure that equality and diversity awareness training is implemented, and that everyone understands what constitutes acceptable behaviour within the confines of the workplace. That includes stopping ‘banter’ that attains to things such as a person’s appearance, religious beliefs, sexuality or any other personal issue.
Banter can very easily turn into bullying, especially if it’s relentlessly targeted at an individual. Once others join in, this mob bullying can become not only deeply upsetting but frightening and intensely intimidating. If that is the case then what may have started out as a bit of banter has most definitely crossed the line. In this case, the victim should be encouraged to go to a senior manager, their union representative or HR department and register a complaint or grievance. In extreme cases where an employer has failed to respond to this level of bullying, there is the option of bringing a claim at the tribunal. Every employer has a duty of care to ensure the welfare of their staff. It’s also important that employers ensure that the working environment doesn’t become toxic for workers because of a misunderstanding of the line between ‘a bit of banter’ and workplace bullying.
Sometimes, though, a joke is just a joke, and a one-off incident of light-hearted mockery may be perfectly acceptable in the eyes of the law. In that instance, the best thing to do is to ignore it. If, however, that one-off joke turns into a campaign of abuse and bullying, then it’s time to stamp it out.
If you feel you’ve been the victim of workplace bullying, please contact Michelle Morgan, Senior Associate in the Employment team who is based in our Maidenhead office who will be able to help you decide on your next step.