Beware office banter – you don’t know who you might offend

Late last month, Topshop owner Sir Philip Green rejected allegations that he had engaged in unlawful racist or sexist behaviour, saying that as far as he was concerned there had been some banter, but that this had never been offensive.

At this stage, it is not possible to say whether there is any truth at all to the allegations. But the case does raise again the question of exactly where the line on banter should be drawn.

When it was announced in September that police officers in Leicestershire were being offered what was described as “banter training”, most of the press reports mockingly suggested that there were better things for the police force to be spending its money on.

The stated aims of the course included reducing the risk of tribunal claims and the number of staff who felt “excluded, unhappy or unproductive”, while recognising that the workplace should be a social environment. Reduced to very simplistic terms: to distinguish between good and bad banter.

Is providing such training as daft as was suggested at the time, or is it sensible to help your employees gain a better understanding of the type of comments which might put them and the organisation at risk?

The word “banter” was originally defined as “the playful and friendly exchange of teasing remarks”, but more recently has often been used even where all the teasing is one way, or where the remarks would be regarded by most people as objectionable.

Commentators and employment judges have observed in the past that it can sometimes be used to distance oneself from, or make light of, unpleasant comments.

People want to be able to enjoy themselves at work, and it is difficult for them to do that if they have to be too guarded about what they say. They often reject advice as political correctness, and even very intelligent individuals who may have legal training are sometimes outraged when a comment that they regard as amusing, or at least inoffensive, could possibly upset someone else.

The effective use of humour can make the workplace much more pleasant for everybody. But appropriate training can help your employees to understand that humour is unfortunately sometimes also used with the intention of belittling or demeaning someone, or making that person feel excluded and unwelcome.

The fact that the people who engage in any banter may find it acceptable is no guarantee that it will not offend someone else (or would not be regarded as offensive by a judge).

Saying anything that is objectively capable of causing offence is therefore not without certain risks, unless you are completely confident that it will not be used against you by anyone else present, even if circumstances were to change.

It is also worth considering that the life experience of the person who has been offended may be very different from yours, or from what you imagine, and this is likely to inform any reaction – which is one reason why no two people agree exactly on what is offensive and what is not.

Also, appreciate that if you engage in banter and want to say something outrageous, would you relish having to defend it if it was recorded and played back in a disciplinary or tribunal hearing?

In a sense, you are putting yourself at the mercy of everyone present and within earshot.

It should also be remembered that, in the context of the workplace, a Match of the Day type warning (“if you’re easily offended, stop listening now”) is very unlikely to work.