A recent Employment Tribunal case is a fresh reminder for all employers to ensure that workplace banter does not go unchecked and of the ongoing changes and developments to legislation to strengthen employees protection in relation to harassment in the workplace.
An Irish employee whose boss repeatedly shouted the word ‘potato’ at her in a strong Irish accent has been awarded significant sums in the Employment Tribunal after bringing claims for harassment and discrimination. These comments became the norm in the workplace and would be made if the two had a disagreement, as an opening greeting in the office and be sent over WhatsApp along with pictures of potatoes.
The terms “paddy” and “pikey” were also used and the employee was referred to as a “gypsy” due to her Irish heritage.
The employee knew the behaviour was wrong but for fear of being ostracised tried to fit in and accept the banter by joining in with the jokes on a couple of occasions. Nevertheless this repeated behaviour continued and created a deeply hostile and toxic working environment which contributed to her anxiety, depression and finally her dismissal.
It was found by the Tribunal that the phrases were overtly linked to race. The employee was awarded £20,735.91 and four weeks’ pay amounting to £2,800.
This case is a clear message to employers of the importance of implementing policies and procedures in the workplace, to ensure that employees feel protected and supported and to ensure that steps are taken to reduce and remove the risk of bullying and harassment.
Ensure your policy is updated and is available to all staff.
Staff should know who to contact if they have been subjected to bullying and harassment in the workplace and a clear reporting procedure should be set out in policy for them to follow.
If employers have all the policies in place and everything on paper to suggest they are promoting a safe workplace they need to be able to also demonstrate that these policies are being used in practice. Managers should understand their role in leading by example and demonstrating acceptable behaviour.
Often we see incidents of “low level harassment” being ignored because this is “just how they are” or “it was only banter”. Treating these complaints and behaviour as part of the job and maintaining a culture where this behaviour is accepted will not be enough in the eyes of the Tribunal or be seen as reasonable to reduce the risk of harassment in the workplace.
Our team can assist with a range of enquiries. If you would like support in reviewing your internal policies and documents or with creating bespoke documents to ensure you are protected moving forward, please contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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