Merely ‘office banter’ or sexual harassment?
Wednesday 31st July 2024
An Employment Tribunal recently published its’ written reasons in the case of Bratt v JGQC Solicitors Limited, in which it was decided that a string of comments purported to be ‘banter’ were in fact sexual harassment.
Facts & decision
The claimant was a legal secretary at the respondent law firm who carried out work for Marcus Hall, the owner of the respondent.
The claimant alleged that from the beginning of her employment, she had been subjected to unwanted conduct of a sexual nature in a number of incidents. One example included Mr Hall telling the claimant about his ex-partner catching him cheating on her with a 22-year-old police officer. Specifically, he referred to there being a used condom on the floor. Another example included Mr Hall telling the claimant she “looked nice” before adding “am I allowed to say that?”. The claimant complained this made her feel uncomfortable.
The respondent’s defence to the complaints made by the claimant was that it was ‘merely office banter’ in an attempt to include the claimant in the conversation, given she was a new starter.
However, the judge rejected such defence, stating the comments that had been made were inappropriate and the offensive comments made ‘were indicative of the workplace culture and the personalities’.
On that basis, the judge ruled that the claimant’s claim of sexual harassment had succeeded.
Comment
Whether or not conduct is acceptable to other employees is irrelevant in a claim for harassment. A defence of ‘it was just banter’ will not stand up in an Employment Tribunal. It is therefore essential that employees are made aware of what is appropriate behaviour and communication in the workplace.
Employers must ensure they provide regular equality and diversity training, particularly given the obligation placed upon them under the Equality Act 2010 to take ‘reasonable steps’ to prevent sexual harassment of their employees.
For details of equality and diversity training we are able to provide, please contact a member of the Employment team, who will be happy to assist.
