Workplace Banter or workplace Bullying – A fine line
In today’s modern workplace, fostering a relaxed, positive, and inclusive environment is more important than ever and humour and wit is a great way many employees and employers do so. However, there can be a fine line between friendly workplace banter and bullying. This article sets out the differences between friendly banter and bullying and steps employers can take to prevent banter between colleagues from crossing that fine line.
What is workplace banter and what are some of the key characteristics?
Workplace banter is often described as the playful and friendly exchange of teasing remarks between colleagues and is usually intended to create an inclusive and enjoyable working environment. When done appropriately, workplace banter can help build strong relationships among colleagues, increase morale, and contribute towards an overall positive work environment.
What is workplace bullying?
Workplace bullying on the other hand is characterised by repeated and unreasonable behaviour directed towards an employee or a group of employees that can cause physical or mental harm. Workplace bullying can be physical, verbal, psychological or social. This may include victimising, humiliating, intimidating, or threatening a person.
When does banter cross the line into bullying?
Workplace banter crosses the line into bullying when it becomes repetitive, targeted, and harmful. It is important to note that what may start off as friendly teasing can quickly turn into bullying if it repeatedly ridicules, belittles, undermines, or excludes an individual and causes them discomfort or emotional and psychological distress. Additionally, if the person on the receiving end expresses discomfort and the behaviour persists, it clearly crosses the line into bullying.
In addition to the above, workplace banter has the potential to escalate into discrimination or harassment when it relates to one of the protected characteristics as set out under the Employment Relations Act 2000 and the Human Rights Act 1993. These characteristics include:
- Age
- Race or colour
- Ethnicity
- Gender
- Sexual orientation
- Disability
- Religious or ethical belief
- Marital or family status
- Political opinion
- Employment status
How to differentiate between Banter and Bullying
The following are some of the things to consider when trying to decide whether a remark or behaviour is banter or amounts to bullying:
- Content: The content of the discussion is often an indication of whether something is appropriate in the workplace. If it relates to a ground of illegal discrimination, it should be avoided.
- Intent and Perception: Banter is generally intended to be light-hearted and fun. However, bullying often has an element of malice, a desire to control, intimidate or belittle the individual on the receiving end. The perception of the person on the receiving end is also important. What one person may find amusing and intend as a joke, another may find hurtful.
- Context and Relationship: The context in which remarks are made and the relationship between the individuals involved can influence whether comments are perceived as banter or bullying. Friendly teasing among colleagues who have a close and respectful relationship is different from making jokes at the expense of someone who is vulnerable or feels excluded.
- Repetition and Impact: A single offhand remark may not constitute bullying, but persistent, repeated comments that target an individual can. Bullying within the workplace tends to have a negative impact on the emotional and mental wellbeing of the person on the receiving end.
Steps employers can take to prevent workplace banter from transitioning into bullying
All employers have a legal obligation to provide a safe work environment and must take all reasonable and practical steps to meet health and safety requirements. This means that employers need to take reasonable steps to prevent and address all forms of workplace bullying.
The following are some of the steps employers can take to prevent banter from becoming bullying within the workplace:
- Set Clear Expectations and Guidelines of Appropriate and Inappropriate Conduct: Establish clear, comprehensive policies that define acceptable behaviour and outline the steps for addressing concerns around behaviour and processes for addressing complaints of bullying.
- Promote Awareness and Training around banter and bullying: Regular training sessions can help employees recognise the impact of their words and actions. Managers and supervisors should also be trained to recognise and address potential bullying behaviours promptly and effectively.
- Encourage Open Communication: Encourage open dialogue among employees about what constitutes acceptable workplace behaviour.
- Lead by Example: Managers and Supervisors should model behaviour expected from team members.
If you are an organisation and are facing challenges with interactions within the workplace or would like some further guidance around navigating the fine line between workplace banter and bullying, get in touch with the team at Black Door Law.
Disclaimer: This information is intended as general legal information and does not constitute legal advice. If you have a specific issue and wish to discuss it, get in contact with the Black Door Law team.