ARTICLE · 02 JUNE 2022

The rise of workplace banter

People + Culture Strategies

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Workplace banter, or harassment, bullying and discrimination, are complex workplace issues for employers to navigate.

AustraliaEmployment and HR

Kirryn West James

Matthew McKeon

There is an interesting development in the UK, with the rise of "workplace banter" as a defence to claims of harassment, bullying and discrimination (read the article here). As the article reports, the use of workplace banter as a justification for inappropriate workplace behaviour rose 44% last year.

It raises the question of what constitutes light-hearted banter, what constitutes inappropriate workplace behaviour, and whether employees are aware of the distinction.

The UK experience

In the UK, cases before the Employment Tribunal (the equivalent of the Fair Work Commission ("FWC")) where workplace banter has been used to justify inappropriate workplace behaviour have included:

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