Workplace bullying - Tackling inappropriate behaviour

It is good that you are looking to be proactive in stamping out bullying and harassment in the workplace. You do have a responsibility to ensure that all forms of slurs and offensive banter will not be tolerated; what one member of staff may deem a joke may be seen as offensive by another. Make all employees aware that any form of racial slur or offensive banter is not going to be tolerated, after all, intended comical remarks may be upsetting to others and this should be made clear to all staff.

A major concern is that, despite society appearing to be more tolerable, discrimination is still rife in the workplace. It can appear in many forms whether a joke, private discussion or email between colleagues. What may be perceived as a bit of fun between two people could easily cause offence and the difficulty for employees is to determine what will be considered appropriate banter. When employees are in a comfortable environment, such as their everyday workplace, they will feel relaxed about discussing sensitive issues such as sex, race, gender and many other taboos. However, your staff needs to be made aware that it is not just the comments made by management that cause liability: banter between fellow employees is seen in a similar manner.

Workers should be able to restrain themselves from making tasteless comments that may cause offence; self-control can only come from the individual. In extreme cases, targeted workers may feel victimised as a consequence of verbal bullying and, if the employer does nothing then there may be a case to take to an employment tribunal.

Office banter, or 'industrial language', can be perceived by other employees as bullying and employers are required to carry out a risk assessment addressing the risks associated with bullying. You must implement procedures or other preventative measures to eliminate or reduce the risk of bullying, a duty that encompasses office banter. It is best practice to have a policy in place and this should be communicated to all existing staff and made clear to all new starters at the commencement of their employment.

You should ensure that comprehensive policies and procedures are in place that detail your policies on harassment, victimisation and bullying. There needs to be a formal route that staff can utilise to make a complaint if they feel victimised and, as their employer, you will need to act seriously on any such complaint.

Office banter can also be seen as a form of harassment. To minimise liability, employers will need to be able to show that they have taken reasonable, practical steps to prevent breaches of this legislation. If you do not already have one in place then introduce an equal opportunities policy; ensure that it is enforced and check to make sure that it is up to date and compliant with changes in employment law on a biannual basis. Reinforcing the message that slurs can be a form of racism may deter potentially offending employees.

To minimise any liability, you will need to be able to show that you, as the employer, have taken reasonably practicable steps to prevent breaches of legislation. If a complaint is made and you have either not taken the complaint seriously or have not taken the necessary preventative steps to resolve the issue then you may find yourself at tribunal.

Peter Done, managing director, Peninsula.