The price for ‘workplace banter’

The price for ‘workplace banter’ could prove costly to employers and its employees if certain lines are crossed.

Miss Hunter had been employed by Lidl since she was a teenager. From a very early stage, she was subjected to unwanted physical contact, including having her bottom slapped and her waist and thighs touched by colleagues. She was also subjected to inappropriate comments from her colleagues, who referred to her underwear or expressed their desire for sexual intercourse with her. She raised the issue with her manager but was told that she should ‘take it as a compliment’. No action was taken.

Miss Hunter resigned, claiming constructive dismissal and sexual harassment. The Employment Tribunal found in Miss Hunter’s favour, noting that despite Lidl having a policy stating that such behaviour is not to be tolerated, a ‘laddish culture’ was prevalent in the workplace. The tribunal highlighted that the lack of training and awareness allowed for this to happen and for Miss Hunter to be sexually harassed by her manager and other members of staff.

Miss Hunter was awarded £50,884, inclusive of a substantial £22,000 injury to feelings award.

What should I do?

This case serves as a reminder that it’s not enough to simply have policies in place. Employers need to ensure that staff properly trained on those policies and that those policies are followed.

Employers should also be aware that new legislation is due to come into force in October 2024, imposing a new requirement on employers to take reasonable steps to prevent sexual harassment in the workplace. Failure to do so could result in these additional claims and significant compensation awards.

If your business needs help with a case where ‘workplace banter’ has crossed the line, our employment law team can help.

Our Legal 500-rated employment law team are experts in guiding businesses of all sizes and backgrounds through a range of issues that may arise, whether that’s redundancy and staff reorganisation, restrictions on competition post-employment, protecting confidential business information, employment and consultancy contracts and more.