Are the days of mixing business with pleasure no more? Ashlie Turner of Magenta HR Consulting Ltd in Edinburgh examines the pros and cons of engaging in banter at the office – a practice currently at risk of being outlawed by the Equality Act…
A couple of weeks ago while attending a conference, I overheard one delegate say to another, “Yes, we’ve got the holiday sorted, a great place with a fantastic roof terrace. Only dilemma is whether I wear the mankini or the thong!” An innocent playful remark, one would think? Not necessarily.
Indulging in a little office banter around the coffee machine makes for a far more enjoyable day, adding a bit of lighthearted entertainment to an otherwise frenetic environment. However, recent changes in legislation – in the form of The Equality Act 2010 – cover the controversial concept of ‘third party harassment’, which makes it possible for an individual to make a claim over any banter or jokes found offensive – even if he or she is only within earshot, or if the remarks are aimed at others.
The legislation also covers employees having a potential case against their employer if a supplier or client says something they find offensive. This is incredibly difficult to manage, according to an Edinburgh-based senior sales executive: “Our job is all about mixing business with pleasure. We work late into the evenings and the majority of client events are held within a social context so it’s inevitable that conversations are more relaxed between colleagues and clients, but everyone knows where to draw the line.”
That’s not always the case though. The executive went on to say, “Years ago, working in the sales force of a drinks company, I recall colleagues going for Friday night drinks, and inevitably as the night went on drinking games would be played. One of the favourites was ‘Snog, Marry, Avoid’, with the subjects being the senior management team. At the time it was seen as innocent fun but there’s no way that would happen now. Most people have learnt that just because you’re not working in the office, doesn’t mean you’re ‘off duty’.”
When discussing the subject with a friend of mine, she recalled a huge stir in her office when a new recruit turned up with what could only be described as ‘prominent implants’. Interestingly enough, she said that there were more comments made by female staff than there were by their male colleagues. Would those comments made by one female to another amount to possible sexual harassment, I wondered?
One helpful tip given to me by a colleague was to steer clear of any comments or remarks about appearance or the personal life of an individual. These subjects should always be off-limits. Do, however, engage in conversation with others and be light hearted about yourself, and the conversation will flow but within safe parameters.
Chris Leitch, Senior Associate within the Employment Law team at Tods Murray, recommends the following top tips to help avoid any tribunal claims in future……
- Managers should lead by example and tackle unacceptable behaviour quickly and firmly.
- Remember, Facebook is accessible to others if your settings allow it!
- Ensure that you pause and think before you gossip or send that email.
- Don’t make assumptions or comments based on appearance or personal attributes.
- Remember that your “limits” are not necessarily the same as those of others.
- Bear in mind that mental health issues may not be obvious.
- Ensure appropriate policies are in place, train staff and keep records!
Words: Ashlie Turner
