Office Chat – Gay 'banter' Not Ok
There is always a fine line between what amounts to banter or teasing and harrassment or bullying in the office. It’s a rare environment that one does not get at least some lighthearted jockeying between colleagues (and dare we suggest it, a bit of flirting) and you would have to work in the most sanitised of atmospheres to avoid any non-work related conversation at all. Then there is that old conundrum of colleagues getting into a bit of office …
There is always a fine line between what amounts to banter or teasing and harrassment or bullying in the office. It’s a rare environment that one does not get at least some lighthearted jockeying between colleagues (and dare we suggest it, a bit of flirting) and you would have to work in the most sanitised of atmospheres to avoid any non-work related conversation at all. Then there is that old conundrum of colleagues getting into a bit of office romance – if that first pass is rejected are you taking the risk that you are harassing your colleague? Well there are fine lines and solid boundaries of acceptable behaviour as a recent ruling by the Court of Appeal has shown.
Stephen English, happily married for 20 years and with three teenage children says he was driven out of his job by the constant torment of being called a “faggot” by his workmates even though they knew he was not gay. He has just won a court ruling that he was the victim of sexual harassment…
Mr English complained that the teasing began when a fellow employee discovered that he had been to boarding school (that old chestnut) and that he also lived in Brighton, known for its thriving gay population. The final straw occurred when the firm’s in-house magazine referred to his attendance at Brighton’s Gay Pride parade wearing “skin-tight Lycra cycling shorts”.
The court declared that he had a case based on harassment “on grounds of sexual orientation” under the 2003 Employment Equality (Sexual Orientation) Regulations. Lord Justice Sedley declared that referring to the teasing as banter trivialised the mockery. The case will now return to the employment tribunal where it was originally rejected to deal with compensation.
A blow for banter or a boon for civilised behaviour?
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December 23, 2008
Gay banter is pathetic but you still get men in their 40s and beyond that still find it amusing even in the supposedly sophisticated environment of law firms.
December 23, 2008
Rise above it. Simple.
December 23, 2008
Clearly in this case it was fair enough that guy won. However, it is worrying that there is such a threat these days over inappropriate behaviour. The fate of the Shearman associate still reverberates (I’m not suggesting that he behaved appropriately here BTW). You spend most of your life with colleagues, esp if you work in the City and office banter is a normal, natural occurrence. The most worrying thing is the sexual harasment threat. There cannot be a girl or boy alive who hasn’t misread the signals and made a pass that has not worked out as expected (ok some exceptions to that may exist) but losing your career over it is pretty harsh.
December 23, 2008
The firm should have dealt with this sensibly at an early stage and not got involved itself in the ‘banter’. It is ridiculous that they allowed it to escalate to the point where it ended up in court.
December 23, 2008
The guy deserved to be treated properly and this seems the right result. The Shearman case was sooo harsh. The amount of flirting etc that happens when a bit of drink goes down at office parties could keep tribunals busy for years.
December 23, 2008
they put it in black + WHITE?!
thats silly.
asking for litigation.