Beware the Banter: How Trading Floor Jokes Can Backfire

(Bloomberg) -- What might be passed off as a cheeky joke to a work colleague, could end up getting you or your employer sued. 

That’s according to new research from law firm GQ Littler, which found that the number of claims at U.K. employment tribunals relating to “banter” in the workplace increased 45% from 67 cases in 2020 to almost 100 last year.

The findings shine a light on the fine line between one person’s perception of an offhand comment and what is actually discrimination or harassment, with “banter” increasingly being used as a defense in legal proceedings to these kinds of allegations, the firm said.

It also highlights the culture of justifying bad behavior as “banter” which has previously been tolerated in work places, especially male-dominated environments including trading floors.

GQ Littler warned that employers could be found indirectly liable for discriminatory comments made by employees even if it’s outside work hours. An ex-Barclays banker successfully sued her former employer for sex discrimination in a London employment tribunal last year after her colleague used the word “birds” to refer to women at work. 

“Humor in the workplace is important – it can help boost morale and reduce stress,” Lisa Rix, GQ Littler lawyer, said. “However, employees should be wary of making jokes that stray into offensive territory.”

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