Workplace Banter and Discrimination

“Banter” is often defined as the playful and friendly exchange of teasing remarks. While many employees cherish this informal repartee as part of a relaxed workplace culture, the line between harmless workplace banter and unlawful discrimination can be alarmingly thin. Recent case law highlights the risks organisations take when they underestimate how quickly colloquial jokes can become actionable harassment.

When Does Office Banter Cross the Line?

Even seemingly minor or off-coloured remarks can form the basis of a claim if they relate to a protected characteristic under the Equality Act 2010 (for example, sex, race, sexual orientation). Protection starts from day one of employment, and job applicants can also bring pre-employment discrimination claims.

The Equality Act 2010 allows unlimited damages, including compensation for non-financial loss such as injury to feelings, so the financial and reputational stakes for employers are high. Banter that offends, humiliates or intimidates—even if aimed at someone else and merely overheard—can lead to a successful discrimination or harassment claim.

Key Case Law Examples

• Offensive nicknames and racial slurs have been held unlawful.
• Suggestive comments—such as urging employees to “dress sexily to win business”—can amount to harassment.
• Lazy generalisations about protected groups may also cross the line.

The assessment is subjective: courts view discrimination from the employee’s perspective. It is not a defence to argue that someone is “too sensitive.” Equally, prior tolerance of similar banter does not necessarily reduce liability, and an employee may later decide to complain about conduct they once found humorous.

Employers should avoid stereotyping defences—evidence that a colleague with the same characteristic found a joke funny does not automatically excuse the misconduct.

Dealing with Banter at Work

An effective strategy combines robust policies with widespread communication and tailored training:

• Anti-harassment, bullying, equality, diversity & inclusion policies: Keep them up to date and ensure all staff and contractors know where to find them.
• Regular training: Offer clear examples of acceptable vs. unacceptable workplace banter and explain how perceptions of humour vary.
• Visible enforcement: Make disciplinary consequences of overstepping the mark explicit.
• Ongoing awareness: Integrate inclusivity and diversity topics into inductions, promotions, and refresher courses.

Training on Banter and Harassment

Training should:

• Define the difference between friendly teasing and discriminatory remarks.
• Illustrate how context and perception affect whether banter is acceptable.
• Be delivered at key career milestones—onboarding, promotion to management roles, and periodically thereafter.
• Be monitored to ensure both attendance and understanding.

Related Reading: For further guidance, explore our article The Line Between Workplace Banter and Discrimination.

Written by Catherine Wilson

workersofengland.co.uk | Independent Workers Trade Union