When does workplace banter become sexual harassment?

 

When does workplace banter become sexual harassment?

This is such an important question for organisations to answer ahead of the Employment Rights Act changes which strengthen the duty on organisations to prevent sexual harassment at work. You may have updated your policies, carried out a risk assessment and signposted everyone to a help line, but if your managers and team members can’t answer this question you will still be exposed.

 

“I was just having a laugh” or “it was just a bit of banter” have never been a defence for sexual harassment – but now organisations will have to show that they have taken steps to ensure people really understand where the lines are.

 

So, where is the line?

 

5 key signs that the workplace banter is tipping into sexual harassment:

1. Intent vs impact Calling a comment “banter” does not make it acceptable – everyone involved needs to understand the difference between intent and impact. A team member may not have intended to make someone else feel uncomfortable or humiliated, but that can still be the impact
2. Unwanted behaviour Any behaviour that is unwanted is crossing a line – for example unwanted touching, intrusive questions about a person’s sex life, sharing sexual content. Doing any of these under the guise of a laugh will not be an excuse
3. Comments that sexualise or objectify Any workplace banter or comments that sexualises someone’s appearance or reduces them to their attractiveness can be deeply undermining and humiliating – for example calling a team member “eye candy” or comments such as “that dress shows your figure off beautifully – you should wear it more often”
4. Power imbalance When sexualised comments or behaviour come from someone in a position of influence, then it is another line crossed. The position that a manager, senior person or a client holds makes it much harder to challenge. They may brush it off as a bit of fun, but others may be feeling they have to tolerate the behaviour to fit in or to protect their job

5. Ignoring the signs that the behaviour or comments should stop If someone does not respect signs that the behaviour is unwanted, they are crossing into sexual harassment. The person on the receiving end of their behaviour may ask them to stop directly or they may signal non-verbally by laughing awkwardly, moving away, changing the subject or withdrawing. When someone persists in these circumstances, they are crossing a line. (although it should be noted that someone does not need to object explicitly for the behaviour to be unwanted)

 

So along with the policy updates and risk assessments it is vital to open up discussions within teams about what is Ok and not OK in terms of workplace banter, behaviour and comments – so that individuals can be more aware of their own behaviour and managers can quickly recognise when to intervene to prevent sexual harassment occurring.

 

Download our free sexual harassment myth busting guide

 

For more information about providing meaningful training for your people to address these concerns and bring clarity to what is Ok and what isn’t, contact us for a confidential chat on 01903 732 782 or info@focalpointtraining.com

Have a look at our case studies to see how we have helped other organisations get ahead of the legislation