Acas highlight in their March Workplace Snippets series that the grey area between banter and bullying or harassment is the kind that some employers should be concerned about. A worst-case scenario could be a high-spirited exchange between colleagues taken out of context by another and ending up as a harassment claim. Under the Equality Act 2010, where any offence caused is unintentional, then it is for a tribunal to decide whether it is reasonable to regard the conduct as harassment, given all the circumstances. Acas advise that while employers should be reassured by that, context is crucial in these cases, so employers should play it safe and try to head off trouble before it arises. Equality and diversity awareness training could reduce the risk of potentially offensive remarks being made in the first place. Acas remind employers that it offers comprehensive information on harassment issues in Bullying and harassment at work: a guide for managers and employers.
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