72% of people who said they experienced workplace bullying didn't report it to HR, according to an October 2024 national survey of 1,000 UK workers by law firm Wright Hassall.
That's just one of the statistics that Tina Chander, Partner and head of the Employment Law Team talked to me about, as we explore an employment lawyer's perspectives into banter, bullying, harassment and discrimination.
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An employment lawyer's perspectives
This isn't the first survey that Tina has conducted at Wright Hassall. In 2023, their UK national survey found that 45% of people felt their workplace tolerated discriminatory banter at least some of the time.
Jump forward to October 2024, and the survey results reveal that almost half (46%) of people who reported workplace bullying found it was ignored, dismissed, or the situation made worse.
Is it just banter or is it bullying?
But is "banter" just a joke, or is it evidence of workplace bullying, harassment or discrimination?
Is someone who complaints about "banter" merely a snowflake without a sense of humour, or are they experiencing a toxic workplace culture?
In this episode, Tina talks about the use of "banter" as a defence for bullying, giving some examples from her employment law experience of the kind of phrases she's come across to excuse bullying, harassment and discrimination.
As Tina explains in our conversation...
No one really knows what "banter" is. It's just a phrase used as some sloppy defence.
This episode is packed with other useful perspectives from Tina which will be of interest to both employers and employees.
Helping employees understand the formal processes
For people who may feel they're experiencing workplace bullying or harassment, you'll hear practical tips on how you can document your experiences, so that you're in the best position to seek independent advice from a qualified employment lawyer about your own situation.
Tina gives her insights into some of the legal terminology and processes associated with workplace investigations, as we talk about what "natural justice" means in practical terms - for both employers and people affected by unacceptable workplace behaviour.
Hints and tips for HR professionals
If you're an HR professional, what can you do to get the buy-in you need from your senior leadership team that will allow you to speak "truth to power"?
How will this help you to act ethically and not be influenced by unethical leadership requests, when the health and wellbeing of employees is at stake?
The positive duty to prevent sexual harassment
UK law changes came into effect on 26 October 2024, requiring employers to undertake a positive duty to prevent sexual harassment in the workplace.
Tina talks about what these changes mean for employers, with examples of how established good-practice techniques in employee engagement (such as independent employee surveys) may be a useful contribution to meeting the new duties now in effect.
Tough words on zero tolerance
We also talk in this episode about "zero tolerance" and the risk that employers may run by using careless language that can raise the expectations of complainants beyond the duties placed on employers to act fairly and proportionately in employment law.
Tina talks about the need for employer caution and thinking through the consequences of policy statements.
It's a bit of a trendy word, if I'm honest. I don't really know if employers know what they mean when they say "zero tolerance".
Lessons to learn from this episode
There are many different messages that Tina highlights in this episode, from her own experience in advising employers and employees affected by workplace bullying and harassment.
For employers, there’s the need to:
- invest in effective training and education that involves everyone
- to understand banter, bullying, harassment and discrimination, and
- what the new requirements in UK law enforcing the positive duty to address sexual harassment mean.
We’ve heard how having a policy on the intranet, with one-off induction training, just isn’t enough to tackle workplace bullying and harassment.
It’s everyone’s problem, but the HR professionals in the front line need the buy-in of senior leadership if they’re to be able to act with integrity and safely “speak truth to power” when they need to, acting in the interests of employee wellbeing.
Tina’s also talked about the impact of employers’ words - using the example of how language around “zero tolerance” can set unrealistic expectations for complainants, when employment law requires employers to act fairly and proportionately towards all parties involved.
When an employer acts unfairly in their processes dealing with bullying and harassment - with inconsistency, or to protect some people from being held accountable - it can cause serious harm for the people who’ve been bullied or harassed.
That's a topic you've heard about in previous podcast episodes, and one you’ll hear more about in future episodes, with discussions from the sharp end of institutional betrayal, gaslighting, sexual harassment, and the neurological effects of bullying on the brain.
Whether you’re someone being affected by bullying or harassment in the workplace, or you’re the employer responsible for preventing and dealing with that behaviour, it’s important to understand what employment law means for your situation and to seek independent, qualified legal advice if you need it.
Chapter markers
| Time code | Content |
|---|---|
| 00:00 | Introduction |
| 02:47 | Wright Hassall bullying survey results |
| 08:05 | Employers’ awareness of what’s required |
| 13:10 | Training to deal with star-performing bullies |
| 18:53 | What does natural justice mean? |
| 25:32 | Banter, discrimination or bullying? |
| 28:50 | What to document if you’re being bullied |
| 32:07 | HR - standing up to management manipulation |
| 35:54 | Benefits to employers of a positive culture |
| 38:42 | Is “zero tolerance” setting complainants up to fail? |
| 44:53 | UK law and the positive duty on sexual harassment |
| 50:15 | The value of employee surveys |
| 53:21 | Employment law advice for lawyers |
| 56:00 | Contacting Tina at Wright Hassall |
| 59:03 | Lessons for employers, HR professionals and employees |
Links
- Tina Chander, Partner & Head of Employment Law Team
- Connect with Tina Chander on LinkedIn
- Wright Hassall LLP website
- Wright Hassall LLP bullying survey data summary
- Follow Wright Hassall LLP on LinkedIn