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The do’s and dont's of workplace humour
We spend a lot of time at work. For many people they spend more time with their colleagues than they do with their family and friends. In these circumstances, it is only natural that as the working relationship evolves, the environment develops in such a way that people can find opportunities to let off steam by laughing and joking with each other.
Many employers actively encourage employees to find ways to make their work fun because, lets face it, a happy employee is more productive and none of us want to spend the day with a lot of miserable people.
From a legal standpoint, employers have an obligation to make sure that the working environment is not one that employees will consider hostile or undermining to their dignity at work. Where this happens employers can find themselves at risk of a claim for discrimination or constructive dismissal as a result of harassment. This is especially problematic because the definition for harassment is fairly wide, which can make it very hard to identify and prevent.
Generally, harassment is defined as a course of conduct intended to cause alarm and/or distress. Where this occurs in the workplace it is usually easy to identify because it is an intentional act which would normally be viewed as bullying. However, it can also relate to words or conduct that is unwelcome to the recipient. This means that it can apply even though there is no intention to cause offence and if the person affected has not given any previous indication that they object to the words or behaviour. It is a question of perception and as long as the person is not being unduly sensitive then it can be considered harassment if the individual considers the behaviour unacceptable and perceives that they are being treated less favourably.
The key for employees is that if they do object to any sort of behaviour or language then they should say so. If a reasonable person would understand that the individual was objecting to the language or behaviour then any continuation of it would generally be regarded as harassment. For employers, the obligation is to take such steps as are reasonable in order to prevent such instances occurring. A robust grievance procedure (or a specific personal harassment procedure) that employees are aware of, helps to identify and tackle issues and the employer should make it clear that it will always listen to any concerns that an employee may have with an open mind.
However, the common mistake that most employers make is in thinking that having policies on discrimination, bullying and harassment is enough. These policies are a good starting point but companies need to act to make sure that these policies are applied and that ongoing information, support and training is given in order that employees are made aware of the correct approach for dealing with fellow workers in a non-discriminatory and fair way.
The last thing that we would want to recommend is that humour should be banned from the workplace. However, employers should pay close attention if there are employees who have the tendency to tell jokes that may be considered a little close to the wire or play practical jokes to ensure that this behaviour isn’t found offensive. If there is an employee who has a tendency to make comments which they then follow by saying “I’m only joking” then the fact that they have felt the need to qualify the remark would tend to indicate that they are fully aware that the comment could be found objectionable. Similarly, practical jokes should, in general, be discouraged as they have a tendency to escalate (sometimes to the point where they can pose a health and safety risk) and, if they are regularly played on one person, then the recipient can feel victimised.
Work can and should be fun, wherever possible (after all it is work so there are limits) but bullying and harassment are not. Employers have an obligation to protect the wellbeing of all their staff, so you need to keep an eye out to make sure that the fun does not get out of hand. Make it clear that employees can raise any issues if they feel uncomfortable about any behaviour at work, and tackle it early so that it doesn’t develop and fester.
As an employer, you should encourage your staff to find out what their colleagues find acceptable and remind them of the need to respect each other. As long as your employees feel that they are in an environment where they are respected as an individual then they are less likely to feel that they are being treated in an unreasonable way or that their concerns will not be listened to. Sadly, Tribunal claims can occur as a result of jokes in the workplace and these are no laughing matter, so it is important that you take steps to keep any humour within acceptable limits.
Peninsula Business Services provide advice to 19,000 employers and are the UK’s largest Employment Law and Health and Safety consultancy.
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