Tribunal Confirms That Calling a Colleague a ‘Slag’ is ‘Acceptable Workplace Banter’

In a surprising decision an Employment Tribunal has ruled that the dismissal of an employee who asked a co-worker when she lost her virginity and then accusing her of being a ‘slag’ was unfair and wrongful.  Other comments included stating that a colleague was ‘shagging about’ when she booked a holiday at Valentine’s day.

The Tribunal held that there was a culture of workplace banter of which this was a part.  When the employer then sought to take disciplinary action the investigation it undertook into the conduct was cursory and there was no comprehensive record of the allegations.  The employee was dismissed for gross misconduct but that dismissal has now been held to be unfair.

This case highlights a couple of key points employers should bear in mind;

1. What is and is not acceptable behaviour in the workplace arises from the overall culture and what is tolerated.  Conduct which is overlooked in one workplace, say a building site, may not be acceptable in another, say an accountant’s office.  It is important however that employers are clear as to what will and will not be tolerated and that they act consistently with how employees have been treated in the past.  If an employer wishes to change it’s culture it needs to be clear with staff the change that is required before then taking a harder line on conduct.
2. Even in a case where there is particularly egregious behaviour there remains a requirement to follow a full and fair disciplinary process including a full investigation.  It is not enough to simply accept allegations at face value and supporting evidence should be obtained where possible.  If not supporting evidence is obtained and it is a question of one person’s word against another, it is possible for employers to believe one party over the other, but Tribunals will consider what efforts were made to obtain other evidence.

Employers should be clear with their staff as to what is and is not acceptable and should ensure that their rules are applied fairly and consistently.

If you have any queries relating to anything in this article or would like to discuss the specifics of a case in your workplace please do contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.