Workplace banter is often seen as harmless chatter that fosters camaraderie among colleagues. However, when such banter has sexual connotations, it can turn into sexual harassment, as seen in the case of Miss M Bratt v JGQC Solicitors Ltd. This case emphasises the legal and ethical responsibility of employers to ensure that their workplaces are free from harassment, even when inappropriate actions are hidden under the guise of “banter.”
Megan Bratt worked as a junior legal secretary at JGQC Solicitors, located in Lincolnshire, England, from January 4, 2022, until she resigned on February 21, 2022. Her resignation was attributed to the actions of Marcus Hall, a senior partner and the owner of the firm.
In one of the many incidents, Hall sent Bratt a whatsapp message saying “Hi sweetheart see you in the morning” with two kiss face emojis. When the case went to the Employment Tribunal, it was also discovered that Hall disclosed inappropriate details of his private life to Bratt. Ultimately, the judge came to the conclusion that Marcus Hall subjected Megan Bratt to unwanted conduct of a sexual nature through a series of office and virtual interactions.
The judge added, “Talking about one’s sexual relationships in this level of detail with someone who is a new and junior employee and not a friend of Mr Hall’s would undoubtedly have the effect the claimant is alleging it had, namely that she found it offensive and uncomfortable.”
This case underscores the need for a zero-tolerance approach to inappropriate behaviour, regardless of how it’s framed.
Here’s how your organisation can enforce zero-tolerance against such actions:
- Educate staff: Offer training to help employees understand the line between acceptable behaviour and harassment.
- Enforce clear policies: Ensure anti-harassment policies are straightforward, easy to access, and rigorously applied.
- Encourage reporting: Create an environment where employees feel comfortable raising concerns without worrying about retaliation.
- Deter retaliation: Include a clear definition of retaliation in company policies and explain that any act of reprisal, whether direct or indirect—against employees for reporting concerns is strictly prohibited.
- Build a culture of respect: Promote equity and inclusion initiatives to create a supportive environment.
Workplace banter, when misused, can leave lasting scars, not only on those who experience it but on the culture of the organisation itself. Miss Bratt’s experience is a reminder that fostering a truly inclusive and respectful workplace demands empathy, vigilance, and commitment.
Serein specialises in creating safe, equitable, and inclusive workplaces. From policy updates to impactful training sessions, Serein can help you make your organisation avert risks and become compliant with the Workers Protection Act. To know more, write to us at hello@serein.in.