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Toller Beattie

Beware the dangers of office ‘banter’

Jon Dunkley, employment law expert at Barnstaple solicitors Toller Beattie is warning local employers to heed recent legislative changes affecting "banter" at the workplace.

"The law has changed from classifying harassment as conduct ‘motivated by' the sex of the victim to conduct ‘related to' it, which greatly expands its scope" Mr Dunkley said. "This change came into effect on the 6th of this month" he went on "and makes the legal dangers of making what might be regarded as ‘sexist' remarks in the workplace greater than ever before. Changes to the Sex Discrimination Act now mean, for example, that men who are offended by a sexist joke or banter at work, even when no women are present, can bring a claim against both the employer and the person who made the comment."

"Another important change is that employers are now duty-bound to protect their staff from harassment by customers and the public as well as by their employees" Mr Dunkley continued. "This will be a particular challenge for employers with public-facing staff like pubs and shops, as well as public sector organisations including benefit offices and schools. As a minimum, we recommend that such employers put up signs stating they will not tolerate harassment of their staff."

"Many businesses might find having to tell their customers and clients to behave themselves an awkward responsibility. They do need to appreciate, however, that failure to act may end up in compensation claims from their own employees" he concluded.

Any business wishing to understand how these changes will affect their business should seek legal advice - For further information please contact Jon Dunkley

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