The risks of "banter" at work: when "it's just bants" becomes "see you at tribunal"
Let's be honest: a bit of laughter at work can be a total lifesaver. Work is hard. People are weird. Teams bond over shared humour. Great.
But here's the problem: "banter" is one of those words that gets used like deodorant. Someone says something out of pocket, someone else looks uncomfortable, and suddenly it's "Relax, it's just banter." Spoiler: the law does not give a single shiny toss about your "just bants" defence.
Banter is not inherently evil. It's the culture around it that gets organisations into trouble. Particularly the ones still running on the outdated operating system of "If you can't take a joke, you shouldn't be here."
The legal reality check: harassment is about impact, not intent
Under the Equality Act 2010, harassment is unwanted conduct related to a protected characteristic (or of a sexual nature) that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.
That "or effect" bit is doing a lot of heavy lifting.
So even if the person making the joke swears they "didn't mean anything by it", a tribunal can still find harassment if the impact lands badly and it's reasonable for it to have that effect. This is where "banter" gets spicy in all the wrong ways.
Tribunal reality: "banter" has form for becoming discrimination
If you want a case that screams "banter isn't harmless", look at Driskel v Peninsula Business Services. The Employment Appeal Tribunal made it clear you don't get to isolate each comment and shrug them off as trivial. The cumulative picture matters. In Driskel, a remark about wearing a short skirt and a see-through blouse before a promotion interview was treated in context, not as a "cheeky joke".
In other words: tribunals are not assessing your banter like it's a stand-up set. They're assessing whether your workplace became a hostile environment and whether someone was treated less favourably because of sex (or other protected characteristics).
More recently, there's Mr M Davies v White Dove Garages Limited (ET, 2025). This one is a masterclass in why "I wasn't even talking to them" isn't the get-out-of-jail-free card some people think it is. The tribunal upheld harassment findings relating to sexual conduct and sexual orientation where the claimant was exposed to sexualised conversations and content in a shared workspace. He didn't need to be the target, or the participant. Being subjected to it in the environment was enough.
Also worth clocking: the tribunal in that case made the point that just because another colleague didn't take offence, it doesn't mean the claimant wasn't harassed. Different people, different boundaries, different impact.
So if your organisational defence is "Well no one else minded"... that is not a strategy.
The organisational risks: it's not just legal, it's cultural, reputational, and bloody expensive
When banter crosses the line, you don't just risk a grievance. You risk:
- Employment tribunal claims (harassment, discrimination, constructive dismissal, victimisation, unfair dismissal knock-ons)
- Cost: legal fees, management time, settlement money, tribunal awards
- Brand damage: Glassdoor, LinkedIn, industry gossip, candidates running a mile
- Engagement collapse: people stop speaking up, stop contributing, stop caring
- Talent flight: your best humans leave because the vibe is rancid
And here's the kicker: even if the "banter" isn't aimed at protected characteristics, it can still turn into bullying, misconduct, or a health and safety issue. "Pranks" are especially risky because they're often used as a cover for power and exclusion. If the joke relies on someone being embarrassed, isolated, or scared, it's not team bonding. It's just mean with a party hat on.
The law has moved on: prevention is now your job, not a nice-to-have
Since 26 October 2024, employers have a proactive duty to take reasonable steps to prevent sexual harassment at work. This came in via the Worker Protection (Amendment of Equality Act 2010) Act 2023, and there's guidance from both the UK government and the Equality and Human Rights Commission.
That means the bar is higher. "We have a policy somewhere" isn't enough. You've got to actually do the work: assess risk, train people properly, act on issues early, and stop relying on HR to be the clean-up crew after someone's already been harmed.
Why "banter cultures" are so hard to shift (and how to start)
Banter cultures usually survive because:
- the loudest people set the tone
- targets don't complain because they'll be labelled "sensitive"
- leaders laugh along to avoid awkwardness
- HR gets dragged in late, when it's already exploded
If you want to keep humour but ditch the harm, the goal isn't to sterilise the workplace into corporate beige. The goal is psychological safety plus accountability. You can be funny without being cruel. You can be warm without being sloppy.
Here are some practical moves that actually help:
- Name the line out loud
Don't be vague. Spell out what's not ok: sexualised "jokes", racist stereotypes, homophobic comments, "banter" about disability, bodies, religion, gender identity, age. People can't follow a line you refuse to draw. - Train humans like humans
Not a tick-box eLearning everyone clicks through while eating a sandwich. Real conversations, real scenarios, real consequences. - Make leaders do it first
If senior people are giggling at "just bants", everyone else learns that harm is tolerated. - Fix reporting routes
People need a way to raise concerns without social punishment. And when they do, don't minimise. Investigate properly. - Intervene early
Most tribunal-grade cultures started as "little jokes" nobody challenged.
Training (for workplaces still clinging to "it's just bants")
This is exactly why I built Banter Bingo: a practical, funny, slightly cheeky training session for organisations where "banter" is part of the culture, but not always in a good way.
It's designed to help teams spot the classics that cause harm (and claims), without turning the workplace into a humour-free wasteland. We cover:
- the difference between connection and exclusion
- why intent doesn't save you
- what tribunals actually care about (hint: impact, environment, patterns)
- what to say in the moment when someone crosses the line
- how leaders set the tone without becoming the fun police
It's light enough that people don't switch off, and real enough that people stop saying dumb stuff that could cost the organisation a fortune. Win-win.
Final truth bomb
If you're leading a team or running a business and your culture is "We say what we want and call it banter", you're not edgy. You're risky.
Keep the humour. Keep the warmth. Keep the joy.
Just lose the outdated nonsense where someone else's discomfort is the price of admission.
For more information please visit People Sorted
