Office banter – a defence to harassment?
By Lupton Fawcett Senior Solicitor, Kathryn Moorhouse.
The phrase “but it was just office banter” is usually a good indication that something offensive, and possibly discriminatory, has been said within the workplace with a consequential price tag for the employer. However, the recent case of Evans v Xactly Corporation has shown that, on occasions, a culture of banter can help to explain what, on the face of it, looks like potentially discriminatory conduct and help to defend the employer from a discrimination claim.
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