Sexual harassment or harmless banter

Offensive remarks or harmless banter – a “grey” area!

Andy Gray sacked: Jamie Redknapp favourite to fill commentator slot at Sky Sports…

This and similar headlines have raged out this week following Andy Gray’s sacking from Sky Sports.

Is Andy Gray’s dismissal justified, or is it “political correctness” gone mad?! Ask a hundred different people and you’ll get as many varied answers!

When do potentially harmless remarks become sexual harrasment?

From an employment law perspective “sexist banter” is sexual harassment if it is -

unwanted conduct related to sex and conduct which has the purpose or effect of either violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment

Employers, like Sky Sports, are vicariously liable for sexual harassment by their employees at work and can be sued for unlimited compensation by victims of this type of unwanted conduct. Liability can only be avoided if an employer can show that it took reasonable steps to prevent the sexual harassment.

Reasonable steps would include making employees aware that -

1. Sexist banter is only funny when it does not cause offence.

2. There is only no chance of not causing offence if the person using the banter knows the person on the receiving end very well.

3. If a person engages in sexual banter with work colleagues he puts his own and his employer’s reputation and financial viability at risk.

4. Recklessly putting an employer at financial risk in this way is a breach of trust which is likely to lead to dismissal. 

To comment on this article or if you would like further employment law advice on sexual harassment in the workplace, please contact Jenny Kinman who specialises in Employment Law by clicking here