Pictured above: Stephen Woolley, Head of Commercial
Litigation and Dispute Resolution Department, at Robinsons
Solicitors in St James Court, Friar Gate, Derby
Employers are worried about falling foul of the Equality Act
without upsetting camaraderie in the workplace by banning banter, a
leading employment lawyer says.
Stephen Woolley, Head of the Commercial Litigation and Dispute
Resolution Department at Robinsons Solicitors, in Friar Gate,
Derby, says he has been approached by company owners who want to
know how they can prevent discrimination claims arising from the
ribbing that forms part of every day chit-chat.
The new Act, which was introduced in October, is a far-reaching
document which bundles together nine different pieces of
legislation.
It has made secrecy clauses which stop female workers from
asking how much their male counterparts are paid unenforceable and
has banned employers from using untargeted health questionnaires as
part of the recruitment process.
It has also made it an offence for anyone to discriminate
against a worker on the basis of the age, race, gender, sexuality
or disability of someone else that they are associated with.
Mr Woolley recently gave a talk to around 80 business leaders at
the Erewash Partnership, giving a run-down of the main points of
the Act.
When it was time for questions, the most common inquiry was how
the legislation would affect the chances of them being taken to
tribunal by a staff member offended by comments of their
co-workers.
Mr Woolley said: "There has been a lot of interest in the new
Act, but I told them that the reality is that much of it is old law
which has been bundled together in one piece of legislation.
"Employers found that reassuring, but there was genuine concern
about how they should approach workplace banter. Free and easy
conversation is important for morale, but if a worker is offended
by something someone says to them or a colleague and wants to bring
a claim, then the law may entitle them to do so."
Under employment law, it is up to employers to issue clear
guidelines informing staff that remarks that may be construed as
discriminatory will not be tolerated.
Mr Woolley added: "Employers have a duty to investigate and
appropriate action. To do nothing is not an option.
"Employers should judge for themselves and if necessary take
legal advice on what action they feel is necessary even if it's
getting everyone together and saying 'look, chaps (or ladies), we
like a relaxed atmosphere but there are clear limits - and these
are what they are."