The study of over 1,100 UK workers warned employers to make sure that their employees exercise caution when "joking around" with colleagues, as what may be seen as innocent banter to one person can often be interpreted as quite the opposite by another, which could result in a discrimination claim.
Over half (59%) of respondents felt it wasn't unlawful to swear, however the study reveals that swearing based on a legally protected characteristic such as gender, sexuality and race could lead to a discrimination claim.
Nearly 60% of respondents felt blaspheming wasn't unlawful but the study claims that to a religious colleague this may be seen as hostile and offensive and might form the basis of a religious discrimination claim.
The study also revealed that sending someone in the office an anonymous card or romantic gift could bring about a harassment claim, particularly if the person receiving the gift is in a relationship and has made it clear that they are not interested.
Allen & Overy employment partner Karen Steward said: "There's a fine line between friendly, acceptable banter and unlawful harassment, but encouraging and educating workers to stay on the right side of the line is not as easy as it sounds.
"Time and time again, workers throw advice in this area into the 'political correctness' box, not appreciating the litigation risks or the impact on individuals. But they should do so at their peril, as an employee can be made personally liable for a discrimination claim under which compensation is unlimited".
The study by Allen & Overy was conducted with YouGov. It surveyed 1,163 UK workers from a mixture of public, private and third sectors.
