The research findings, published on Tuesday (18 February), show that these claims were typically where banter crossed a line and had became discriminatory.
According to GQ Littler's analysis of last year's claims, jokes classed as banter can have a racist, sexist or homophobic element to them. The law firm's previous analysis shows that the number of claims linked to workplace banter have roughly remained the same since 2022.
Dónall Breen, GQ Littler's senior associate, emphasised that is is important for employers not to dismiss concerns around workplace banter.
He told HR magazine: "Employers should be careful not to dismiss banter as harmless fun just because that’s the way their workplace has always been.
“They should consider how this may look to an outsider, or how the behaviour might be judged in the cold light of day.”
He added that if conduct relates to a protected characteristic (such as race or religion), and violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment, then it is unlawful harassment.
"This doesn’t mean that every complaint goes through a formal grievance process, but it does mean managers and employees know how to filter through concerns being raised so that any red flags are spotted or worrying trends dealt with. Ignorance is not bliss when it comes to managing your legal risk," he said.
Read more: Workplace 'banter' costs firm £15k in discrimination claim
Sarah Tahamtani, head of employment and business immigration at law firm Clarion, emphasises how important it is to support employees and create an environment where they feel comfortable to raise any concerns.
She told HR magazine: “Employers must take responsibility for ensuring that employees understand the distinction between workplace banter and harassment. [They must put] clear policies and training in place.
“Employers also now have a legal duty to proactively take reasonable steps to prevent sexual harassment of their employers, which cannot be trivialised as ‘banter’.”
A representative of GQ Littler stated that legal claims relating to banter can be especially damaging to businesses, not just to their reputation but also because compensation for discrimination and harassment cases are uncapped.
Annie Long, employment solicitor at law firm Howard Kennedy LLP, advised HR magazine that employers should always act with caution when it comes to these claims.
She said: “It's not always easy to define when jokes cross the line into harassment or bullying. It is always best for employers to err on the side of caution.
Read more: Banter tribunals on the rise
“A tribunal claim is less likely if the complainant feels their complaint has been addressed appropriately,” she added. “Employers should also take proactive steps to address conduct that is capable of crossing the line, such as intervening if inappropriate comments are overheard.
“This may include having informal conversations with employees, communicating harassment policies company-wide and/or providing training.”
Tahamtani also emphasised that employers and HR can be held liable for remarks made by employees, wherever they were made. She said: “Employers can be held liable for offensive remarks made by employees, even when this happens outside of working hours or the workplace itself, for example, on social media or messaging apps.
“The key distinction is that harassment is unwanted, unsolicited acts based on protected characteristics, whereas banter often involves the friendly exchange of teasing remarks between parties without any purpose of effect described.
“However, it is sometimes difficult to draw the line between banter and harassment in practice and the risk of misjudgement is high."
