When does a joke become offensive behaviour? Kate Hodgkiss outlines the fine line between banter and harassment.

Factfile

  • One person’s joke may be offensive to another
  • Banter can be defined as ridiculing, taunting and deriding as well as jesting and joking
  • In a discrimination tribunal it is the impact of a person’s behaviour and comments that are important rather than their intent
  • To win a discrimination claim, the applicant must show that they suffered a detriment
  • New laws outlawing discrimination on the grounds of religion or belief are due in December 2003

Source

Electrical and Mechanical Contractor

Postscript

Kate Hodgkiss is a solicitor in the employment department of international law firm DLA.