Race harassment case highlights the risks of “banter” in the workplace
An employment tribunal has upheld a race harassment and victimisation claim after an employee was repeatedly subjected to comments about her Irish heritage, including being called “potato”, “Paddy” and “stupid Paddy” over a sustained period.
The tribunal found that the behaviour took place over several months and was often made openly in front of colleagues, including during disagreements and in everyday interactions. The comments were also repeated in written communication, including messaging platforms.
A key point in the case was that the individual had made it clear on multiple occasions that the comments were not welcome. Despite this, the behaviour continued. The tribunal rejected any suggestion that this amounted to mutual “banter”, finding instead that the conduct was unwanted and had created a humiliating and offensive working environment.
Importantly, the tribunal considered both the subjective impact on the employee and whether it was reasonable for the conduct to have that effect. It concluded that repeated use of language linked to nationality and ethnicity was clearly connected to a protected characteristic and crossed the legal threshold for harassment.
The case also went further. After the employee raised concerns, the employer initiated disciplinary action based on allegations that the tribunal described as “entirely baseless”. It found that this response was linked to the complaints raised and amounted to victimisation under the Equality Act 2010. Compensation of over £20,000 was awarded to the employee for injury to feelings.
For employers, this case is a clear reminder that so-called workplace “banter” remains a high-risk area. The intention behind comments is not the deciding factor, it is the effect on the individual and whether the conduct relates to a protected characteristic.
It also reinforces the importance of how concerns are handled once raised. Failing to act, dismissing complaints or responding in a way that disadvantages the employee can significantly increase legal risk.
From a practical perspective, employers should ensure that expectations around behaviour are clearly communicated and consistently applied. Managers should be confident in recognising when lines are crossed and take prompt, proportionate action where issues arise.
Ultimately, creating a respectful working environment is not just about avoiding claims it is about ensuring that all employees feel able to work without being subjected to degrading or offensive behaviour.
If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.
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