An employment tribunal has ruled that referring to a mixed-gender team as “lads” can amount to harassment (unwanted conduct related to sex), even where no offence was intended.
Background
A senior executive objected to her manager’s use of the word “lads” when discussing a female colleague’s performance. Although the sex harassment claim failed in this case because the executive wasn’t considered to have had her dignity violated, it’s our view that there is scope in future cases for claimants to succeed.
The tribunal in this case noted the behaviour was “unwanted” and could rightly be perceived as patronising – if a claimant can also show the conduct violated their dignity and their response is deemed reasonable by the tribunal, then they will succeed with their claim.
Practical takeaways
Intent is irrelevant – even where language is used casually or without malice, it can still amount to harassment if it’s unwanted and relates to a protected characteristic. Our anti-harassment eLearning suite can help set expectations and ensure all levels understand – book a demo.
Gendered language needs a rethink – terms like “lads” might seem harmless to some, but can alienate or patronise others. If you have a culture where terms such as ‘guys’ or ‘lads’ are used, our eLearning will help to reset understanding. An inclusive and diverse culture should put gender-neutral terms like “team” or “group” at the forefront.
Grievance handling matters – the way you respond to internal complaints is just as important as the complaint itself. In this case suspension was used as a punitive act which, along with the subsequent disciplinary process, led to successful discrimination and victimisation claims.
Get in touch if you’d like to chat with us about this case or if you’d like to learn more about how our anti-harassment suite of eLearning can help reset expectations, book a demo today.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
