In a positive decision for employers, an Employment Tribunal has backed EasyJet’s dismissal of a cabin manager who repeatedly crossed the line with inappropriate comments.
Background
A senior member of cabin crew was investigated after a passenger complained that he had behaved in a “consistently misogynistic and inappropriate manner” during a flight. Other colleagues confirmed he regularly made sexual jokes and remarks. The employee argued it was ‘just banter’ and not intended to cause offence.
After multiple warnings, training, and opportunities to change his behaviour, he was dismissed for gross misconduct with the employer referencing the reputational impact and the repeated nature of his behaviour. He argued the disciplinary process was rushed and key evidence ignored. The tribunal disagreed and backed the employer’s thorough and reasonable approach.
Practical takeaways
‘It’s just banter’ won’t wash – the tribunal’s decision once again confirms that ‘banter’ will not be an excuse for inappropriate behaviour. One person’s humour can quickly become another’s harassment, so train everyone on where the line is drawn. Our eLearning can help.
Reputational risk is real – remind employees that inappropriate behaviour overheard by third parties (colleagues, customers, clients, or the public) can still lead to claims of harassment, even if the intended recipient doesn’t raise a complaint.
Consistency is key – a thorough process of training, warnings, and a well documented investigation will provide a solid foundation to take firm action against inappropriate behaviour. Ensure all complaints are dealt with swiftly and consistently, with all decisions clearly evidenced.
Clear policies and training matter – regularly communicate your anti-harassment and inclusivity policies to ensure everyone understands the standards you expect. Better banter, sexual harassment and EDI should be a regular feature of your training schedule (at least annually) to reinforce your policies and ensure you can evidence to a tribunal that you’ve taken reasonable steps to prevent harassment.
Get in touch if you’d like to chat with us about anything covered in this update. Get in touch to discuss how our eLearning can help to deliver a clear and consistent message about expected standards of behaviour in relation to banter and inclusivity.
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.
