With workplaces returning to something closer to normality, employers across the country are hoping to benefit from colleagues spending much more time together in person.
Many organisations have been concerned about the loss of regular social interaction amongst colleagues and there are undoubted positives which will come from colleagues reconnecting. That said, some recent cases have highlighted some of the issues which arise when colleagues go too far, demonstrating the fall out which can follow from practical jokes in the workplace gone wrong.
In a widely reported case brought by a civil servant working for Marine Scotland, an employee was photographed having been tied to a chair using parcel tape, which was also used to cover her mouth. In another case, Chell v Tarmac Cement and Lime Limited, an employee conducted what he believed to be a practical joke by hitting a pellet target causing a loud noise which resulted in a perforated ear drum of another contractor.
Both cases considered the question of whether the employer should be held vicariously liable for the fallout arising from these jokes.
Judge Spencer, who heard the appeal of Chell v Tarmac, concluded that ‘horseplay, ill-discipline and malice are not matters that I would expect to be included in a risk assessment’, explaining that it was ‘too much’ to expect employers to devise policies which legislate against practical jokers in the workplace.
The Marine Scotland case also failed, though the judgment did acknowledge that the event had ‘sinister’ elements which indicated a ‘dysfunctional office culture’.
To further demonstrate the risks faced by employers, in the case of Hurley v East Essex Healthcare NHS Trust, an employee who was the butt of a series of ‘jokes’ successfully claimed just shy of £10,000 following a constructive dismissal claim. The Claimant in this case was already struggling from stress and was then subjected to ‘jokes’, bullying and further ostracization. Although this case was more complex than a one-off practical joke, it serves as a cautionary tale that a series of small pranks mixed in with other issues at work can lead to successful claims for constructive dismissal.
Culture and reputation
Following the effects of the pandemic, most notably the shift to working from home, many employers are keen to encourage their employees to return to the workplace on either a full-time or flexible basis for a variety of reasons, including the opportunity for increased social interaction and connection between employees. In this current environment, employees are working under increased pressure and stress, so it is now more important than ever for employers to ensure they have an appropriate workplace culture in place in which the boundaries in respect of what is acceptable and unacceptable conduct are clear.
Adopting an inclusive and supportive workplace culture does not just help avoid the financial costs and management time associated with grievances and claims. It can also help protect organisations from the effects of poor performance, lack of motivation, increased sick leave due to stress and anxiety and high turnover of staff, none of which are economically sustainable.
Employers must also consider their reputation and how easily it can be tarnished. In the age of social media, news spreads like wildfire, particularly negative news, so employers must be increasingly careful not to allow ‘practical jokes’ to cross the line and result in a damaged reputation. Whilst the employee in the Marine Scotland claim lost her case, the images of the joke which had been played on her made national headlines. Having a reputation for poorly treated staff will not only deter away potential job applicants but could also make customer, suppliers, investors and the like think twice about their involvement with the organisation.
How we can help
Our award-winning Employment team is experienced at advising on employment issues affecting the culture and reputation of an employer including reviewing relevant employment policies. We also offer tailored training courses for HR teams, operational managers and in-house legal teams which are designed to meet the needs of your organisation. We also offer an Appropriate Workplace Behaviour training course, the details of which can be found here.
Please contact Joseph Shelston or another member of the Employment team if you would like to find out more about how we can help you.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
