The trouble when a workplace joke falls flat

When Abbie made a weight-related quip about a colleague sitting on and breaking a chair, the initial reaction to it did much more than wipe the smile off her face.

It led to the canteen worker facing allegations of bullying and harassment and a fight to save her job after 11 years in the role.

Abbie made what she considered a joke about the weight of her female workmate when the chair collapsed. Three other employees present laughed.

When Abbie contacted our Employee Support Centre for help with her case, she felt the action being taken against her was harsh and extremely unfair.

She explained there was a culture of banter in which other colleagues had made jokes about the same employee’s weight, and in which they all poked what was considered good-natured fun at each other.

This included regular comments about Abbie being ‘weird’ and her sexuality as she was a single, middle-aged woman with no children.

It is why Abbie was shocked to be suspended from work, and to subsequently be invited to a disciplinary hearing to face allegations of gross misconduct.

Abbie provided our representative with the evidence supplied by her employer to support the allegations.

It included witness statements from the employees present at the time, and a statement from the worker who felt aggrieved and upset about what Abbie said.

The complainant said that in recent months she had put on additional weight, was very conscious of it, and that while she would usually brush off the jokes, what Abbie said hurt and upset her.

She did admit in her statement that she had called Abbie a ‘weirdo’, and said that they did get on well.

The other witnesses described what had happened and confirmed there was a workplace culture of banter, with a couple giving examples of comments being made about Abbie and her sexuality.

Our representative discussed with Abbie the possibility of raising a grievance because she was being unfairly singled out and as a result of her confirming the comments about her sexuality were inaccurate.

However, Abbie was keen to avoid any delays to the disciplinary process a grievance may cause, so did not want to raise one, and instead mention the points in response to the allegations.

Our representative requested the employer make arrangements for the witnesses, with the exception of the complainant, to attend the disciplinary hearing in accordance with section 12 of the ACAS Code.

The employer arranged for the witnesses to take part in the disciplinary hearing, which was conducted virtually.

Our representative in questioning the witnesses was able to demonstrate to the disciplinary hearing chair, that there was a culture of banter in the workplace that management were aware of. In addition the comment Abbie made, whether considered acceptable or not, fitted within that.

The hearing was told the culture in the workplace shows  a set of values, beliefs and attitudes that does guide its employees, and reflects how they behave and interact with each other.

Our representative said it made the singling out of Abbie extremely unfair. Especially as the complainant admitted making insulting comments to Abbie, and witnesses had also confirmed she had also wrongly commented on her sexuality, which could be considered to amount to discrimination because of sexual orientation e.g. it can be considered discrimination to say someone is a particular sexual orientation they are not.

He said Abbie did not mean to cause offence or upset her colleague, was unaware of how she felt about her weight gain and apologised for any upset caused.

Our representative was strong in his assertion the evident culture in the workplace was the most significant factor in the case, and as a result any sanction issued to Abbie would be grossly unfair.

The disciplinary hearing chair asked Abbie a number of questions in relation to the allegations and her workplace interactions with colleagues before adjourning the hearing to make a decision.

When the meeting reconvened Abbie was informed that the allegations had been dismissed.

As a result of the hearing, the employer vowed to remind employees of their responsibilities and treating each other with dignity and respect and to review its policies.