Employment Tribunal Rules Workplace Banter Can Amount to Sexual Harassment

Can workplace banter amount to sexual harassment, even if the comments are not directed at a particular employee? A recent Employment Tribunal case suggests it can. In this article, Monica Bulut examines a decision in which a woman was awarded more than £13,700 after overhearing sexist remarks made by colleagues, highlighting the legal risks of inappropriate workplace conversations, jokes and behaviour.

Sexist Comments Overheard in the Workplace

The claimant worked as a security guard at a Covid vaccination centre where she overheard two male colleagues making sexually explicit and derogatory remarks about female colleagues while looking at social media. Although the conversation was between the two men, the tribunal found they knew she could hear them and that one of them even remarked, “Don’t say that in front of…” before referring to her by a nickname.

Harassment Can Occur Even When Comments Are Not Directed at Someone

The tribunal concluded that the comments created a hostile and offensive working environment and amounted to unlawful sexual harassment, despite the fact that the remarks were not aimed directly at the claimant.

The decision highlights that employees do not have to be the target of inappropriate comments in order to be affected by them or for harassment to occur.

The tribunal also upheld a second complaint after one of the managers sent the claimant a workplace group-chat GIF containing the words “B**** I am lying”. Although he said it had been intended as a joke and explained that the expression was commonly used as a term of endearment within his social circle, the tribunal decided that, in the circumstances, it amounted to harassment related to the claimant’s sex.

Outcomes

The claimant had also brought claims for race discrimination, victimisation and whistleblowing, but these were all dismissed. Only the two harassment claims succeeded.

At a later remedy hearing, the tribunal awarded the claimant £11,000 for injury to feelings together with interest, bringing the total award to more than £13,700.

Case Details

Court: Manchester Employment Tribunal
Case: Ursuleanu v Vicars Cross Health Care Limited, Dale Michael Rae and Nicholas James Goodwin
Case No: 2407268/2023
Liability Judgment: 2025
Remedy Hearing: 20 April 2026

Expert Advice on Employment Tribunals

This case is a reminder that workplace harassment does not have to involve comments or behaviour directed at a particular employee. Conversations between colleagues, inappropriate jokes, offensive messages and so-called “banter” can still amount to unlawful harassment if they create an intimidating, hostile, degrading, humiliating or offensive working environment. Employment Tribunals will consider the overall impact of the conduct and the workplace context when determining whether harassment has occurred. Employers should therefore ensure that workplace standards are clearly communicated, appropriate training is provided and complaints are addressed promptly and effectively.

Our specialist employment law team regularly advises businesses on preventing and defending Employment Tribunal claims, including those involving allegations of sexual harassment, discrimination and inappropriate workplace conduct. We can help employers review policies, deliver training, conduct workplace investigations and respond to complaints in a way that reduces legal risk and promotes a positive working environment. Please contact us to discuss how we can support you.

About the Author

Monica Bulut is a solicitor in the Employment team, advising employers and employees on a full range of contentious and non‑contentious employment matters. She trained at a specialist employment law firm, gaining experience in complex tribunal litigation, with particular expertise in discrimination cases involving race, sex, pregnancy and disability. Monica also regularly advises on strategic approaches to early resolution. She holds an MSc in Law, Business and Management and the LPC (Distinction) from the University of Law, as well as an LLB (Hons) from the University of Kent.