Political correctness at work

Many people find an informal atmosphere good for workplace morale. But behaviour that is acceptable to some can be offensive to others, and could even lead to a tribunal. Tom Whitney helps you understand where to draw the line when it comes to working behaviour

Research by the insurance firm Hiscox has found that 41 per cent of small-business owners consider it acceptable to refer to employees as 'love'. Six in ten have no qualms about hugging a colleague.

A degree of informality at work or a bit of friendly banter can help to underpin working relationships. But what was normal a generation ago is often frowned upon today for being 'politically incorrect'.

"These may seem harmless actions, but they could lead to claims of bullying and sexual harassment," warns Gary Head, professions underwriting director at Hiscox. "Anything that makes anyone feel uncomfortable can land bosses in hot water nowadays."

Individual rights

"Things have changed since today's SME bosses were serving their apprenticeships, and the law now goes a lot further in protecting the individual," Head explains. "Big business has woken up to this, but it remains a dangerous blind spot for SMEs, where the family-like atmosphere can create a false sense of security."

Illegal behaviour at work falls broadly into three categories: harassment, bullying and discrimination. All three can be very obvious - verbal abuse is hard to ignore, for example. But infringements can also be subtle; overlooking an employee for a project because of their age can be difficult to pick up, but it is discrimination nonetheless.

Turning a blind eye to behaviour that causes an employee to feel uncomfortable, afraid or excluded can be very damaging. "The potential cost from employee lawsuits is huge and could result in bankruptcy for a small business, not to mention damage to their reputation," cautions Head.

Preventing problems

Review your workplaces practices on bullying, harassment and discrimination and put a stop to anything that could cause problems. A formal policy isn't absolutely necessary, but you should make employees aware of what is not acceptable behaviour, preferably in a staff handbook. This should also outline your grievance procedure and assure employees that you will deal with complaints confidentially.

"Just having a policy wouldn't be sufficient defence in the event of a tribunal," stresses Alan Phillips, employment adviser at Croner Consulting. "You need to have enabled employees to do something about inappropriate behaviour. This means having a channel for complaints and dealing with grievances as they arise."

If you do receive a complaint about a member of staff, speak to them informally. They may not be aware of the effect of their behaviour and be happy to make amends. If that makes no difference, you may have to initiate your disciplinary procedure.

"Employers need to lead by example and enforce a culture where being politically incorrect is not appropriate," concludes Head. "Whatever leeway was allowed a generation ago, say about making inappropriate jokes, employees need to understand it is no longer acceptable."