Exploring the fine line between workplace banter and bullying

Over the last few weeks, we have seen several developments in the behind-the-scenes scandals of the popular dance show, Strictly Come Dancing, with allegations of workers being “treated with cruelty” and even cases of physical violence.

With these allegations being brought to light, it begs the question what is workplace bullying and harassment and how can employers and employees recognise it?

In the workplace, maintaining a respectful and supportive environment is crucial for productivity and morale.

However, let’s not dance around the topic, when it comes to workplace bullying and harassment, the line between good-natured banter and harmful behaviour can sometimes be as thin as the sequined costumes worn by the dance show contestants.

What is workplace bullying?

In the UK, workplace bullying does not have an official definition but is typically defined as repeated, unreasonable behaviour directed towards an employee or group of employees, which creates a risk to health and safety.

Unlike the occasional heated exchange or a one-off incident of rudeness, bullying is persistent and can include various behaviours such as:

  • Verbal abuse – Insults, sarcasm, or belittling comments.
  • Excessive criticism – Overly harsh or unwarranted feedback.
  • Isolation – Deliberately excluding someone from work activities or communication.
  • Undermining – Sabotaging someone’s work or achievements.

The key element here is the repetition and severity of the behaviour, which ultimately creates a hostile or intimidating work environment.

Bullying itself is not actually against the law, but harassment is. This is when the unwanted behaviour is linked to age, sex, disability, pregnancy, race, religion, sexual orientation and other discriminatory categories. Bullying can in certain circumstances result in claims for constructive unfair dismissal. Constructive dismissal is a type of unfair dismissal, where the behaviour the employee has experienced is so bad, it breaches their contract of employment and entitles them to resign in response to that breach of their contract.

How can you spot workplace bullying?

Spotting workplace bullying can be tricky, but some signs that may indicate that bullying is occurring are:

  • Dramatic behaviour change – If an employee suddenly becomes withdrawn or distressed, it may be a sign of bullying.
  • High turnover rates – Frequent departures from a team or department can sometimes signal a toxic environment.
  • Consistent negative feedback – Constantly being the subject of harsh criticism without constructive feedback can be indicative of bullying.
  • Social exclusion – Regularly seeing someone being left out of meetings, decisions, or social events can also be a red flag.

How to deal with workplace bullying

Dealing with workplace bullying can be challenging. If you or a colleague experience or witness what you believe to be bullying, then we would advise you to take the following steps.

Document everything! You should keep a detailed record of incidents, including dates, times, and what was said or done. This can serve as crucial evidence if the matter escalates.

If there is written evidence through emails or messages, be sure to save or screenshot them, but if it is in person or over the phone, write it down as accurately as possible.

You should raise the issue with your manager or HR department if you have one. Most organisations have procedures in place for handling complaints of this nature.

Don’t hesitate to reach out to your colleagues, a union representative, or even a mental health professional as well to help navigate the situation. It may be that your colleagues have also witnessed the bullying or have experienced it themselves, which would help support your case should you choose to take action.

Additionally, familiarise yourself with your rights under employment law. If the bullying constitutes harassment, it may be a violation of the Equality Act 2010, which could entitle you to legal remedies. It could also entitle you to bring a claim for constructive unfair dismissal.

Employers are responsible for preventing bullying and harassment in the workplace- they’re liable for any harassment suffered by their employees.

Your employer should have an anti-bullying and harassment policies that can help to prevent problems. You should follow the procedure set out in these policies for bringing complaints.

If you have informally spoken to your manager or HR department and have been rejected, you can make a formal complaint using your employer’s grievance procedure.

If this fails to work and the bullying or harassment continues then you may be able to take legal action at an employment tribunal. You should seek legal advice as soon as possible and prior to resigning if you are considering pursuing a constructive unfair dismissal claim or believe you may have a claim for harassment.

Proving workplace bullying

Unfortunately, proving workplace bullying can be incredibly difficult. The challenge often lies in the subjective nature of what constitutes bullying and the need for concrete evidence.

Unlike physical assaults, bullying is more about patterns of behaviour and intent, making it harder to demonstrate and quantify.

To strengthen your case, you will need to focus on obtaining statements from colleagues who have witnessed the bullying as they can be invaluable.

You will need to show a consistent pattern of negative behaviour rather than isolated incidents, this is where your recorded evidence will help. This could include a diary or messages sent to family members for example at the time regarding the negative behaviour you have been subject to.

Where possible, you will also need to provide evidence of how the bullying has affected your work performance, health, or overall well-being.

Banter vs bullying – A thin line

In many workplaces, light-hearted banter is common and can contribute to a positive atmosphere.

However, distinguishing between harmless fun and bullying is crucial. Banter should always be:

  • Mutual – Both parties should be comfortable and consenting.
  • Inclusive – It should not target or demean anyone.
  • Respectful – It should not cross boundaries or cause harm.

When banter becomes consistent, one-sided, or demeaning, it risks crossing into bullying territory. The shift from playful teasing to harmful behaviour can be subtle but significant.

Harassment can be related to a protected characteristic even if the harasser does not know that the victim holds that protected characteristic. Equally, the harasser may know that an individual does not have a protected characteristic but can still harass them in relation to that protected characteristic. The EHRC Employment Code gives the example of a worker who is subjected to homophobic banter and name calling, even though his colleagues know he is not gay. Because the form of the abuse relates to sexual orientation, this could still amount to harassment related to sexual orientation. Any comment could also be overheard by someone else who could be harassed by the comment even if it was not directed at them.

Keeping the workplace strictly professional

Workplace bullying and harassment can disrupt not only individual well-being but also team dynamics and organisational success.

By understanding what constitutes bullying, recognising the signs, and knowing how to address and prove it, employees and employers can work together to ensure a respectful and supportive work environment.

If you or someone you know is facing workplace bullying, don’t hesitate to seek advice and support. If you are an employer and need assistance in drafting policies regarding bullying and harassment or in-house training, please contact us for support.

Contact our employment law experts today for expert support.