Is Light Hearted Banter for the Birds? Don't be tempted to wing it
Posted on 25th November 2024 at 17:49
This week’s journey to the first instance tribunals found inspiration in a newspaper headline “female investment banker wins payout after Barclays boss called women ‘birds’”. From the perspective of employee Anca Lacatus, uncomfortable; of her former boss, light hearted; of the tribunal, plainly sexist and foolish; of the respondent company, no doubt sick as a parrot.
But context is still everything. Ms Lacatus’ total award at her remedy hearing may have been just short of £50,000, but the bulk of this related to failure to make reasonable adjustments, associated personal injury, and injured feelings arising from those matters. The comment that caught the journalists’ attention attracted an award somewhat akin to chickenfeed, only £1,000 together with interest.
Despite Ms Lacatus’ plea for an award of £9,000 – “bottom range of middle Vento”, in legal technical speak – for her injured feelings as inflicted by the remarks, this evidently flew right over the tribunal’s head. Despite deprecating the use of the term, notably when the former boss repeated it after initial mild offence, it was deemed only to have caused some annoyance and irritation. Not being minded needlessly to beat about the bush, the tribunal decided that “near bottom of lower Vento” was an appropriate assessment.
Taking a look back, the liability hearing ran for 13 days in February 2021 and then occupied two days’ worth of deliberation time. It was observed that many of the Claimant’s claims were dismissed. Publication of the liability judgment was delayed. Ms Lacatus submitted a schedule of loss assessing her claim at £1.3 million, which Barclays countered with an assessment of £16,000. The tribunal dismissed the claim for aggravated damages, deciding that thoughtlessly failing to make reasonable adjustments was not conscious, deliberate or malicious. The application of wise owl thinking plainly did not permit a side trip into Cloud Cuckoo Land.
Whether any well conducted grievance process or subsequent settlement discussion might have prevented this action being an albatross round both parties’ necks, we will never know. It will still stand as a further warning that unfettered workplace banter is now as dead as a dodo, and that it will be dangerous to assume female employees are fair game for sexist comments.
Do you have a tricky grievance, or plea for reasonable adjustments, to handle or pursue? Might a fresh pair of eyes help? We may not be high flyers in the City, but we’d do our best to rule the roost for small business. Contact David Cooper on 0121 325 5402 or via dmc@coxcooper.co.uk .
Share this post: