Mind your language: part 2 – the Hiscox survey.
GSD Members who read the article “Mind your language” (pp.14-15, Summer/Autumn 2007) will recall a discussion about the extent of inappropriate “banter” in the workplace. A new piece of research carried out at Small and Medium Sized Enterprises (SMEs) by Hiscox , the specialist insurer for professional firms, between 13th and 17th August of this year has recently been published. The results suggest that office culture remains firmly rooted in the 1970s, with all the inappropriate jokes and innuendo of the recent 1970’s-set television series, “Life on Mars”. The report suggests that staff laugh at sexist and racist jokes, and think nothing of partaking in sexual banter.
Hiscox said that its study, which canvassed the opinion of almost 800 managers and staff, found that well over half of employees swear in the office (65%) and conjure up nicknames for their colleagues (63%); over a third like to laugh at sexual innuendo (42%); and a third (32%) regularly hear jokes of a racist/sexist nature.
The 25 - 34 year olds are the worst offenders with over three quarters (78%) swearing in the workplace and 71% maknig up nicknames for their colleagues. Half of this age group (50%) think using terms of endearment such as ‘pet’ or ‘love’ in the office is acceptable and 45% are unconcerned at sexual innuendo or banter.
More worryingly, SME bosses, whilst publicly condemning some actions such as swearing or the use of sexual innuendo, seem to accept other behaviours which could equally lead to legal action against them. Almost half of this group (41%) think that using a term of endearment for a colleague is perfectly acceptable; over three quarters (76%) are unconcerned about nicknames in the workplace and well over half (60%) believe that physical contact such as hugging or patting a colleague to encourage or congratulate them, is perfectly acceptable. Although these actions may seem harmless, they could lead to claims of bullying and sexual harassment in today’s workplace.
Gary Head, Professions Underwriting Director at Hiscox, said:
“These office antics are particularly alarming given the recent spate of high-profile legal discrimination cases, and a flurry of new employment legislation which has led to predictions of increased discrimination claims being brought against companies in the next two years.
Things have changed since today’s SME bosses were serving their apprenticeships. The law now goes a lot further in protecting the individual and whilst big business has woken up to this fact, largely as a result of costly law suits, our study shows that this remains a dangerous ’blind spot’ for SMEs.
The potential cost from employee lawsuits is huge and could even result in bankruptcy for a small business, not to mention untold reputational damage. Most bosses will have considered what happens if their office burns down, but the fact is they are more likely to be sued by one of their employees."
Many Law Firms are classified as SME’s due to their size and the atmosphere generated by such firms can, anecdotally at least, lead to a “covering up” of unacceptable behaviour between workplace colleagues “for the good of the firm”
This is what the Hiscox report really highlights, the gulf between policies designed to prevent discrimination, harassment and bullying in the workplace, and the actual attitude to such instances exhibited by both the workers and bosses of smaller firms.
Gary Head’s words of warning should ring true for all such companies. As well as financial implications, the damage to the reputation of a small firm can be terminal and the claustrophobic atmosphere of the stereotypical law firm could cause a colleague pushed too far by such treatment over a number of months and years, to resort to full legal proceedings.
Surely then, the lesson for employers and employees is clear, whether acceptable in the workplace or not, surely the time of banter, jokes and innuendo at the water cooler should be left in the 1970s together with the brown Ford Cortina.
Daniel Park