In a world of political correctness and where one’s unguarded office banter can be misconstrued and become a legal quagmire, does the office manager need to ban all chit chat round the office water cooler, scene of so much gossiping??
Cath Thorpe, head of the employment department at a leading City solicitor, Reynolds Porter Chamberlain, has been quoted giving her expert opinion on situations in which women might have a legal case for harassment/discrimination.
In terms of the water cooler type gossip, Cath seems to be most concerned about any “lewd remarksâ€.
A female employee on her way to the lavatory passes a group of men gathered around the water cooler discussing the revealing bikini worn by a celebrity while showering the previous evening on TV “did you see those fantastic boobs on her?â€, “I would give her oneâ€, etc. Even though these remarks were not directed at or about the female employee passing by the water cooler, the woman overhearing them might be offended. It is of no matter that the remarks are not about or directed at her, the fact that she has been offended could constitute sexual discrimination.
This would allow the female employee to report the offence to management, claim for sex discrimination or resign and claim constructive dismissal as well as discrimination. If she has been with the employer for over a year she can acclaim constructive dismissal and if less only sexual discrimination.
Conclusion is all employers need to be vigilant regarding office chat where ever in the office and the water cooler as a focal point of chit chat gossip in the office is the area most at risk. We recommend all clients put a notice by the water cooler warning employees against any such talk in its vicinity.
Fortunately we don’t know of anyone who has got into employment problems through gossiping at the water cooler, but maybe you do, please email us on sales@living-water.co.uk or fill out the blog comment form below.
