Preventing an employee of laughing at a coworkers inappropriate jokes is an example of

It is important for the workplace to be a safe and inclusive environment. Playing pranks on colleagues who are already highly stressed will undoubtedly lead to workplace grievances and litigation. 

The employment tribunal case of Hurley v East Sussex Healthcare NHS Trust provides a useful reminder to employers of the importance of setting out clear parameters for the workforce on appropriate behaviour. 

Employees should receive regular training, information and guidance on areas such as equality and diversity and bullying and harassment. It is of paramount importance that leaders take responsibility, act as role models, continually drive through appropriate standards and call out instances of poor behaviour. 

Hurley saw an employee, who had previously been signed off with stress, fall victim to workplace bullying in the form of a practical joke. During a busy month end, the claimant, who was already struggling with stress, was tricked into stopping urgent work and preparing a sham presentation. The claimant's line manager sent her an email at 11.25am reminding her of a three-hour presentation that she was to deliver to the senior management team the next day. Others in the office were in on the joke. The claimant left work at 4pm still believing she had to deliver the presentation and that she would be up all night preparing. At 4.37pm her line manager sent her an email stating: “Only joshing!!!! Have a great day.” 

Tricking an employee, who is already stressed, into stopping urgent work and preparing a fake presentation is clearly unacceptable. As the judge stated: “Like many practical jokes, it was not at all funny.”

The practical joke itself was not an isolated incident and was found to be part of a series of events. The claimant suffered other incidents of bullying and was further ostracised. The claimant lodged a grievance; however, her concerns were largely rejected. While the appeal was underway, the claimant resigned and left the trust. Unusually, her complaints were largely upheld on appeal and her former line manager was disciplined. 

The tribunal found that the culminating impact of the claimant's treatment amounted to a fundamental breach of the duty of trust and confidence. The claimant's constructive dismissal was found to be unfair and she was awarded close to £10,000 in compensation. 

In the concluding remarks, the tribunal stated that the claimant had been undermined, given an unduly negative appraisal, isolated and subjected to a number of small pranks. Management efforts to address the culture had little effect and may have exacerbated the isolation. 

Although this case provides a stark warning of how such behaviour can lead to constructive dismissal claims, it is not groundbreaking. There have been a number of examples of practical jokes leading to successful employment tribunal claims. However, in the current environment, with many employees working under added pressure and increased anxiety, it is more important than ever for businesses to send out clear messages on appropriate behaviour in the workplace. 

Fostering an inclusive workplace does not just avoid expensive litigation. A poor workplace culture can lead to a number of issues, including poor performance, increased sick leave, high turnover of staff, grievances, claims of discrimination, difficulties recruiting and a tarnished reputation. Company culture filters down from the top to the rest of the workforce. 

Altering the culture in a workplace is no easy task, as management found in this case. Creating a positive culture requires commitment, demonstrable good behaviour from leaders and a zero-tolerance approach to bullying and harassment. 

Joanne Frew is head of employment law at DWF

Harassment is any behavior that makes someone uncomfortable. It can occur in both public and private places. Harassment cases are rising in the workplace despite the effort by the government to enact laws that help reduce harassment. All employees in a workplace must know what constitutes sexual harassment. Any unwelcome physical, verbal, or visual behavior in a working institution falls under the definition of workplace sexual harassment.

most common types of unwelcome sexual harassment behaviors

Employers should create different reporting channels and ensure employees understand the procedures to follow in case someone becomes a victim of any form of harassment. The most common types of unwelcome sexual harassment behaviors include:

Verbal Harassment

Verbal harassment is a type of non-physical harassment that makes employees feel less comfortable, humiliated, threatened, or intimidated. Most of the time, people find it challenging to identify verbal harassment because of different reactions among other colleagues. The most common forms of verbal harassment include:

• Making inappropriate jokes, remarks, teasing, or asking sexually related questions
• Asking someone at work to go out with you, unwelcome sexual advances, and sexual favors
• Inquiring about the sexual preference or history of a colleague at the workplace
• Gossiping about someone and spreading lies about them
• Using abusive language and offensive name-calling
• Commenting negatively about a person’s clothing, body, or personal behavior
• Making inappropriate sounds such as kissing sounds, whistling, or smacking lips
• Sending someone sexual emails, notes, or letters
• Verbal attacks such as arguing with someone using threatening, discriminatory, or demeaning words
• Embarrassing someone in front of people, like an employer shouting and yelling at an employee over poor performance Please note that the law does not consider all verbal harassment forms illegal unless it appears unlawful under the rule of law. When verbal abuse is not illegal, the victim can talk to the abuser and explain how the words make them uncomfortable.

Visual Harassment

Visual harassment is a situation where the individual exposes themselves to another person without the victim's consent, and the act affects their work performance or attitude. Examples of visual harassment include:

• Exposing of private parts
• Sending sexual images or videos to another person. For instance, sending unsolicited pornographic videos to another person through a social website
• Unwelcome gestures towards another person
• Staring at someone else’s body offensively and making the person feel uncomfortable
• Placing a poster with information related to sexual behaviors
• Exposing someone else’s private pictures or images without their consent
• Displaying abusive or inappropriate messages or content from a website, book, or magazine

Physical Harassment

Physical harassment is an act where someone inappropriately touches you against your will. Physical harassment in the workplace is also known as workplace violence. Physical harassment behavior intimidates, embarrasses, threatens, and makes the victim uncomfortable. The most common forms related to physical harassment include:

• Sexual assault, abuse, or rape
• Inappropriately touching or grabbing someone, e.g. touching someone’s breast intentionally
• Using intimidating gestures
• Deliberately brushing or rubbing your body against someone
• Blocking another employee’s movements
• Kissing or hugging someone inappropriately
• Unwelcome touching of another person's hair, clothes, or body

Which type of reinforcement schedule uses the element of surprise by reinforcing behavior after an unpredictable amount of time has elapsed?

Is the set of forces that cause people to choose certain behaviors from among the many alternatives?

Which term refers to the perceived value of a given reward or outcome?

Which dimension of self