In an Employment Tribunal case, a nurse had been fired for gross misconduct for comments made as she helped to restrain a male patient having an epileptic fit. The nurse quipped: ‘It’s been a few months since I have been in this position with a man underneath me’ as she straddled his naked body while doctors tried to give him an injection. The trousers of the ‘extremely strong’ patient had been removed so doctors could inject his buttock and the nurse sat on his ankles to control his flailing legs. But the patient span on to his back, exposing himself and kicking her forward so that she ended up astride him.

An Appeal Court upheld her claim for unfair dismissal as the nurse’s remark would have been considered ‘merely humorous’ by many people and did not warrant losing her job, the judges found.

It can almost be guaranteed that at some point in our working lives we will all cause offence by comments we make. The real test should be the intent with which the comments were made. If someone deliberately says something to cause offence then the relevant disciplinary policies should be invoked and the individual dealt with as necessary depending on the gravity of the offense. However, in many cases comments are made through ignorance and / or the individual not realising they could cause offence.  Other factors may also need to be taken into account, for example many people deal with stressful situations by making what they see as a joke.

To help reduce the risks, organisations should look to develop a culture / environment without discrimination and where respect is observed but also one where people can have fun and measured workplace banter is a part of this. It is acknowledged people work better when they enjoy their work.

When dealing with complaints / grievances, organisations should consider the above points. In the majority of cases the individual who has unwittingly caused the offence is mortified when they are told.

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