Alex Morgan
The long-awaited independent investigation into allegations against TV personality Gregg Wallace has now concluded, and the findings are stark.
Of 83 allegations reviewed, 45 were upheld, including complaints of unwelcome physical contact, inappropriate sexual comments, and racially insensitive behaviour during his 19-year tenure on BBC’s MasterChef. While Wallace denies the more serious claims, and says he is “deeply sorry” for causing distress, the report paints a troubling picture of workplace culture, and offers a wake-up call to employers across all industries.
So when does workplace banter cross the line into harassment, and what must employers do to prevent it?
Recognising the Line Between Banter and Harassment
Banter can bring humour and camaraderie to the workplace, but when it targets someone’s identity, it risks becoming unlawful.
Under Section 26 of the Equality Act 2010, harassment occurs where a person engages in unwanted conduct related to a protected characteristic (such as age, sex, race, disability, or sexual orientation), or of a sexual nature, which has the purpose or effect of:
Violating the person’s dignity, or
- Creating an intimidating, hostile, degrading, humiliating, or offensive environment.
A “joke” can still be harassment if its effect causes distress, even if the speaker didn’t mean harm. The Wallace investigation found repeated inappropriate jokes, sexual innuendo, and racially insensitive comments. In today’s workplace, such conduct would almost certainly fall foul of the Equality Act.
How to Tell When Banter Has Gone Too Far
The Wallace case shows how problematic behaviours can persist unchecked for years, especially in settings where informal cultures or power imbalances make it hard to speak up. Many complainants described feeling unable to report inappropriate comments at the time, fearing career damage or not being believed.
Key indicators that banter has crossed the line include:
- Jokes of a sexual nature
- Repeated jokes or comments targeting a specific individual or group
- Comments about race, gender, age, or disability
- Behaviour that makes others visibly uncomfortable, even if no complaint is made
Employees must reflect on how their words are received, not just intended. One person’s “banter” may be experienced as bullying or harassment by another.
What Employees Can Do When Banter Becomes Harassment
Employees who experience inappropriate comments should:
Raise concerns informally where possible, a quiet word can often resolve issues early.
- Speak to a manager or HR if the behaviour continues.
- Follow the formal grievance process if necessary.
The law protects those who raise concerns. Under the Equality Act, employees must not be victimised for making or supporting a complaint about harassment — even if they are not the direct target.
What Employers Must Learn From This Case
The BBC and production company Banijay have admitted that opportunities were missed to stop Wallace’s behaviour earlier. Despite previous complaints, the report reveals that escalation procedures were not robust, and that action was not taken in a timely or effective way.
This is no longer acceptable under modern employment law. As of October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 places a positive legal duty on employers to prevent sexual harassment. This means they must:
Proactively assess risks of harassment in their workplace
- Implement policies and training to reduce those risks
- Take prompt action when concerns are raised
A failure to do so can result in Tribunal claims and potential compensation for affected workers, even if the harassment was carried out by a freelancer, contractor, or third party.
Employers can reduce legal risk and create safer, more respectful workplaces by:
Establishing clear codes of conduct
- Providing regular equality and harassment training
- Creating anonymous reporting mechanisms
- Promoting a speak-up culture, especially for freelancers and junior staff
- Reviewing complaint-handling processes for gaps in escalation
Workplace culture is shaped from the top. Organisations that tolerate inappropriate banter, especially from high-profile or senior figures, risk reputational damage, legal action, and harm to staff wellbeing. By fostering open communication, educating staff, and prioritising inclusion, organisations can create workplaces where all employees feel respected and safe, and where “jokes” never come at someone else’s expense.
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About the Author
Alex Morgan is a Caseworker in the Employment department based at Duncan Lewis Solicitors. Alex assists a team of solicitors in the day-to-day running of a wide range of employment cases, working under the direct supervision of solicitor Ian Hurst.
If you have concerns about harassment, banter that’s crossed the line, or need help updating your workplace policies, the Duncan Lewis Employment Team can help.
Contact Alex Morgan at AlexM@duncanlewis.com or call 020 7275 2845 for confidential guidance.
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Duncan Lewis Employment Team
Duncan Lewis employment team act on behalf of claimants and respondents in all employment tribunal related matters in a variety of areas including unfair dismissal, redundancy, breach of contract, equal pay, maternity and paternity/adoption rights, whistleblowing and minimum wage. Our employment law specialists can represent all types of employers, large and small – as well as individual employees and groups of employees