A new UK law affecting every worker came into effect in April 2026, bringing significant changes to workplace conduct and protections. Employment expert Kate Underwood has explained the implications, particularly during major sporting events like the World Cup.
Workplace Banter and the Law
With the World Cup in full swing, offices and building sites are buzzing with football talk. While most ribbing is harmless, HR specialist Kate Underwood warns that jokes can tip over into conduct that leaves colleagues feeling uneasy. Under recent employment legislation changes, the repercussions for both staff and employers are now more severe than many realize.
Kate Underwood, founder of Southampton-based Kate Underwood HR and Training, said: "The good banter is easy. Office sweepstakes, winding up a colleague after a bad result or debating whether football is coming home. The problem starts when comments become personal, targeted or continue after someone has made it clear they are uncomfortable."
She noted that many workplace disputes arise because individuals focus on their own intentions rather than how their remarks are received. "One of the biggest misconceptions is that saying 'I was only joking' somehow solves everything. It doesn't. What matters is how the comment lands with the other person, not what the speaker meant by it," she added.
Protected Disclosures Under Employment Rights Act
The stakes have been raised following amendments introduced through the Employment Rights Act. Since April 2026, reporting sexual harassment has qualified as a protected disclosure under whistleblowing legislation, affording workers greater legal safeguards when raising concerns.
Kate said: "A complaint that starts with somebody saying they felt uncomfortable can now potentially carry whistleblower protection. The bigger risk for employers is often not the original incident but how they react when someone raises a concern."
She cautioned firms against brushing off complaints, sidelining staff, or treating them differently once they have spoken out. "Employers need to remember that the law protects the person raising the concern. The worst response is to punish the messenger," she added.
Football Tournaments as Flashpoints
Kate warned that football tournaments risk becoming "flashpoints for inappropriate comments about gender, appearance or personal characteristics." Remarks such as "do women even like football?" or persistent jokes directed at a single individual can rapidly turn problematic, particularly when alcohol flows freely at post-match gatherings.
"The workplace version of 'it was just banter' is often where things start going wrong. Most people know where the line is. The issue is when someone keeps pushing after it has stopped being funny," Kate said.
What Employers Should Do
For businesses, the answer is not to prohibit football banter altogether, but rather to ensure that managers are fully aware of where the boundaries lie and that employees have a straightforward means of raising concerns should anything go awry.
Kate added: "For almost everyone, the football is exactly what it should be: a bit of fun and a good excuse to wind up the desk next to you. The job for employers is simply making sure that if something stops being a joke, there is a safe place for people to speak up."
Employers must take reasonable steps, such as adding a simple process like an independent reporting line, to ensure whistleblowing is taken seriously.
