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Office gossip is now against the law. (But you didn’t hear that from me)

Workers should remember that gossip is like tearing open a pillow on a windy day – once the feathers are scattered in the wind, you can never gather them back. But there are good reasons why gossip shouldn’t be outlawed. Gossip is more than idle chatter: it is an evolved social tool that helps maintain social cohesion. Research by British anthropologist and primate behaviour expert Robin Dunbar suggests up to two-thirds of everyday conversation is devoted to discussing social relationships – who is doing what, with whom, and why. In his paper Gossip in Evolutionary Perspective, he argues this functions like social grooming among primates: strengthening bonds, building trust, and allowing people to monitor reputations and cooperative behaviour within a group.

We seldom get to choose our coworkers, and the workplace inevitably brings together a mix of diverse and often clashing personalities. Autocrats, passive-aggressive colleagues, chronic complainers, manipulators, jokesters, and those perpetually chatting or glued to their phones are all part of the mix. Gossip often becomes a means of coping with these varied personalities and management styles.

It’s a concern that we’ve reached a point where a spirited debate in a meeting could be labelled bullying, and even casual criticism behind someone’s back can be seen as contributing to a psychologically unsafe environment.

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Workplaces are not meant to be relaxation retreats. Even anti-gossip laws have their limits. In a 2024 case involving an unsuccessful claim by a radiographer at the Gold Coast Hospital and Health Service, the Supreme Court of Queensland determined that employers don’t have a general duty of care to eliminate gossip or ensure a “happy” workplace. An employer’s duty extends to taking reasonable steps to prevent psychological harm, but not to guaranteeing a perfectly harmonious or gossip-free workplace.

I question the need for legal intervention into basic human interactions, as gossip, broadly, remains a fundamental element of human social interaction. But employers and managers need to accept that regulators are scrutinising the psychological impacts of workplaces more closely than ever. They will need to watch for signs that employees are being affected by gossip or rumours – whether that be increased absenteeism, declining performance, rising grievances, or avoidance of colleagues. Once gossip spreads, it cannot be contained, and those affected may now pursue legal remedies.

Paul O’Halloran is a partner and accredited specialist in workplace relations at law firm Dentons.

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