Even though there can sometimes be a stigma behind office romances, they are not illegal. What do you do, however, if you feel like a colleague is being inappropriate at work? Often causing feelings of discomfort, sexual harassment in the workplace can be a difficult situation to work through.
David Ward, an expert in employment law at Blacks Solicitors, discusses office romances and sexual harassment incidents at the office and what is legal and recommended for employers to take into account.
What does the law say about office romances?
“Office romances are not prohibited by law. To do so would probably have human rights implications. That said, an employer is entitled to expect a reasonable standard of conduct of its employees and if those who are in a relationship demonstrate conduct that falls below such acceptable standards, then disciplinary action ought to follow. It may be that such conduct falls within the realms of an informal chat or formal warning, however I have seen cases where such conduct has become highly inappropriate and even explicit/indecent, which would entitle an employer to consider dismissal by reason of gross misconduct.
“I would always recommend a full, reasonable (and sensitively handled), ACAS Code of Practice compliant investigation and disciplinary process to get to the bottom of what has happened. If the events have happened at a workplace social event or Christmas party, getting to the bottom of matters may be easier said than done.”
How are sexual harassment incidents that arise at a work Christmas party best handled?
“The media is seeing an influx of sexual harassment allegations currently, so now is the time for employers to be alive to this. Again, the ACAS Code of Practice is a good start, to ensure that any disciplinary investigation and any further action is dealt with fairly and reasonably. Such matters should be dealt with sensibly and with confidentiality in mind.
“What employers should never do, in light of recent case law on the subject, is to jump to suspend an employee due to allegations of wrongdoing, especially because of the recent gravity behind sexual harassment allegations in the media. To do so could provide an employee with a strong argument that they have been disciplined by virtue of suspension, entitling them to resign and claim constructive unfair dismissal (if they have more than 2 years’ service of course), before any disciplinary action has even been considered.”
