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In this latest podcast, our Employment experts explore the complexities of managing relationships in workplace including the legal and operational challenges they present for employers. We look at the potential risks and benefits of workplace relationships, and how best to manage them when things go wrong.
With such a high proportion of relationships outside of the workplace going sour and ending in divorce or separation, is there any basis to expect that relationships formed or continued in the workplace will fare any better?
Employers will also be wondering how they will deal with any, initially consensual, relationships that may be formed with customers or suppliers or other third parties which can also give rise to liability for an employer?
The revised guidance from the Equality and Human Rights Commission (EHRC) makes clear that the new duty is a ‘preventative duty’, which means that it requires employers to anticipate scenarios where its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place.
An employer who fails to do this may be subject to enforcement action by the EHRC as well as the more publicised risk of increased compensation being awarded to the employee by an employment tribunal.
Surely no employer in the modern age would support any form of abuse of a staff member, and the new provisions apply not only to sexual harassment by co-workers, but also by third parties such as customers, suppliers and even members of the public.
But what can or should an employer do in the context of workplace relationships?
While the preventative duty only (emphasis added) applies to sexual harassment that takes place in the course of employment, most employers and HR departments will know that what is considered to be included “within the course of employment” can be uncomfortably broad (office party, client event, “team on team” relationship-building exercises).
As with most risks, an assessment needs to be carried out, and any preventative steps identified and reasonable ones implemented.
Hosted by Employment Partner Adam Williams, with Employment Partners Rustom Tata and Abigail Maino joining the discussion to share their valuable insights.
