Leeds Legal, an alliance of the city’s top law practices, says the risks for employers of relationships between staff hitting the rocks are increasing and could go way beyond damaged team spirit and lower productivity.
Ian Dawson, head of the employment team at Shulmans Solicitors, and a spokesperson for Leeds Legal, said: “People now often spend more time at work than anywhere else and many relationships therefore develop there. But when things go wrong with these liaisons, there are far reaching consequences that simply wouldn’t exist if they were unrelated to work.”
Mr Dawson said examples of such difficult circumstances could include:
- One staff member wanting no contact with the other, despite this being necessary in their work;
- A spurned lover trying to “patch things up” with their ex, through unwanted phone calls and e-mails;
- colleagues “taking sides” and disrupting workplaces following a split; and
- activity outside work, such as criminal acts - damage to vehicles or property and threats of violence, for example – which make effective working relationships impossible.
Mr Dawson said: “In certain circumstances, employers can be liable for the acts of their employees, and most of these examples could constitute sexual harassment, entitling victims to pursue claims against perpetrators and the businesses. Therefore, unless companies take appropriate action addressing harassers’ behaviour, they could have to pay substantial compensation, as in discrimination claims there’s no cap on the amount that can be awarded.
“We believe the detrimental effect of relationships that go wrong on job performance shouldn’t be underestimated either. For example, a business could be disrupted significantly if former lovers work together and one wants to be moved. Even where there’s a suggestion of harassment and a transfer is essential, it can lead to further grievances from the employee moved, if it isn’t handled carefully. But where circumstances are less serious, it may be sensible to convene a meeting, to talk through the work-related issues, to try and reach a compromise.”
Mr Dawson said any complaints raised by a worker would need to be dealt with under the employer’s grievance or harassment policy and the disciplinary procedure, if one worker had acted inappropriately towards another. Often, employers simply viewed such situations as‘domestics’ and did not apply the full force of their disciplinary policies and sanctions available, including dismissal.
He said it was important, however, that employers applied appropriate sanctions, otherwise they risked adverse findings at employment tribunals. For example, Shulmans had advised on a case where a female employee alleged her ex-boyfriend, a colleague who was drunk, sexually assaulted her in her home while they were talking. This caused massive disruption to the employer’s business, as a full investigation was carried out and the man was suspended to avoid further acts of harassment.
Mr Dawson said: “As there’s very little that can be done to stop workplace relationships taking place, our advice is to seek to deal with any potential problems they cause as quickly as possible and ensure consistent treatment for all parties.
“Any companies unsure about how to deal with a work place relationship breaking down, especially where there’s a suggestion of harassment, should take legal advice from an experienced employment lawyer, to protect the business.”
Leeds Legal is the only city-based law sector marketing campaign in the country. The body promotes law firms in the area who provide high levels of service, legal expertise and practical and cost effective advice. The organisation also administers an international programme of events, supported by UK Trade and Investment.
