VIEWPOINT


imbalance of power. It can affect anything from promotions to performance reviews, time off, pay, or bonuses. It can put someone at a very unfair advantage or real disadvantage, and that is what is crucial here. Power imbalances are the most common catalyst for workplace harassment claims, which is claims; something bought to the fore by the #MeToo movement has brought to the forefront by highlighting the perceived line between voluntary, consensual relations and harassment at work. Proving that a workplace relationship that has power imbalances is entirely voluntary can be tricky. For example, could that approving look from a subordinate be misconstrued for affection, when in fact they were simply admiring your work? Can you be 100% confident that your junior is dating you because they have genuine feelings? Or could it just be that they are worried that they will be treated badly, or unfairly if they reject their boss’ advances?


Taking hierarchy out of the equation, if you make clear romantic intentions towards a co-worker and those feelings are not returned, at best, it will create an awkward work environment. However, should that person be a direct report or someone of lower seniority, they could simply choose to go along with those advances through fear of what the consequences might be for snubbing you.


If at any point someone feels pressured into having relations or is singled out or marginalised for their rejection, this could well end up in a sexual harassment claim. Furthermore, if an employee complains of unwanted sexual advances and then is treated differently as a result (such as being overlooked for a pay rise or even being dismissed), employers could be additionally vulnerable to victimisation claims.


Protecting a business Employers who turn the other cheek when the boss starts dating their assistant, are risking claims of sexual harassment if they fail to have the appropriate HR policies in place. In addition, should an employee be dismissed as a result


of their relationship status, there may well even be grounds for unfair dismissal.


Businesses all have a legal duty to make sure that the working environment is safe for all. This means they should be able to highlight, prevent and address instances of sexual harassment as and when they occur. Inertly excusing romances with a power imbalance is a direct violation id that duty of care and result in huge issues further down the line. For this purpose, it’s entirely reasonable that HR policies request any employees wishing to enter into a relationship with a colleague, must inform management at the earliest opportunity. These policies may also wish to outline the management’s right to introduce changes to reporting lines in order to remove any likely conflicts of interest, ultimately ensuring that relationships aren’t conducted between bosses and their immediate subordinates. All of these policies should always be well communicated throughout the team so that ignorance cannot be claimed. It is also prudent that guidance be written into staff handbooks or other relevant HR documentation. It is advisable for a code of conduct to be established to manage anyone seen to be overstepping the mark, whether that’s showing undue favouritism to a partner, or making, unsolicited approaches to another person, either physically, verbally or via phone or email.


Although employers aren’t able to physically prevent workplace romances, they can create a fair, and respectful working environment, where all parties are properly protected, whatever the future may hold. BMJ


Tina Chander is the Head of Employment Law at Midlands law firm, Wright Hassall and deals with contentious and non-contentious employment law issues, acting for small businesses to large national and international corporates. She advises on a variety of employment law matters, including all aspects of employment tribunal proceedings and appeals.


May 2022 www.buildersmerchantsjournal.net 21


Contact: KELLY BALL M +44 7855 745392 Kelly.ball@unilin.co.uk


LAMINATE


VINYL


WOOD


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44