Too close for comfort.
Q: Spring appears to be in the air. One of my managers has been seen “socialising” with a junior member of her team. Everyone’s now talking about it in the office. What shall I do?
A: This can be a tricky situation to deal with. Don’t jump to conclusions. It may be that there is nothing in it and that people are making a mountain out of a molehill; equally, it may be evidence of a relationship. In either case, there are certain actions that you can take as an employer to make sure that the company is not at risk.
Given the ‘long hours’ culture of England, and particularly the design industry, it is unsurprising that a high proportion of people meet their future partners at work. Similarly, dynamic environments attract dynamic people, and there is nothing more sexually dynamic to some people than power. Hence, relationships between people with different levels of responsibility are common.
Whilst you may feel it is OK to turn a blind eye so long as neither party’s work is affected - after all, people are people and people love gossip – it is important to consider the potential risks to the business of an office relationship. The most obvious is that of a sexual discrimination claim. And, there is no cap to the financial award that an employment tribunal could make in this instance.
I’ve heard of all sorts of reactions to these situations, but the extremes are these:
– ignoring it; which leaves the company open to all sorts of behavioural risks such as accusations of favouritism, lack of confidentiality, not to mention ridicule and lack of respect, which makes effective management virtually impossible;
– taking a hard line; which can mean that the more junior party is asked to leave, thereby risking sexual discrimination claims, given the higher proportion of male senior management.
Some companies have a “non-fraternisation” policy i.e. relationships between staff members are not encouraged. If they do take place and they happen to be between a manager and subordinate in the same team, then one party has to move from that team. The difficulty, of course, arises in that it is commonly easier to move the more junior person, and hence we could be back to the higher potential of sexual discrimination.
On balance, you need to ensure that you treat such cases fairly and consistently and that you act to remove as far as possible any opportunities for discrimination whether they be positively or negatively favourable.
· Consider having a non-fraternisation policy that is clearly communicated to staff – a tribunal will always look for a company policy that clearly outlines the expectations of the company and the possible consequences of non-compliance.
· Raise the issue with the parties concerned and make them aware of the potential consequences to the organisation, notably the importance of professionalism in the way they conduct themselves.
It is not your responsibility to dictate how someone conducts their private life, but to ensure that staff meet their contractual obligations and that any potential risk to the business is minimised.
May 2005
FX Magazine