I don’t mean to be a Valentine’s scrooge but there is a part of me that thinks it is best left out of the workplace. In the wake of the #MeToo movement which shows no sign of slowing, I can’t help but think Valentine’s Day at work is a bit like opening Pandora’s box for a plethora of sexual harassment complaints.
Now, more than ever organisations must ensure that they prevent, or if prevention fails, they deal with unlawful harassment as a matter of urgency as soon as they find it.
Scenario
Two employees who work in sales, one is the line manager, Ben, the other one, is a direct report of his, Sarah. Ben has offered to provide Sarah with sales leads, increasing her commissions, if she will go for a drink with him after work. This should immediately set off red flags for any employers as completely inappropriate and unacceptable behaviour. But, what if Ben simply sends Sarah a valentine’s card (with no mention of sales leads), is this ok?
In the workplace
People spend an enormous amount of time in the workplace, so it is no surprise that relationships do develop between work colleagues. Relationships are complex, so when you add in working together, it can really add to the complexities.
Many of us will have had to deal with an unwanted admirer at some point in our lives. Whilst some people will not give a second thought to rejecting someone’s advances or attention, other’s will find this extremely awkward and in some instances causing them to feel anxious or stressed. When you add being colleagues in to the mix it can feel even more awkward. Having to sit opposite someone and not being able to escape the situation, or worrying that rejection could put your job or career in jeopardy can really amplify the situation.
However, innocent or well-meaning someone’s intentions, whether they are misinterpreted or not, if they leave another person feeling awkward or appear as sexual harassment or gender discrimination, then an employer must take a complaint seriously and act on it. Any complaint should be thoroughly investigated.
Policies and procedures
Ensure your anti-harassment policies are up to date and regularly reviewed, with clear definitions, examples and the investigative procedures outlined. They need to be enforced and clearly communicated showing that your organisation is completely committed to be a harassment-free workplace.
Uncovering the truth as soon as possible and dealing with it transparently will help to protect your business.
Remember that banter, offensive jokes based on gender from one employee to another employee can leave an employer liable.
If you find yourself in the position where a complaint has been made about one employee by another employee, and after fully investigating there is no documentary evidence or witnesses to prove or disprove the harassment claim, then how should you proceed?
Communicate with both parties about what the investigation found and use it as an opportunity to remind everyone of what is and isn’t acceptable behaviour. You may need to use mediation to help the employees involved to continue with their working relationship.
It is highly likely that personal relationships will develop in the workplace and in majority of cases employees will be professional whilst at work. As an employer having clearly communicated policies and procedures about what is and isn’t acceptable behaviour in the workplace, will help to protect employees and the business. Make sure line managers are given guidelines on managing personal relationships at work.