By Claire Mansell - 3 Apr 2018
- 2 comments
In light of the recent sexual harassment scandals coming
out of Hollywood (and closer to home), many people are wondering
whether old fashioned office romances are a thing of the past.
Given that one in five people meet their partner at work, this
could be bad news for singletons.
Sexual harassment has a specific definition under both the
Employment Relations Act 2000 and the Human Rights Act 1993.
Generally speaking, there are two types of sexual harassment -
coercion and annoyance. Coercion occurs where an employer requests
sexual activity in return for preferential treatment or as a threat
against the employee's ongoing employment. Fortunately, this type
of harassment is relatively uncommon.
Annoyance harassment occurs if an employee is subject to
behaviour, language or material which is sexual in nature and
unwelcome or offensive. The harassment must, either by its nature
or by repetition, have a detrimental effect on the employee. The
behaviour can come from the employer, a co-worker, customer or
client. The employee doesn't have to express that the behaviour is
unwelcome or offensive at the time.
So, asking a colleague out on a date is unlikely to fall under
the legal definition of sexual harassment. But, as always, context
is key. Two colleagues from separate departments going on a date
might not cause an issue, but a CEO repeatedly asking the office
junior out for a drink would be a different story. Also, many
employers have specific policies regarding sexual harassment and
inter-office romances. If you are a budding Romeo (or Juliet) it
will pay to double check your policies before making your first
move!
Contact
Claire
Mansell