Here at Lincs Law Employment Solicitors, we often advise clients facing disciplinary proceedings. These proceedings can sometimes relate to a romantic relationship that has developed between two colleagues. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
Can I Be Disciplined For Being In A Relationship With a Co-Worker?
If you are in a relationship with a co-worker, this could result in disciplinary action being taken against you by your employer.
Here at Lincs Law Employment Solicitors, we have advised many clients in relation to disciplinary allegations which have focussed on their romantic relationship/interaction with a co-worker. Common examples of how this can be treated as a misconduct issue at work include where:
- The relationship itself is in contravention of a specific policy or procedure in some way.
- The employees failed to disclose their relationship to a manager and/or HR, in breach of a specific policy or procedure.
- There are concerns the relationship has caused, or will cause, concern amongst other colleagues. For example, where one party of the relationship has management responsibilities over the other party. This can cause concerns over favouritism, for example.
- The employees engage in inappropriate physical conduct in the workplace.
- The relationship ends and one party engages in unwanted conduct. This could cause issues of harassment in the workplace contrary to a specific policy and the Equality Act 2010, for example.
Whilst commencing disciplinary proceedings in relation to a relationship between co-workers may be justified, this is not always the case. Here at Lincs Law Employment Solicitors, we have assisted many clients who have unfairly been disciplined because of their relationship with a co-worker. Each case will be very fact specific. If you are facing disciplinary action at work, we would therefore always recommend you take specialist employment advice as soon as possible. We are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Can I Be Dismissed For Being In A Relationship With a Co-Worker?
The short answer is, yes you can.
As above, if your relationship with your co-worker is deemed to be a misconduct matter, your employer could start disciplinary action against you.
To explain, your employer should follow their own disciplinary procedure and, in any event, the ACAS Code on Disciplinaries and Grievances. Essentially, they should:
- Inform you about the allegations against you;
- Investigate the allegations to establish the facts of the case. This may, or may not, include holding an investigation meeting with you (for more information about this, please see here – https://lincslaw.co.uk/blog/i-have-been-invited-to-a-disciplinary-investigation-meeting-what-should-i-say/);
- Decide if there is a disciplinary case to answer;
- If there is no disciplinary case to answer, no further action should be taken. If there is a disciplinary case to answer, they should notify you of a disciplinary hearing;
- Before any disciplinary hearing, provide you with sufficient information about the alleged misconduct and explain the possible outcomes of the disciplinary hearing;
- Allow you to be accompanied at the disciplinary hearing (for more information about this, please see our blog here – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-disciplinary-hearing/ ) ; and
- Decide on the appropriate action and confirm the outcome in writing; and
- Provide you with an opportunity to appeal the outcome.
The disciplinary process could result in you being dismissed from your employment. This will very much depend on your actions and personal circumstances. Your employer could decide that your actions are so serious they constitute gross misconduct and warrant summary dismissal (i.e., without notice). To be clear, this could be the case even if you have a completely clear disciplinary record. Your employer may still consider your actions are sufficiently serious to break the employment relationship.
Alternatively, you may already have a live warning or disciplinary sanction on your record. In such circumstances, even if your relationship is not deemed gross misconduct, your disciplinary record could push any disciplinary sanction to dismissal.
However, whilst being dismissed for being in a relationship with a co-worker may be reasonable in some circumstances, this is not always the case. Here at Lincs Law Employment Solicitors, we have assisted many clients who have been unreasonably dismissed because of their relationship with a co-worker. This very much depends on each case. If you are in this situation, we are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
I Have Been Dismissed Because Of My Relationship With a Co-Worker – What Should I Do?
If you are dismissed from your employment, you should be afforded the opportunity to appeal the decision. For more information about this, please see here – https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/
If you are unhappy with your employer’s decision to dismiss you, we would advise you submit an appeal. This is because:
a) If you do not appeal, your dismissal will remain on your personnel record and cannot be challenged (internally) months later. Think of your appeal as your last chance to challenge your employer’s decision, to put forward your case and potentially change the outcome. By submitting an appeal, your employer may consider your submissions and change the outcome. For example, you could be reinstated with a Final Written Warning.
b) Also, if you are considering pursuing a claim in the Employment Tribunal, an Employment Tribunal Judge will expect you to have exhausted all internal processes which would include appeals. They can reduce your compensation if you fail to do so.
For more information about this, please see here – https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/
I Have Been Dismissed Because Of My Relationship With a Co-Worker – Do I Have An Unfair Dismissal Claim In The Employment Tribunal?
Generally, you need at least two years’ continuous service with your employer to bring a claim of Unfair Dismissal at the Employment Tribunal. There are, however, limited exceptions to this rule. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/unfair-dismissal-less-than-two-years-service/
If you have at least two years’ continuous service with your employer or one of the exceptions (as above) applies, you may have a potential claim for Unfair Dismissal in the Employment Tribunal.
To explain, in a claim of Unfair Dismissal, the burden would be on your employer to prove to the Employment Tribunal that:
- They had a potentially fair reason to dismiss you; and
- In the circumstances, it was reasonable to dismiss you.
Here at Lincs Law Employment Solicitors, we have assisted clients who have had Unfair Dismissal claims after being dismissed because of a relationship at work. For example, where their employer:
- Could not have had a genuine and justifiable belief they had committed the act(s) of misconduct based on the investigation conducted and/or
- Failed to follow a fair disciplinary procedure and/or
- Made an inconsistent decision to dismiss them from their employment i.e., where other colleagues had acted in a similar manner but had not been dismissed. For example, where the other party of the relationship was not disciplined and/or dismissed.
Here at Lincs Law Employment Solicitors, we recognise that each client’s circumstances are different. We would therefore advise you to seek detailed specialist advice in relation to your situation. We are here to help. By providing you with advice about your situation and by setting out your options clearly, we can help you regain some control over your workplace issues and make informed decisions about how you want to go forward. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
I Have Been Disciplined/Dismissed Because Of My Relationship With a Co-Worker – Do I Have A Discrimination Claim In The Employment Tribunal?
The answer is potentially, yes!
Here at Lincs Law Employment Solicitors, we often assist clients who have been disciplined (and potentially dismissed) because of their relationship with a co-worker. All too often, the other party of the relationship has not been disciplined or dismissed. Sometimes, they have not even been investigated.
Depending on the facts of the case, this can sometimes give rise to issues of discrimination. For example, where a male and female colleague have been involved in a relationship with one another and only one party is disciplined (and potentially dismissed). This could give rise to a sex discrimination claim pursuant to the Equality Act 2010.
Importantly, there is no length of service requirement to pursue a claim of discrimination in the Employment Tribunal.
If you are in this situation, you should seek specialist legal advice to consider your legal position. Here at Lincs Law Employment Solicitors, we are here to help. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Beware Of Employment Tribunal Time Limits!
If are being disciplined by your employer because of your relationship with a co-worker, you should seek specialist legal advice as soon as possible as you may have a claim to pursue in the Employment Tribunal.
Time limits at the Employment Tribunal are extremely short and many employees with legitimate disputes have found themselves barred from bringing their claim because they were out of time.
As a general rule, you must start the litigation process by starting ACAS Early Conciliation within three months (less one day) of the act, omission or incident your claim is about. For more information about this, please see here – https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand that facing disciplinary action at work can be a very daunting and worrying time. If you are in this situation, we are specialist employment solicitors and here to help.
Please contact us via our contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Alternatively, you may find my other blog here helpful – https://lincslaw.co.uk/blog/top-tips-for-employees-how-do-i-prepare-for-a-disciplinary-hearing/
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances Appeal against Disciplinary appeal dismissal defending a disciplinary disciplinary at work disciplinary dismissal disciplinary investigation Discrimination employment solicitor equality act 2010 Harassment Kate Key lincs law employment solicitors relationship at work specialist employment solicitor