At Lincs Law, we are often contacted by employees who are facing disciplinary action because they have allegedly touched a colleague at a work event. These employees are often shocked when they are told their actions outside of the office could amount to discrimination. In this blog, we provide a summary answer to the above questions.
Is Touching a Colleague at Work Inappropriate?
The short answer is yes; it can be.
Touching a colleague at work can amount to inappropriate behaviour, unwanted conduct and discrimination.
If the Touching Occurs at a Work Event, Can I be Sanctioned?
Again, the short answer is yes, you can be.
Your employer can still sanction and dismiss you if the incident occurs at a work event which takes place outside of the office, for example, a conference, restaurant, bar etc.
To explain, conduct outside the office can result in disciplinary action if it relates to the course of your employment. Work events are often seen as an extension of the workplace as it relates to your employment relationship.
Can Touching a Colleague at a Work Event be Discrimination?
Again, the short answer is yes, potentially.
One form of Discrimination under the Equality Act 2010 is harassment. Harassment is defined as:
“Person A harasses Person B if Person A engages in unwanted conducted which relates to a Protected Characteristic and the conduct has the purpose of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment for Person B”.
Protected Characteristics for harassment claims are sex, sexual orientation, age, gender reassignment, religion or belief, race, and disability.
Therefore, the following examples of touching at a work event could be deemed harassment:
- Touching or stroking a male colleagues bald head.
- Touching or patting a female colleague’s pregnant belly
- Placing your hand or touching a colleague’s back, bum, shoulder or thigh.
- Cuddling a colleague when they didn’t ask or initiate it.
- Touching someone’s hair.
My Employer Has Started a Disciplinary Procedure – What Should I Do?
Firstly, try not to panic. If a colleague has made a complaint to your employer that you touched them (or someone else) inappropriately, or that your contact made them feel uncomfortable, then your employer has a duty to investigate the complaint. This duty would apply if the alleged conduct occurred at a work event.
Your employer will likely investigate the allegations. If they find there is a potential case to answer, then they will likely proceed to a formal Disciplinary Hearing.
They will need to follow their own Disciplinary Policy and conduct a full investigation before inviting you to any Disciplinary Hearing.
These types of allegations are potentially very serious and could lead to serious consequences and sanctions, including dismissal. If you are invited to a formal Disciplinary Hearing, it is important to take specialist employment advice on how best to defend your position.
How Can Lincs Law Help You?
If would like further help and advice in respect of allegations of discrimination or inappropriate conduct, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information, please visit our website https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/
Jasmine Stewart
Specialist Employment Solicitor
Tags: Disciplinary after work event disciplinary hearing discrimination at work employment advice Harassment allegations at work Harassment at a work event jasmine stewart lincs law employment solicitors misconduct