At Lincs Law, we are often contacted by employees who are facing disciplinary action because they have allegedly touched a colleague at work. These employees are often shocked when they are told their actions 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.
Often when we hear the phrase “inappropriate touching” we automatically think this relates to contact of a sexual nature. However, this is just one example of inappropriate touching. In the workplace, touching a colleague on the shoulder, neck, head, or legs can all be deemed inappropriate and discriminatory.
Can Touching a Colleague at Work 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 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.
Can I be Disciplined for Touching a Colleague at Work?
Again, the short answer is yes.
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.
Your employer will likely investigate the allegations. If they find there is a potential case to answer, then they should proceed to a formal 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.
You may also face other serious repercussions alongside work-place disciplinary. If your behaviour falls within the definition of Discrimination, then your accused could issue Discrimination Claims against you individually at the Employment Tribunal. Again, if a claim is brought against you at the Employment Tribunal, it is important to take specialist employment advice.
How Can Lincs Law Employment Solicitors 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
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