HR Update - February 2025 - The Love Edition
Our monthly update on all things HR and employment law, from our HR Partnership team.
Posted February 26, 2025
As February ends and the hearts and plastic roses are being removed from restaurant windows, we’re taking a closer look at how the concepts of love and relationships play out in the workplace. In an environment where teamwork and connection are key, how do we ensure we are fostering the positive relationships that are vital for creating a thriving culture? And what happens when it goes too far!
Enjoy the read- as ever reach out for support if you need it-HRPartnership@jacksonhogg.com
Vicki Kneafsey
Unlocking Employment Law: What’s Changing & Why It Matters
Vicki Kneafsey
When Banter Goes Too Far: How to Keep Workplace Jokes Fun (and Safe)
It’s February, love is in the air, and with Valentine’s Day behind us, hearts and flowers may still be lingering in conversations around the office. But when workplace banter turns flirty or crosses into uncomfortable territory, things can quickly go wrong. Light-hearted jokes and friendly teasing can make the workplace enjoyable, but what happens when a joke isn’t funny to everyone? With over 57 employment tribunal cases last year involving workplace ‘banter,’ it's clear that joking around can land businesses in hot water if left unchecked.
What starts as harmless fun/ ‘banter’ can turn sour fast. Imagine a colleague putting an arm around someone and jokingly asking for a kiss. Or calling a coworker "babe" and making comments about their looks. Even comments like "fat" or "bald" between friends at work can escalate. Some people laugh it off, but others might feel awkward, embarrassed, or targeted. Sexual remarks or jokes about someone’s race, gender, or appearance however-Always a Big Red Flag. Even if the person making the comment didn’t mean harm, it’s how the other person feels that counts. Courts don’t care if it was "just a joke." If someone is offended, that could lead to serious consequences.
Besides creating an uncomfortable working environment, there are legal implications. Discrimination and harassment claims aren’t capped, meaning compensation can be hefty. Employers are now required to take reasonable steps to prevent harassment . In terms of remote work and group chats becoming the norm, those "harmless" comments in Slack or WhatsApp can still count as workplace harassment. And yes, employers can be held responsible for what happens outside of office hours.
A new Private Member’s Bill proposes expanding the Health and Safety at Work Act 1974 to include preventing workplace harassment, especially sexual harassment. While employers are already expected to have policies, training, and risk assessments in place (as per the Workers Protection Act 2023), this Bill ups the stakes even further. If passed, the Health & Safety Executive could enforce these obligations, with penalties including criminal liability and unlimited fines—far beyond the current 25% uplift on tribunal awards.
Even if the Bill doesn’t become law, it signals a growing push to hold employers more accountable. The government is also eyeing a ban on non-disclosure agreements (NDAs) in sexual misconduct cases, aiming to boost transparency and protect employee rights. With the Bill’s second reading set for 7 March 2025, now’s the time for businesses to review harassment policies, update training, and take proactive steps to keep the workplace safe—and compliant. Even if the Bill doesn’t pass, it reflects mounting pressure on employers to act. Acas data shows that, over the past nine months, 16% of sex discrimination cases involved sexual harassment. Helpline enquiries on the issue more than doubled in 2024, with employee calls up 59% in Q3 and employer calls rising 164% to over 100 for the first time. With the Bill’s second reading on 7 March 2025, now’s the time to review harassment policies, refresh training, and stay ahead of compliance demands.
Fun and laughter are part of a healthy workplace culture. But when jokes come at someone else’s expense, it stops being funny. As HR professionals, we believe you can help keep the vibe upbeat while ensuring everyone feels respected. Ask yourself (and encourage your team to do the same): Would you be embarrassed telling your gran what you said? Would you be upset if your behaviour was reported in a newspaper or social media? If the answer is yes, it’s probably best to keep that joke to yourself.
Let’s keep the love in the air friendly, fun, and above all, respectful.
Legal Spotlight: Key ER Cases You Need to Know
Vicki Kneafsey
Chen v De Newtown Ltd (2024), Air kiss does not constitute sexual harassment
In a recent UK employment tribunal case, Chen v De Newtown Ltd (2024), Miss Chen, an employee at a whisky bar, alleged that her manager, Mr. De Newtown, sexually harassed her by giving her an "air kiss" while walking her home from work. The tribunal, however, dismissed the claim, ruling that the gesture—made without physical contact—did not amount to "unwanted conduct of a sexual nature." The judge noted that Miss Chen likely misinterpreted what was intended as a friendly gesture, especially given their otherwise positive working relationship. No award was made as the claim was unsuccessful. This case highlights that not every perceived slight or awkward gesture amounts to harassment under the law, reminding employers and employees alike to distinguish between genuinely offensive conduct and benign actions that may be misinterpreted.
Bratt v JGQC Solicitors Ltd: (2024) Legal Secretary's Sexual Harassment Claim Upheld
In June 2024, legal secretary Megan Bratt successfully claimed sexual harassment against her employer, JGQC Solicitors Ltd. The employment tribunal found that firm owner Marcus Hall's conduct—including inappropriate comments about Bratt's appearance and sharing personal stories about his ex-girlfriend—created an offensive and intimidating work environment. The tribunal dismissed the firm's defence that these actions were mere "office banter," emphasising that such behaviour constitutes harassment under the Equality Act 2010. The exact compensation amount is to be determined. These ruling highlights necessity for employers to maintain professional workplace conduct and to address grievances impartially to prevent harassment claims.
HR Hot Takes: What's Sparking Discussion in HR
Jack Williams
With Valentine’s Day upon us, workplace relationships are once again a hot topic of discussion. While romance is in the air, employers must also consider the professional implications of personal connections in the workplace.
Workplace relationships are an inevitable aspect of professional life, often leading to increased collaboration and morale. However, recent high-profile incidents, such as the dismissal of Norfolk Southern's CEO Alan Shaw and chief legal officer Nabanita Chaterjee Nag for violating company policies with their romantic involvement, underscore the complexities these relationships introduce.
From an HR standpoint, it's imperative to balance the natural development of personal connections with the necessity of maintaining a professional environment. The BBC's "Managing Personal Relationships at Work" policy exemplifies this approach, emphasising transparency and the management of potential conflicts of interest.
Can Workplace Romances Actually Work?
According to Popsugar, while some workplace relationships succeed, they often require extra effort to maintain boundaries and professionalism. Romantic relationships at work can be a source of support and motivation, but they also demand maturity, open communication, and a clear separation between personal and professional roles.
The Wall Street Journal highlights that workplace relationships are not new, but they remain complicated due to power dynamics, company policies, and evolving cultural expectations. The Norfolk Southern case demonstrates how such relationships can escalate into serious corporate concerns, especially when transparency is lacking.
HR Considerations
HR’s role isn’t to police relationships but to ensure professionalism and fairness. Key considerations include:
- Transparency: Encouraging employees to disclose relationships that might impact workplace dynamics.
- Professional Boundaries: Ensuring personal relationships do not interfere with professional responsibilities.
- Conflict of Interest: Managing situations where personal ties could influence decision-making.
- Harassment Protections: Reinforcing that all relationships must be consensual and free from coercion.
While some may view such policies as intrusive, they are essential for fostering a respectful and equitable workplace. The goal is not to interfere in personal lives but to prevent scenarios where relationships could lead to perceptions of favouritism or actual conflicts of interest.
Ultimately, workplace relationships, when managed with clear policies and open communication, can coexist with a professional environment. It’s the responsibility of HR to navigate this delicate balance, ensuring that personal connections enhance rather than hinder organisational integrity.
The HR Compass: Navigating the Future of Work
Vicki Kneafsey
Does ‘The One’ Exist? What makes someone truly love their job?
Valentine’s Day brings with it an opportunity to reflect on relationships, love, and what truly makes us feel connected in love and life. But what about the relationship we have with our jobs? Is it possible to for employees to really love what they do -or is that just something that companies and HR people say is possible?! Jackson Hogg’s ‘why?’ is that we believe “everyone deserves to love what they do”. Research from Gallup reveals that only 15% of employees worldwide are engaged in their work which means there are a whole lot of unhappy and unfulfilled employees. With this in mind how can an organisation’s people strategy help employees feel that passion for their work?
One of the key elements in creating an environment where employees can fall in love with their job is company culture- the invisible thread that binds teams together and makes people want to show up every day. A recent survey by HR Magazine found that "A third of British employees have quit their jobs as a result of dissatisfaction with their company's culture. Cultural fit is a deeply personal aspect of work and varies from individual to individual- as well as potentially changing depending on life stage of an individual. Some employees thrive in an environment that values flexibility and work-life balance, while others may prefer a fast-paced, high-performance culture with clear structure and expectations. Aligning with a company’s culture makes an employee feel seen and heard- a bit like the early days of a romantic relationship when everything just clicks!
Fostering equality and inclusion plays a crucial role in culture within the workplace. When employees feel valued, regardless of their gender, ethnicity, or background, they’re more likely to connect with their company. That feeling that ‘this person just gets me’. This is crucial for smaller businesses where enhanced renumeration and benefits packages may not be an option. Creating a strong culture doesn’t necessarily require a big budget. Nurturing and protecting an environment where respect, transparency, and open communication thrive, comes for free. Simple actions, like providing regular feedback, celebrating diverse perspectives, or supporting flexible working arrangements, can have a huge impact. CIPD research shows that 72% of employees believe a culture of inclusion boosts job satisfaction, highlighting how inclusivity is a key driver of engagement.
That being said, no one wants to feel like they’re undervalued and pay and recognition are powerful love languages in the workplace. Competitive salaries and benefits can certainly help employees feel more appreciated. Again though it’s not just about the numbers. Recognition, whether through bonuses, praise, or a simple “thank you,” is critical. According to the CIPD, 60% of employees who feel recognised are more likely to be motivated and stay with their current employer. It’s not always the pay that keeps people happy—it’s being acknowledged for their contributions. Isn’t this the way in all healthy relationships?
In today’s digital age, many people spend more time checking out potential employers than they do before a perspective first date. Websites like Glassdoor provide insights into company culture, pay, and employee satisfaction. It’s a bit like stalking someone’s Facebook profile before deciding whether to take the plunge and ‘date’ them—or apply for that job. A CIPD study showed that 79% of job seekers are likely to use company reviews to evaluate potential employers. This level of transparency is crucial for candidates today, who want to know what they’re getting into before they commit to a long-term relationship. For employers, this means managing your reputation is key. Your company's values and work culture should shine through in your online presence. It’s not just about ticking boxes; it’s about showcasing what makes your workplace special and ensuring day to day life is reflective of these values. No catfishing allowed!
Studies show that Generation X tends to value work-life balance, whereas Millennials are drawn to companies with strong ethical values and opportunities for personal growth. Meanwhile, Gen Z is all about authenticity and inclusion. Each generation expects something different from their work environment, and employers must adapt to attract the best talent. It’s a bit like love – no two relationships are the same, and that’s okay. Understanding the unique needs and preferences of each individual is key to building lasting commitment within your organisation. In today’s world, there’s no one-size-fits-all approach to work. By tailoring your approach to suit the diverse styles, values, and expectations of your team, you can foster a more engaged and loyal workforce. After all, that’s what makes relationships work—compromise and understanding.
So what’s the takeaway? Maybe an active LinkedIn profile job alert setting is a little like swiping through Tinder when you’re in a relationship. When things aren’t quite right, you keep your options open. But when you truly love your job, those alerts go off – and you couldn’t care less. The key to success is to focus on creating a culture where employees don’t feel the need to swipe right on other opportunities. Without a strong people strategy, it’s like trying to find love without Cupid—HR can be the matchmaker that brings people and their dream roles together, ensuring the connection is strong and lasting.
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