Discrimination: new definition of harassment will make it easier for employees to bring claims against law firms

Law firms should consider asking lawyers to enter into ‘love contracts’ if they begin office relationships, to protect the firm from new employment law provisions, a solicitor suggested this week.


A revised definition of harassment and sex discrimination, which came into force this month, will make it easier for employees to bring claims against firms for unwanted advances by colleagues.


Under the Employment Equality Regulations 2005, ‘harassment’ will include behaviour that is sexual in nature, as well as harassment on the grounds of someone’s sex. The legislation puts beyond doubt that unwanted verbal, non-verbal or physical conduct of a sexual nature – that creates an ‘intimidating, hostile, humiliating, degrading or offensive environment’ – could constitute harassment. Under the new rules, it will be the perception of the recipient that will be taken into account by the tribunal. There will no longer be a requirement for a worker to show that the harassment was on the grounds of their sex.


Slade de Lacey, an assistant solicitor at Devon firm Kitson Hutchings, said firms could be particularly vulnerable to claims where a relationship between employees breaks down, and one partner wants it to continue. He said: ‘Lawyers in the City spend a lot of time at work, and it is common for people to have relationships. In the US, some firms use “love contracts”, whereby they agree that they are in a relationship and will not sue each other when it ends. Some City firms might want to consider that following this legislation.


‘Quite a few law firms have an unspoken rule that if two partners become married or involved in a relationship, one of them will leave.’


He added: ‘If you are a practice manager, and you know a relationship has come to an end, you might now want to have a meeting with the parties to see whether one of them would prefer to move offices. However, you could still have an issue with “harassment” over the internal e-mail.’


Mr de Lacey said firms should ensure they have policies in place covering dignity at work, and should review their grievance procedures to make sure they cover harassment as a disciplinary offence.


The rules also introduce a clearer definition of indirect sex discrimination. They remove the requirement that the discriminatory action would be ‘to the detriment of a considerably larger proportion of members of one sex’.