Boundaries

Acceptable physical contact at work between employees is about maintaining appropriate boundaries:

• a friendly touch on the shoulder may be quite acceptable, even welcome for one person, but unwanted for another
• alternatively, between friends in the workplace, a touch on an arm or shoulder accompanied by a kiss to the cheek may be acceptable to both parties, but extended or alternative physical contact may be considered to be a breach of boundaries
• in the third instance, consideration should be given to the effect physical contact between employees may have on others who witness it. Development of practice policies which may place restrictions on physical contact should take account those employees who are openly in a relationship and the potential for the lines between acceptable and unacceptable behaviour to become blurred

Each employee’s boundaries regarding physical contact is different. Any unwanted physical contact at work can be stressful and may ultimately result in the employee’s happiness and work performance being affected.

Employee’s Rights

Every employee has the right to be treated with dignity and respect and not to be harassed or bullied.

The Equality Act 2010 (s26) describes harassment as:

“Unwanted conduct related to a relevant protected characteristic” which “has the purpose or effect” of “violating” dignity, or “creating an intimidating, hostile, degrading, humiliating or offensive environment” for the recipient.  

Bullying is not legally defined but ACAS defines it as:

“Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.”

Harassment or bullying is often associated with more extreme behaviour such as physical violence or ridiculing, rather than something like a pat on the arm. However, determining acceptable physical contact must take into account issues such as cultural differences and disability.

For example, one person with autism may thrive on all forms of physical contact whereas for another, a light touch on the hand may be sufficient to create an “intimidating” environment or become harassment.

Employers have a duty to ensure that employees do not suffer any form of unwelcome physical contact at work.  Your starting point to achieving this is by having a robust equality and dignity at work policy which covers:

(1) Informing employees  

It is vital that employees receive adequate information, training and guidance, starting with an induction, so that:

• the question of unacceptable physical contact is raised at the earliest stage
• managers understand the guidelines and are confident in their responsibilities

(2) Informal Action

Employees should, where appropriate, be encouraged to sort out matters informally because explaining to someone that their behaviour is unacceptable can often be sufficient to resolve the problem.

(3) Formal Action

Where informal action is inappropriate, for instance because of the nature of the physical contact, or when it has previously been ineffective, then your dignity at work policy needs to contain clear guidance on how to access support and what action will be taken in line with your disciplinary policy.

Patient Care

It is also important that you consider the question of physical contact with regard to “non-medical” support employees, and their involvement with patients to ensure that employees:

• understand what they can do to get help if they suffer unwanted physical attention from patients or other visitors to the practice
• receive some “safe practice” training about how to deal with situations, such as comforting a distressed patient so that they are clear about maintaining appropriate boundaries in those circumstances.