Love is in the air with Valentine’s Day fast approaching. It’s one those occasions where personal and professional lives can intersect, with potential to cause disruption in the workplace.

Whilst it’s a day to show appreciation for the ones you love, in the office this can quickly translate into awkwardness – or worse. The line between flirting and sexual harassment is very fine and can often be blurred.

The key difference between sexual harassment and flirting, is that harassment is unwelcome behaviour. It is defined by the Equality Act 2020 as “unwanted conduct of a sexual nature”.

Sexual harassment poses a problem in workplace environments, with The Equality and Humans Right Commission stating that “no workplace is immune, and a lack of reported cases does not mean it has not occurred”.

To be classed as sexual harassment, the unwanted behaviour must have violated someone’s dignity, whether intentionally or not, and/or created an intimidating, hostile or offensive environment.

Some people could be unaware that they are a victim of sexual harassment, often mistaking it for flirting, so it’s more important than ever that employers create a workplace environment where staff feel comfortable, safe, and protected.

Sexual harassment can happen to anyone, men, women and people of any gender identity or sexual orientation, and employers must be aware of this.

Anyone who sexually harasses someone at work is responsible for their own actions. But employers have a responsibility too, known as ‘vicarious liability’. By law, an employer must do everything they can to protect their staff from sexual harassment and have a duty of care to look after the wellbeing of their employees.

Sexual harassment in the workplace must be dealt with effectively and efficiently, so employers should have measures in place to prevent it.

Organisations should aim for a culture of zero tolerance of sexual harassment. This could include a specific policy with a range of options to report a complaint such as a line manager or trade union representative. And, having a social media policy which makes clear there is zero tolerance of sexual harassment at work, including on personal devices, is also a good idea.

It’s important that both employees and employers are aware of what is and isn’t acceptable in the office for Valentine’s Day, including in terms of gift giving. Even if done with good intentions, there is potential for this to be seen as an unwanted advance.

Sending an employee or co-worker a gift has the potential to make the gift-giver seem unprofessional and could cross the line. If you are in a romantic relationship with a co-worker and want to give them a gift, it is perhaps a better idea to do this outside work. It’s also a good idea to not send gifts or cards to managers and bosses, as this could give out the wrong message and the recipient may misunderstand your intentions.

If as an employer you do want to do share some love with your staff on Valentine’s Day, I would suggest taking the team out for lunch or bringing in chocolates for everyone to share.”