Hotline advice expressed here, and in calls to us, is made in good faith to our members. Schools and colleges should always take formal HR or legal advice from their indemnified provider before acting.

Leaders’ surgery

The party line

Q: I am a deputy head and the end-of-year staff party at a local pub got a little out of hand with some staff ‘abusing’ others, and some ‘mutual’ kissing and overt sexual behaviour. Is there anything I can do?

A: Yes! While ‘fooling around’ between consenting adults is legal, if this was clearly a school staff event then normal standards of staff behaviour should apply. In addition, if staff are behaving badly towards one another, then this could affect relationships within the workplace when they have sobered up, and you could take some form of action through management guidance or, depending on the ‘abuse’, disciplinary action but you would need to seek further advice from your HR adviser.

Two other strands to explore are that, first, this misbehaviour was in a public place and the staff obviously ‘belong’ to the school – hence the school could be brought into disrepute by such behaviour and this is clearly a breach of disciplinary rules. Second, for teachers, the Teachers’ Standards (part two) place a duty on teachers to uphold the professional standards through their behaviour, and your description sounds like a breach of the expected behaviour.

Lastly, we would advise that at staff parties there is still a duty of care to the staff by the employer and finding some way to sensibly limit alcohol input by staff would be an expression of that duty.

Advice on office romance

Q: I am a business leader and we have two members of staff, one a senior leader and the other in the support staff, who have started a lesbian relationship. The headteacher has told the leadership colleague she should end the relationship or leave. Are we heading into trouble? 

A: Simply – yes! ‘Attachments’ between staff happen and it is fairly common! Beyond developing relationships as you describe, there are schools where, for example, wife and husband, parent and child, and even ‘ex’ partners alongside new partners are working together. The rules are always the same – the relationship must not lead to an abuse of the school position that either holds.

In the case you describe, if the senior member of staff has no line management or work direction responsibility then the relationship should not affect the running of the school. In some cases where there is a direct ‘power’ relationship, then it is fairly easy to put in place steps to ensure that this power, or influence the other way, is not abused. The starting point to the relationship not affecting the school is for those in the relationship to be open with their school as their employer.

Often in these situations other colleagues may perceive an undue influence or unfair treatment because of the relationship and openness with other appropriate colleagues helps to reduce this perception. The school can give guidelines as to the limits of personal behaviour demonstrated in the workplace and breaches of this could lead to disciplinary action – likewise public behaviour that could bring the school into disrepute can be challenged.

The fact that the relationship is lesbian is of total irrelevance. We would advise some urgent remedial action with your head with the support of HR to ensure that you do not end up with major issues.

ASCL members concerned about leadership issues should call the Hotline on 0116 299 1122 or email hotline@ascl.org.uk

David Snashall and Rachel Bertenshaw are ASCL Hotline Leaders

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