Context: “Two of our Managers were found having sex in the bathroom – what should we do?” First and foremost – an awkward situation if there ever was one!
The Issue: It’s tempting for many Senior Managers to avoid the issue of sex in the workplace due to the uncomfortable nature of the topic, and a desire not to let the office ‘rumour mill’ get wind of the story – but at its core, this issue requires addressing immediately due to the Workplace Health and Safety risks that it poses to both of the participants.
Employees have a duty to act in a way that does not pose a health and safety risk to themselves or others, and in this case, it’s no different to any other health and safety violation including two people – they are both endangering themselves and someone else, because last I checked workplace bathrooms weren’t designed for that sort of activity!
What should you do?: Firstly investigate the issue – speak with both individuals concerned and make sure that the facts are straight (if you were not the one to witness it). Take notes of their version of events, and consider what they have to say carefully. If, following this you believe both employees to be guilty of the unsafe conduct; depending on the workplace (and the level of risk involved) it may then become appropriate to issue a warning in relation to the unsafe act – but as always, check the facts and speak with your HR On-Demand Account Manager for advice specific to your situation.