Managing workplace romances can be difficult for employers if those involved fail to distinguish between their private life and professional obligations. Although the period around Valentine’s Day can be an opportunity for organisations to show their appreciation to their staff, setting out clear rules and boundaries is essential for employers to minimise potential risk.

It may be a senior employee abusing their position to take advantage of a more junior worker, or individuals overstepping the mark and sexually harassing their colleagues, whether intentionally or not. It may even be a bad breakup that neither can escape as the (ex) couple must work together. Whatever the reason, relationships between co-workers are not always positive and it’s important to carefully consider how to approach this.

Sexual harassment

The Equality Act 2010 defines sexual harassment as where a person is subjected to unwanted conduct of a sexual nature where this has the “purpose” or “effect” of violating that person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. It can also occur where a person is treated less favourably because they have either submitted to, or rejected, sexual harassment which has this purpose or effect.

Since 26 October 2024, employers have been under a proactive legal duty to take reasonable steps to prevent the sexual harassment of their workers ‘in the course of employment’.

This includes preventing sexual harassment during work and in circumstances where the worker is not working but that relate to work, such as a staff party or a social gathering connected to work.

Employers should establish clear rules for employees, provide them with a policy outlining the organisation’s expectations and the consequences of breaching them, and train all employees on what sexual harassment is and what to do if it happens to them or they witness it.

To ban or not to ban

As a result of the risks, some businesses take a zero-tolerance approach to workplace romances. However, a total ban on relationships could breach employees’ overarching right to privacy, lead to relationships happening in secret and could give rise to discrimination or constructive unfair dismissal claims.

They’re also unlikely to be enforceable by a tribunal for being unreasonable in all but very limited circumstances. They also make workplace romances harder to manage as if they go on anyway, managers will be unable to manage these effectively or take steps to prevent any negative impacts on the workplace.

Rather than a ban, employers can use a workplace policy on personal relationships to set out the rules and obligations for those in an office romance. Most policies will include a requirement for those in close personal relationships to inform their line managers and outline rules around appropriate behaviour, confidentiality and discrimination. Encouraging individuals to disclose their romantic relationships will also help to differentiate between consensual relationships and unlawful sexual harassment, presenting a better chance of protecting staff from harm.

Takeaway

It’s a fact of life that romantic relationships can form between colleagues. However, it does not have to mean the organisation, or their work, will suffer as a result. With delicate management and a thoughtful application of workplace rules, the disadvantages can be reduced or removed.

By Stacie Cheadle, Croner-i technical writer

To read the full subscriber version of this article first published on CIPD HR-inform Pro, go to Managing romantic relationships at work

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