Workplace Relationships

Valentine’s Day celebrations have come and gone for another year, which brings to mind the issue of personal relationships at work and the impact this can have on the employer.

  Research has shown that personal relationships in one form or another are commonplace in the workplace. Given the percentage of time that people spend at work or socialising with work colleagues, this is hardly surprising. 

It is unrealistic for employers to prohibit romances at work and such provisions are unlikely to be enforceable if challenged before an employment tribunal.  As a general rule, therefore, employers should not interfere in the personal lives of their staff but the existence of a policy on relationships at work will signify that the employer has recognised the need to clarify its expectations and boundaries.

Introducing a policy on personal relationships at work

There are a host of reasons why it makes good business sense to consider implementing a policy on personal relationships at work. 

From a business perspective it is important to ensure that employees behave in an appropriate, professional and responsible manner when fulfilling their job duties.  On the other hand, employees are entitled to a private life and the employer must strike a careful balance between these rights to ensure its business interests are protected.

Whilst an open approach to personal relationships at work is important, unacceptable behaviour or a drop in work performance will need to be addressed.  It is important to highlight in any policy what behaviour/conduct is inappropriate or unacceptable in order that employees are aware that the disciplinary procedure could be instigated where conduct or work performance becomes an issue.

Dealing with potential problems

Any manager-subordinate relationship within the workplace will need to be managed sensitively.  Colleagues of the subordinate could make claims of bias or preferential treatment compared with other members of staff and, if and when such a relationship ends, there is a potential risk of the subordinate claiming less favourable treatment themselves.

Where an employee has access to confidential information or is in a position of authority over the other, or there is a potential conflict of interest situation, the employer may wish to exercise discretion to transfer one or both employees to an alternative post.  Caution is advised here, as moving the more junior member of staff, who in the majority of cases will be the woman, could lead to an allegation of sex discrimination and possibly constructive dismissal if the employee resigns and alleges breach of the implied term of mutual trust and confidence.

Employers must take care not to discriminate against employees on the grounds of their sexual orientation, so a policy of dismissing employees who are found to be in a homosexual relationship, for example, will be clearly discriminatory.

Relationship breakdowns can often lead to a number of problems being brought into the workplace including arguments and hostility and can sometimes result in key people being lost from the organisation.  

A further risk following a break-up is that one of the employees could make an allegation of sexual harassment or sex discrimination against the other party.  The employer could subsequently find themselves being held vicariously liable for failing to prevent this or not acting when the allegations were raised.  Effective grievance and harassment procedures will be important when dealing with such complaints.  Employers will need to show they have made every effort to deal with any allegation of sex discrimination or sexual harassment promptly and effectively and that all complaints are taken seriously.