Before the arrival of Covid-19 made home working the norm, the workplace was often viewed as a hub for budding romances, with statistics indicating that around 24% of people have confessed to having had relations with a co-worker at some point.
This is perhaps of little surprise, given that such a large part of our lives are spent at work. But while it might all seem like harmless fun on the surface, it is important to understand just how ill-advised a workplace romance is.
However, having a romantic relationship with a colleague can impact not only the participants’ careers but also the wider business. Here we discuss how to best protect all those concerned from the possible drawbacks of workmates pursuing passion while at work.
Are workplace romances legal?
While not ideal, legally speaking, employers cannot stop workers from having consensual relationships with each other.
Attempting to curtail a blossoming romance would be in breach of the Human Rights Act (HRA) 1998. Moreover, even if steps were taken to prevent dalliances in the workplace, relationships would likely carry on during personal time regardless.
What are the common issues?
Despite not being unlawful, workplace romances do pose an ethical challenge, especially where individuals work in close teams, or there is a gender or orientation imbalance.
Romances between colleagues can be distracting for both those involved and close colleagues, which can impact service quality. It is likely to foster an ethos of gossip and rumour, resulting in time-wasting or ill-feelings.
But most worryingly, however, there is the very genuine danger of sexual harassment claims being made, which is why it is so crucial that any romantic coupling be voluntarily declared to employers at the outset.
Making such a declaration will allow a business to take steps to mitigate such issues. This may include altering reporting lines, particularly if one half of the couple manages the other. This is because issues often arise when the line of accountability and responsibility becomes compromised by personal affections.
Addressing the balance of power
Regardless of whether someone is directly supervised by their suitor or not, if one person in the relationship is more senior, the balance of power will be uneven. An optometrist or practice manager who starts a relationship with a receptionist, or anyone more junior will hold influence over the trajectory of their partner’s career – for better or worse.
Imbalances of power can affect all manner of things, from pay-rises to performance reviews, promotions or bonuses. This can give someone an unfair advantage or a disadvantage, and that is the challenge.
These factors are the most common catalyst for workplace harassment claims because they blur the line between consensual relations and harassment at work.
Being sure that a power-imbalanced workplace relationship is voluntary is in itself tricky.
Might an admiring glance from a junior be misinterpreted for affection, when they were actually just appreciating your work? Can you be entirely confident that your subordinate has genuine feelings? Or could it be that they are worried they will be treated unfairly if they reject advances from their boss? They may even be manipulating the feelings of another to benefit themselves.
Putting seniority to one side, if romantic feelings towards a co-worker are not reciprocated, at best, there will be awkwardness. But, if those feelings are towards someone of lower seniority, they could simply go along with any advances through fear of the consequences otherwise. If someone feels pressured into relations or is marginalised for not submitting, this could result in sexual harassment claims.
What is more, if an employee reports unwanted sexual advances and is treated differently as a result (such as being overlooked for a promotion or being dismissed), employers could also be vulnerable to victimisation claims.
Protecting a business
It is a legal duty for employers to ensure the working environment is safe for all. This means actively working to prevent or address occurrences of sexual harassment should they occur. Simply ignoring romances with a power imbalance violates that duty of care and could result in greater issues in the future.
As such, it is reasonable for HR policies to request that employees entering into a relationship with a colleague inform management as soon as is practical. These policies should also outline the employer’s right to implement alterations to reporting lines to remove any potential conflicts of interest. Additional anti-harassment and bullying policies help communicate the grievance process that could arise following a failed relationship, or from an individual making repeated, unwelcome advances.
A code of conduct should be established to discipline anyone overstepping the mark, whether that is showing favouritism to a partner, or making unsolicited approaches to a colleague, either physically, verbally or digitally.
Although employers cannot prevent workplace romances, they can establish a fair and respectful working environment, where everyone is appropriately protected, whatever the future may hold.
- Tina Chander is the head of employment law at Midlands law firm, Wright Hassall.
