With Valentine’s Day approaching and with a quarter of all adults in Britain being in relationships with someone they met at work, it is quite plausible love may be in the air in your workplace. But personal and professional lives can sometimes intertwine, with the potential to cause disruption or inequity.

Whilst there are plenty of potentially positive outcomes arising from office relationships, for example, heightened morale and an increase in communication, creativity, and energy. On the other hand, unrequited feelings as well as break-ups can cause a tense, uncomfortable atmosphere, not only for the wannabe/former lovebirds, but their colleagues as well.

Whilst I have worked with some companies who seek to put a complete ban on inter-office romances, this is almost impossible to enforce.

In this article HR Optimisation looks at how employers can manage the good, the bad, and the ugly when it comes to workplace romances and how it may be prudent to have a disclosure policy where those in a position of responsibility or making career decisions may be involved in work place relationships.

Benefits of workplace relationships: Increased morale, retention, and productivity

Having healthy workplace relationships and interaction can bring a deepened sense of belonging and often contribute to increased happiness and sense of connection. Warwick University research has shown happy employees work harder and are up to 13% more productive. Further where two employees are in a same workplace relationship and this relationship is permitted, the likelihood of one leaving is reduced (assuming they remain together!).

The bad: When a romantic relationship fails…or builds a lack of trust

It’s going to be important that both parties understand appropriate standards of behaviour and the importance of maintaining a professional setting at work, and that domestic disputes should be kept out of the workplace. Not only can it create an uncomfortable environment, if two employees are unable to work together amicably, productivity could take a dip and colleagues could be resentment if they’re left to pick up the slack.

Having two colleagues dating can also leave some employees feeling alienated in talking about their own emotions and personal circumstances if they feel there is a risk their confidentiality may be compromised as a result of the dating colleagues ‘holding no secrets’ with each other or that one party might be feeding information about disgruntlement etc to their partner against their wishes.

In these circumstances it is a good idea to refer employees to your relationships at work policy, highlighting expected standards of behaviour in the workplace. Ensure that professional standards are always upheld; if not then they would be subject to disciplinary procedures and, potentially, even dismissal.

The ugly: Senior/delegate relationships

I cannot stress enough, that being in a relationship should never impact a person’s career; doing so can lead to claims of discrimination or constructive dismissal.

In some situations, it may be beneficial to move employees who are in a relationship to separate teams, to ensure the relationship has no impact on their professional life nor bias the equitable decision making of pay and promotion decisions which could impact others. This will all depend on individual circumstances so there is no one-size-fits-all approach.

In general terms, it may be inappropriate for a junior employee to work directly with, and be responsible to, a senior employee if they are in a romantic relationship together. A workplace relationships policy will be beneficial here and could include guidelines such as banning senior and delegate relationships, requiring disclosure of relationships or for seniors to move positions when such relationships develop.

As mentioned prior, confidentiality is another big consideration, should pillow talk turn to office gossip. Again, a policy that outlines the rules around divulging sensitive information and the consequences for doing so, e.g. disciplinary action, will be beneficial.

The very ugly: Sexual harassment

The line between flirting and sexual harassment is very fine and can often be blurred.   It is important to make sure employees are trained in how to recognise and respond to potential incidents of sexual harassment.  ACAS defines sexual harassment as “unwelcome behaviour which has violated someone’s dignity, whether intentionally or not, and/or created an intimidating, hostile or offensive environment”.  For example, if an employee makes jokes about a colleague’s sex life, indulges in unwelcome touching or sends offensive emails or texts, this could all be considered harassment. Likewise, Valentine’s Day cards with inappropriate messages in, or unwanted Valentine’s gestures, could be deemed sexual harassment.

Anyone who sexually harasses someone at work is responsible for their own actions. But employers have a responsibility too, known as ‘vicarious liability’.

By law, an employer must do everything they can to protect their staff from sexual harassment  and have a duty of care to look after the wellbeing of their employees.   The Worker Protection Bill (Amendment of the Equality Act, 2010) is also likely to be enforced soon, mean amending policies which manage workplace relationships, as a legal duty will be placed on employers to protect staff from harassment and unwanted advances.  The legislation will also seek to create a duty on employers to take all reasonable steps to prevent sexual harassment in the workplace, it also seeks to create new legal liabilities for employers if third parties harass their employees in the course of their employment and they have failed to take all reasonable steps to prevent this.

Company Actions

Companies should aim for a culture of zero tolerance of sexual harassment. This should include a specific policy addressing sexual harassment which includes a range of options to report a complaint such as a line manager, HR representative, CEO or trade union representative.

It’s important that both employees and employers are aware of what is and isn’t acceptable in the office e.g. sexualised jokes, comments or gestures.

Around Valentine’s Day and Christmas, this may also extend to including gift giving. Even if done with good intentions, there is potential for this to be seen as an unwanted advance.  Believe it or not I had to once do a sexual harassment investigation due to a willy hoopla being issued to a member of staff who did not consider it to be appropriate, and a breach of their religious and morale code.

Ultimately, HR Optimisation recommends that the best way to manage office relationships is to have a consistently applied and publicised office romance policy.  By setting out clear, comprehensive guidelines on the company’s stance and having employees sign and date this policy as part of your broader employee handbook, serves as evidence that they understand and acknowledge these guidelines should a workplace romantic liaison occur.

You might like to also discuss the topic of inter-office romances and the company’s expectation of conduct and professionalism should they find themselves in a relationship with a colleague, and make sure all employees know that you have a zero-tolerance stance on sexual harassment.

Don’t throw the baby out with the bathwater

Please remember, overzealous approaches will only lead to co-vert relationships or resentment.  Valentine’s Day should be a celebration and a chance to show your appreciation, not throw out the rule book. So, if as an employer you do want to share some love with your staff on Valentine’s Day, I would suggest taking the team out for lunch or bringing in chocolates for everyone to share, or using it as a time to celebrate the ‘love’ of all the good things your employees do for each other by having a valentines appreciation wall (as opposed to a dating wall!).

Proportionality in how you devise and communicate your policies is key – Most relationships between colleagues won’t present problems for an employer or other colleagues, so a blanket ban on work romance is likely overkill.

Recommendations

However, difficult and sensitive issues can and do arise in rare cases. Workplace romances can cause legal risks as they can provide grounds for an Employment Tribunal claim for sexual harassment and so the following actions are recommended:

  • Have effective workplace policies in place such as a romantic relationships at work policy, anti-harassment and bullying, code of conduct and a grievance procedure
  • Ensure these are communicated to staff. Without this, it’s simply a piece of paper. Colleagues should be referred to policies at the outset of employment, but annual reminders are also beneficial. Further, a reminder of the policy (with a copy) ahead of any riskier events, such as a boozy Christmas party, would be sensible.
  • Train staff so that they understand what harassment is and how to detect it and respond to it if witnessed or experienced
  • Contracts or policies in place with third party suppliers are also likely going to need to cover a behaviours requirement

 

 

 

 

Hannah Powell