Love in the Workplace- What Employers need to know about office romances

Ah, Valentine’s Day – the annual celebration of love, but when love strikes in the workplace, employers may be faced with some tricky legal challenges. When things go wrong, they don’t just illicit personal heartbreak – they can create serious workplace issues, from favouritism and office conflicts to full-blown sex discrimination and harassment claims.

The reality is office romances continue to be part of modern workplace culture, it’s important therefore that you have policies which protect employees and that employers understand the potential legal issues that may arise and measures that you can take to protect your business and your employees.

Workplace cultures vary, and if Valentine’s Day tends to spark a little extra flirtation in your office, it’s essential to ensure that everyone is clear on what’s appropriate and what’s not. This might be covered in a Code of Conduct or similar policy. Even well-meaning policies can cause problems, so ensure that your policy is clear and not too broad or invasive.

Interestingly, a 2023 YouGov survey found that 50% of workers opposed policies requiring employees to declare workplace relationships, while only 28% supported them.

How Common Are Office Romances?

Despite the increase of Hybrid working, workplace romances aren’t a rarity:

• Over 50% of UK employees admit to having dated a colleague at some point—ooh la la!
• A survey from law firm Wright Hassall found that 25% of respondents had engaged in a workplace romance, with 13% confessing to having had an affair with a coworker.
• Forbes Advisor found that more than 60% of employees had been involved in an office relationship, while SHRM research reported figures ranging from 27% to 34% in recent years.

When Workplace Romance Becomes a Legal Risk

Let’s walk through a possible scenario: A junior female employee starts dating a senior male colleague. Things heat up. Then things don’t work out. Suddenly, she faces career setbacks- a lost promotion, she raises a grievance, and then an unexpected dismissal, all within six months of the relationship ending. Suddenly, ACAS are in contact, and the female is now saying she felt pressured into a relationship; there was a power imbalance, so she felt she had no choice and when she finally ended things, she was punished by not being promoted and then sacked for no reason. Alarm bells should be ringing, if you haven’t already done so by this point, we strongly recommend taking legal advice.

McDonald’s faced major backlash when workers went on strike over workplace sexual harassment, with some even losing their jobs for reporting incidents. Later, the company was forced to fire its CEO, Steve Easterbrook, for having a relationship with an employee. The lesson? What happens in the office doesn’t stay in the office.

Employer Responsibilities

If your employees are not aware of your policies, make sure they are and ensure appropriate and regular training is provided. They should be clear on what the boundaries are for office relationships and outline acceptable conduct, particularly with regards to supervisor-subordinate relationships or relationships with clients.  Employees should feel confident in reporting issues without fear of retaliation.

Some companies, like Facebook, have a policy where employees can ask a colleague out once, and if they say no, that’s it – end of story. This may be a bit intense, but it makes the status clear. We recommend including in your policy that employees disclose romantic relationships that may impact the workplace to HR (without overreaching into personal privacy) to avoid conflicts of interest and minimise other issues that could arise.

With various duties under the Equality Act 2010, express and implied contractual duties, employers now have a positive legal duty to take “reasonable steps” to prevent sexual harassment in the workplace. Since October 26, 2024, failure to meet this new preventative duty can result in employment tribunals increasing sexual harassment compensation by up to 25%.

Top Tips:

• Consider employee surveys to gauge how employees feel about workplace romance policies and how those policies are being implemented.
• Having a neutral HR team to mediate any workplace disputes is critical for preventing small issues from escalating into legal challenges.
• Have clear policies and procedures for workplace relationships, equal opportunities, and sexual harassment.  Link these clearly to your disciplinary policy.
• Take complaints seriously and keep an open mind.
• Train managers and raise awareness of obligations under the Equality Act 2010 and the recent change to rules in preventing sexual harassment.

Summary

Romance in the office can add an element of complexity to workplace dynamics, but with clear policies and open communication, employers can foster a professional environment while minimising legal risks.

While office romances are not inherently illegal, employers must be aware of the potential legal risks and take proactive steps to protect themselves and their employees.

As a minimum, introduce, review or update your policies, offer training, and ensure that your approach to office relationships aligns with the evolving legal landscape.

With lots of Love this Valentine’s Day
Warners Solicitors

To book an appointment or to discuss this further, please contact Louise Brenlund at [email protected] at 01732 375325.

This article is for general information only and does not constitute legal or professional advice. Please note the law may have changed since this article was published. We do not accept responsibility or liability for any actions taken based on the information in this article.