Saturday 13th April 2019 is International Kissing Day. The purpose of this day is to encourage everyone to appreciate the importance of a kiss and to spread the love.
While that all sounds lovely, as a business, do you have a policy on workplace relationships?
Should You Discourage Workplace Romances?
Due to the number of hours we spend at work it is inevitable that workplace relationships will develop, and this is on the increase. Whilst some businesses discourage workplace relationships, especially if they are between manager and subordinate, it is better to encourage staff to come forward and declare that they are in a relationship, so the situation can be managed.
Can You Be Dismissed for Entering a Workplace Relationship?
Employees cannot be dismissed simply because they are in a relationship, this would be unfair dismissal and potentially sex discrimination. Couples should be told that their love life should be kept separate from work life as far as possible and not to let problems spill over into work activities.
What is a ‘Love Contract’?
No doubt you have heard of ‘love contracts’. This is an American idea where an employer asks the couple to sign an agreement that sets out how they will behave at work, confirming that their relationship is consensual and that the couple understand the company’s sexual harassment policy. The implication of the ‘love contract’ is that the company is then no longer liable for the conduct of the couple. As much as these may sound like a great idea, they would not hold any weight in an employment tribunal in the UK.
Whilst you cannot stop workplace relationships, you can put in place HR policies which specify rules for relationships at work and requiring them to act in a professional manner whilst at work. Make it clear that finding them in a compromising position in the stationary cupboard is not acceptable behavior and could be deemed to be a gross misconduct offence.
It is a good idea to have a policy in place asking couples to declare any workplace relationships. The reason behind this is to make management aware of any possible conflicts of interest. For example, if a line manager and a staff member start a relationship, there may be a real or perceived impression of favoritism in relation to appraisals, promotions, projects given, etc. There is also the risk that normal workplace discipline will be affected, or it may affect the team dynamic.
A suggestion is that a policy is put in place that couples cannot work in the same department and therefore one member of the couple would need to move to work in a different department or to report to a different manager.
So, What Happens If One Member of the Couple is Dismissed for Their Misconduct?
Can the other half of the couple be dismissed? No, they cannot be dismissed simply because they are in a relationship.
What About One-Sided Relationships?
As a business, you need to be aware of ‘one-sided’ relationships. One colleague may develop strong feelings for another colleague that is not reciprocated. This may lead to unwanted attention both inside and outside of work, especially with the increased use of social media. Any form of harassment needs to be dealt with seriously by an employer. This kind of behaviour may make the work life of the person receiving this attention difficult and it may affect their well-being.
So, whilst employers should not be seen as anti-cupid, they should ensure that policies and procedures are in place for when love does strike.
Get Further Advice from Our Employment Solicitors
If you would like to learn more about this topic or would like advice on a specific case within your workplace, please get in touch with our friendly and knowledgeable team of employment solicitors.
