The do’s and don’ts of a workplace relationship are a hotbed of issues for employers when it comes to privacy laws and to what extent an organisation can regulate personal relationships.
And as today is Valentines Day, technically the most romantic day of the year, it is worth exploring how workplace relationships can have both a positive and negative impact on a business.
On its own and of course depending on individual company policy, being romantically or sexually involved with a co-worker is not a sackable offence, although if the relationship has a detrimental impact or affects the employees’ performance, then it may be cause for disciplinary.
However, no caring and compassionate business owner or HR manager wants to be considered as draconian, or being so restrictive it infringes on people’s private lives, so as with any HR situation, there is no ‘one size fits all answer’.
Confused? No wonder! Want to find out more about the do’s and don’ts of workplace relationships and how to handle the situation? Read on!….
Workers Rights V Employee Responsibility
Assuming as an employee, we spend around an average 39 hours per week at work, (and for some it’s a lot more!), it’s little wonder that workplace relationships develop!
We are in close contact, and spend the majority of our waking hours with our colleagues, and of course these people get to see us at our best and at our worst. They see us happy and upbeat or down in the dumps and out of sorts, and people’s natural instinct is to form bonds with those they connect with on a spiritual and emotional level.
And according to an article outlining research by Totaljobs, 22% of people meet their romantic partner in a work related environment, which is almost a quarter of those in a relationship! So how does an employer mitigate the impact this can have on an organisation, without infringing on workers rights?
Having a workplace policy and outlining the company rules in the staff handbook is a good place to start.
This way, there can be no ambiguity around what is or isn’t acceptable. If you are unsure about what exactly should be in your company policy, it is worth speaking to ACAS or to the trade union for advice and guidance over what can legitimately be put down in policy, without being seen to be too intrusive to employees privacy or breach their rights in any way.
A fair and balanced approach for an employer to take would be to accept that workplace relationships are a natural occurrence, but from an employee perspective, they must be responsible enough to keep these relationships professional within the organisation and to keep any personal problems out of work time.
Can an Employee be Dismissed for Having a Workplace Relationship?
The short answer to this is no, they cannot.
And according to Article 8 of the Human Rights Act 1998, Everybody has the Right to Respect for (his or her) Private and Family Life. Dismissing a member of staff, purely on the grounds of a relationship at work, could very well be seen as unfair and breaching their human rights, and could land you in the middle of an employment tribunal.
In addition, treating men and women differently could also land you in hot water due to discrimination laws, so take legal advice and make sure your policies are watertight, and that you stick to them!
Can an Employer Prevent Relationships Starting in the First Place?
Again this could be seen as an infringement of human rights, and to be honest, it’s a pretty harsh way to operate. All this tends to do is promote a culture of secrecy amongst employees and creates a ‘them and us’ mentality.
What Should I Do if a Workplace Relationship is having an impact on Employee Performance?
When somebody enters in to a new romance at work this could lead to differing implications. Indeed, it could be that two people work exceptionally well together, and that their relationship and closer bond makes this a very positive experience leading to an improved and more motivated performance!
When a relationship becomes toxic or a distraction however and the impact on the workplace becomes less than positive it is important to follow your standard performance related procedures to ensure you do not show any discrimination or violate human rights legislation.
It is also worth clearly stating in your policies and procedures, what constitutes gross misconduct. Understanding and following human rights legislation over privacy laws is one thing, setting out expected standards of behaviour is another entirely, and finding somebody in a compromising position in the photocopier room is probably a bit too much too ask of even the most understanding HR Manager!
As an Employer, Can I enforce that Employees tell me about their Relationships at Work?
Again, this is about having a balanced approach, and appreciating employees rights to privacy against the needs of the organisation.
Whilst it is not appropriate for every sneaky snog at the office party to be reported, it is not uncommon for employers to ask employees to notify them of an ongoing relationship that could lead to potential favouritism or conflict of interest between staff.
In fact this could actually be seen as a positive approach to the workplace culture, as it is advocating openness and transparency, with people and professionalism at its core.
Contact us
So if you are an employer or you work in HR and you want to understand more about the do’s and don’ts around workplace relationships, or you are interested in how to encourage a positive workplace culture, you can contact us here for more information, or if you prefer, call us on 0808 178 0748.
We have an expert team of wellbeing professionals who will be delighted to chat to you and offer guidance surrounding an issue that will inevitably take place at some time or other within your organisation. In the meantime, Happy Valentines Day! p/
The Do’s and Don’ts of a Workplace Relationship, How to Deal With Workplace Relationships, Can an Employer Prevent a Workplace Relationship? Can an Employee be Dismissed for Having a Workplace Relationship?
