We spend most of our time at work, whether that be in the workplace or remotely via teams or slack. With all this time to chat and get to know colleagues, it comes as no surprise that romance has become commonplace in the modern workplace.
However, it is fundamental that employers remain aware of how to manage romantic relationships between colleagues and that training is provided to ensure compliance with workplace policies.
This is particularly crucial in light of the updated legal obligations for employers to prevent sexual harassment in the workplace. As of October 2024, employers have a new preventative duty to take reasonable steps to prevent sexual harassment in the workplace. Employers now have to take proactive preventative steps, which should include a full risk assessment into the potential areas of vulnerabilities. Any such risk assessment should include the potential risks around office romances, and particularly training and checks on what is appropriate in the workplace.
We advise that all employers carry out a thorough risk assessment, as well as reviewing their anti-harassment policies and deploying training programmes to employees to ensure they have measures in place to prevent workplace harassment.
Employers should also remain alert to the fact home/hybrid working has not caused workplace romance to cease. In a survey of over 4000 people carried out by Reboot, 48% said that they would date a co-worker. With 22% of people admitted to dating their boss or manager.
We do not need to look far in the media for examples of co-workers dating, or stories of people dating their bosses, and the potential issues and concerns that come along with these relationships. There has also been repeated cases in the news over the last few years of employees who feel pressured into situations with senior co-workers, where the lines are blurred on what is acceptable workplace conduct.
Employers should be aware that relationships may still form, and harassment can still occur online despite there not being a physical presence in the workplace. This makes it increasingly important for companies and their HR departments to adapt their approach to office romance in order to take care of employee wellbeing and the best interests of the business.
Actions for employers on workplace romances
Employers should take the following action:
- Ensure they have robust policies and procedures in place on sexual harassment and the rules surrounding workplace relationships. To impose a blanket ban on workplace relationships would, in reality, be difficult to enforce and may run the risk of contravening an individual’s right to a private life. Instead, the policies could set out that any such relationships at work should not affect an employee’s professionalism nor must they have an impact on, for example, promotional opportunities.
- Encourage employees to come forward and feel safe as creating an open discussion will make an office romance seem more normal and stop it from becoming a topic for gossip.
- Be aware of the legal risks associated if the relationship takes a turn for the worse. Potential claims could include sexual harassment, sex discrimination or victimisation. Again, employers must have, and enforce, robust policies to limit liability for any such claims.
If you require further advice on this topic or would like us to conduct a policy review for your company, please do not hesitate to contact a member of our employment law team.
Download our Personal relationships at work factsheet