From Romance to Risk – Meeting Legal Obligations While Respecting Employee Rights.
It would be hard to have missed the news coverage relating to workplace relationships over the last few months. Two high-profile CEO resignations – one at Nestlé, and one at U.S. startup Astronomer, thrust the topic into the spotlight. While both cases were understood to involve consensual relationships, they raise broader legal and ethical issues around conflicts of interest, organisational responsibility, and employee safeguards.
While most businesses do not have rules preventing the forming of relationships with colleagues, they can cause challenges for employers. There are no general legal rules which govern relationships at work, and when problems arise, employers have fit any issues under wider workplace policies. Blanket bans on office romances are generally disproportionate except in very specific contexts. Employers who look to take a stance on them, must balance managing workplace relationships with respecting employees’ rights under the Human Rights Act 1998, which protects private and family life.
Many companies have adopted ‘relationships at work’ policies, to set clear expectations and manage risks regarding conflicts of interest or power imbalances. Policies do not typically prohibit staff from engaging in workplace relationships, but instead set out guidelines for conduct, and provide a framework for managers to deal with any resulting issues which may affect the business. The existence of a relationship alone isn’t usually grounds for disciplinary action, but breaches of workplace conduct linked to these relationships may be (e.g. favouritism or harassment).
Management of consensual relationships is one thing. Dealing with the often more complex issue of sexual harassment the workplace, can be more challenging. Most business will now be aware of the requirement for employers to take reasonable steps to prevent sexual harassment occurring in their workplace. This is set to increase to an increased requirement to take “all” reasonable steps under the Employment Rights Bill (date yet to be announced). We are still, however, seeing businesses caught on the back foot, even for the current lower requirement, having made no steps to protect their either employees from harassment, or their businesses from damaging claims.
Undertaking a risk assessment followed by introduction of appropriate policies, ideally supported by proactive and ongoing training should be a minimum for employers. This will at least provide the business with a starting point for a defence if a claim is brought (and of course hopefully help protect employees while doing so). Quality training reinforces what constitutes acceptable conduct, raises awareness of the consequences of inappropriate behaviour, and underscores the importance of maintaining professional boundaries.
With the duty to prevent sexual harassment in the workplace having now been in place for a year, tribunals are expected to take a dim view on businesses who have done little or nothing to meet with their legal obligations in this regard. With the festive party season rapidly approaching, it is a sensible time for employers review the measures they undertake, check any policies/steps are still appropriate and complaint, and consider whether any updates or refresher training should be given to employees. Employers are reminded that the obligation is ongoing – putting a policy in place a year ago and doing nothing more, is unlikely to demonstrate compliance.
For assistance in drafting effective policies or delivering impactful training, please contact Victoria Ounsworth at [email protected].
