Workplace Romances: Are not always smooth sailings, what are the key considerations and best-practice guidance for employers navigating managing love-struck employees?
Love is in the air and as we head into Valentine's season, it's worth considering how employers navigate the circumstances where two employees are in a romantic relationship. Given the amount of time that colleagues spend together while at work, workplace relationships are not uncommon. A 2022 study from the United States found that 33% US workers report that they're currently involved or have been involved in a workplace romance.
However, several challenges may arise which can have a detrimental impact on a business, particularly if a relationship turns sour or, for example where one person is responsible for managing, appraising, and remunerating the other - so these situations need to be managed carefully and appropriately.
Cautionary Tales of Workplace Relationships
One high-profile cautionary tale that caught international attention back in 2019 was that of the McDonald’s CEO, who was found to have violated company policy which prohibited dating, between employees and although the relationship was consensual, he was dismissed.
Closer to home, we published a Case Law Review which outlined a case before the WRC in which an employee, a secretary at a family firm had been in a relationship with a Company Director. The relationship had broken down and the secretary’s employment ceased. The employee submitted a complaint of unfair dismissal, and the company was ordered to pay the Complainant 14 months’ salary (equivalent to €21,980) in compensation.
These are just 2 scenarios, but there are so many different circumstances that need to be considered and managed carefully. As a first step, check your policy documents to see if your business is prepared for navigating the tricky circumstance of workplace romantic relationships.
Does your Employee Handbook have a Policy on Managing Personal Relationships between Employees?
In the first instance, check your Employee Handbook to see if there is any guidance or policy for managing personal relationships at work. Such policies often note the requirement for employees to disclose to the employer, any relationship that may give rise to a conflict of interest at work. The policy could also reserve the right for such employees to work separately to avoid any potential conflict of interest. Any such policy should strike a balance between employees’ right to a private life and the employer’s right to protect its business interests.
Measure and Identify Risks and Impact of the Workplace Relationships
A meeting with any employees engaged in a romantic relationship is recommended. This gives an opportunity to refer to the Employee Handbook and to consider and discuss the impact the relationship may cause within the working environment and any resulting risk or conflict of interest.
Ideally, the employees involved in the romantic relationship should agree any appropriate measures that may be necessary to address any identified risks or conflicts. For example, if the two employees are on the same team, you could discuss the potential or perceived impact the relationship will have on their colleagues and identify any measures that may need to be introduced to address any resulting issues. Also, outline any behaviour that must not occur in the workplace and during work hours.
Hierarchical Relationships
If one of the employees’ line-manages the other, consideration could be given to an alternative manager or to transfer one of the employees to a suitable alternative role, following a discussion with both employees and a written agreement to any such changes. Any decision to apply such changes should be taken carefully and must be supported by a business rationale based on the roles involved and the specific risks and conflicts identified as an outcome of the relationship. It is important to ensure that any action taken could not be deemed discriminatory – either directly or indirectly.
Disciplinary Procedures to follow if necessary
If your business is suffering a negative impact due to personal relationships between employees, then you can address the issue of concern under your Disciplinary Procedure, just as you would for any other type of conduct issue. Such conduct could include one employee leaking confidential information to the other, or the employees acting unprofessionally at work.
Ensure you have reasonable and objective justification to invoke a Disciplinary Procedure and that you can evidence the negative impacts as a consequence of the relationship – otherwise, any action could be deemed unfair. The type and level of action taken should be determined by the particular circumstances of the case. Again, ensure to focus on the demonstrable negative impact that the relationship or conduct is having, not the people involved, and deal fairly and consistently with all those involved.
It's very complex to navigate all the scenarios that may arise and we recommend seeking professional HR advice prior to any decision to change line management, redeployment, or disciplinary in such circumstances. If your business is experiencing any issues with relationships or conflicts of interest at work and requires additional expert support and advice, please get in touch with our HR experts at Adare Human Resource Management today.
For more information go to www.adarehrm.ie or call (01) 561 3594 or email adarechambers@adarehrm.ie.
Adare Human Resource Management is a team of expert-led Employment Law, Industrial Relations and best practice Human Resource Management consultants.