There have been several recent high-profile dismissals for failing to disclose romantic relationships with direct subordinates, in breach of policies or codes of conduct. These cases have highlighted how such incidents can seriously damage an organisation’s reputation and give rise to practical and legal challenges. We explore the advantages and disadvantages of workplace relationship policies and consider how to find a balanced and proportionate approach.
Although not legally required, workplace relationship policies can be a helpful tool for managing the risks associated with workplace romances. However, it is important that such policies strike a careful balance with employees’ rights to privacy and respect for their private lives.
Benefits of having a relationship policy
- Risk mitigation and legal protection
Relationships at work are not inherently problematic, but in some circumstances they can expose organisations to allegations of harassment, discrimination, favouritism or conflicts of interest, particularly if the relationship ends badly. A relationship policy can help to mitigate these risks, by requiring staff to disclose workplace relationships where a reporting line or power imbalance exists. This sets clear expectations for professional conduct, establishes boundaries and reduces the potential for conflicts of interest.
Employers also now have a positive duty to take reasonable steps to prevent sexual harassment. Considering how you manage romantic relationships in the workplace should therefore form part of your broader risk assessment. A relationship policy can help you to demonstrate that compliance with this duty and provide managers with a clear framework when faced with disclosure of a workplace relationship, such as requiring them to consider adjusting reporting structures and promotion, appraisal or remuneration processes.
Some organisations go further by requiring individuals who are in a relationship with a colleague to sign a “love contract” confirming that the relationship is consensual, that they have disclosed the relationship to a nominated representative and that they agree to notify their employer if circumstances change. This can reduce the risk of disputes or claims if the relationship breaks down.
- Transparency and fairness
A formal workplace relationship policy encourages openness and transparency, and reduces the likelihood of secret relationships that can affect team dynamics or workplace morale. It also helps ensure consistent treatment across the organisation and provides a reference point for employees seeking guidance, by outlining available support and reporting mechanisms. Where appropriate, make temporary adjustments to reporting lines to protect all parties involved.
- Reputation management
Proactively managing workplace relationships can help to avoid high-profile incidents that may attract negative media attention. Recent examples in the public domain illustrate how undisclosed relationships can have significant reputational consequences.
Challenges to consider when implementing a relationship policy
- Perceived invasion of privacy
Employees have the right to respect for their private and family life under Article 8 of the European Convention on Human Rights. Although you can intervene where a relationship creates a conflict of interest or undermines business integrity, there is a risk that employees may view a relationship policy as intrusive, especially if it requires mandatory disclosures or imposes a complete ban on workplace relationships. Instead, limit any requirement to disclose personal relationships to situations involving a potential conflict of interest or power imbalance.
- Enforcement challenges and risks with excessively strict policies
Relationship policies depend on voluntary disclosure, which can be difficult to monitor or verify. Introducing sanctions for non-disclosure, such as disciplinary action, may encourage compliance but can also deter openness if employees perceive the policy as overly intrusive. If you adopt an excessively strict approach, such as banning workplace relationships entirely, this may create an environment of fear and drive employees to conceal relationships, which would undermine the purpose of the policy and erode trust between staff and management. Ensure that any enforcement measures are proportionate and accompanied by clear guidance and communication to promote transparency rather than fear.
- Risk of discrimination claims
Actions taken to address workplace relationships must be fair and non-discriminatory. If not carefully drafted, a relationship policy may create a risk of claims of discrimination, particularly if managers apply it inconsistently. For example, if a manager moves a junior, younger and/or female employee to another department after a disclosure or relationship breakdown, but allows a senior, older and/or male employee to remain, employees may view this as discrimination based on age or sex. To mitigate this, apply objective, documented criteria consistently across all cases.
Striking the right balance
Ultimately, a well-balanced relationship policy protects both the organisation and your employees while also supporting a respectful, inclusive and productive work environment. Relationships at work are inevitable, so it is important to find a balance between respecting employees’ right to privacy and implementing appropriate organisational safeguards. The most effective policies set clear expectations, apply rules consistently and are proportionate to the risks involved.
Consulting with employees during development, communicating the policy transparently and reviewing it regularly can help to foster trust and supportive workplace dynamics.
