In recent years, there has been a marked increase in employers seeking to regulate romantic relationships in the workplace. ITV, McDonald’s and BP are just a few household names to have done so and generally after a high-profile incident has made the headlines.
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The temptation for employers to reach for their employee handbooks to rewrite the rules around inter-employee relationships is increasing. Whilst workplace relationships will not always interfere with work, they can become problematic if they adversely impact colleagues' or the business efficiency, contributing to workplace conflict, relationship breakdown or even sexual harassment claims. Workplace relationships can be particularly problematic where they involve members of the same team, or a manager and a direct report.
With a new mandatory preventative duty on employers to take “reasonable steps” to prevent sexual harassment at work having come into effect on 26 October 2024, employers that fail to comply will face increased financial sanctions in the employment tribunal system, possible intervention by the Equality and Human Rights Commission (EHRC), and, of course, the reputational damage. As a result, it is not surprising that many employers are considering pulling the handbrake on romantic relationships entirely at work in a bid to avoid any grey areas that could land them in hot water.
While a blanket ban on workplace relationships, such as that imposed by the Vatican, is likely to be neither legal nor practical in the UK, employers are recommended to proactively address the challenges that arise from such dynamics.
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What practical steps can employers take to promote a safe workplace environment and mitigate toxic power imbalances, in particular those intersecting with romantic relationships?
The EHRC has released an eight-step guide for employers on preventing sexual harassment at work, which summarises its fuller guidance, including recommendations to:
Carry out a risk assessment
Identify any factors that might increase risks arising from workplace relationships, including where any power imbalances exist.
Focus on company culture
Conduct anonymous staff surveys and focus groups. Review past incidents and their outcomes, to identify recurring issues. This may help understand where any potential issues lie. Investigating how healthy your current workplace culture is can also assist in identifying risks that can be included within a risk assessment.
Implement effective policies
In addition to putting in place an anti-harassment policy, employers may also establish an effective workplace relationship policy, setting out the company’s approach and any relationship disclosure requirements.
Train your workforce
Train your employees to ensure that policies are ‘lived and breathed’. Additional training should be provided to managers who are on the front lines, on to how to comply with the company’s policy, and how to hold difficult and sensitive conversations with their team members.
Provide reporting mechanisms
Provide multiple routes for reporting issues. This encourages employees to raise an issue, anonymously or otherwise.
Handle complaints
Take decisive action when any complaints arise, to emphasise how seriously the company takes the issue. Don’t let uncomfortable incidents be swept under the carpet.
Monitor and evaluate actions
Where an incident occurs, HR practitioners should take the time to review how it was handled, and identify opportunities for learning.
Employers that implement the above non-exhaustive list will be in a better position to demonstrate that they are both serious about this issue and fostering a stronger, safer workplace culture.
Daniel Stander is an employment lawyer at Vedder Price LLP
