Workplace social events and team gatherings often bring colleagues together in ways that can naturally lead to closer personal connections – including, at times, romantic relationships. While these relationships aren’t uncommon, they can raise important considerations for employers around power dynamics, fairness, and maintaining professional boundaries. This does bring up important considerations from an organisational and HR perspective.
Transparency about a company’s ‘rules’ is important. Many companies have a Code of Conduct which should also act as a guide to help employees understand what is considered acceptable behaviour and how they should conduct themselves in various situations at work. A Code of Conduct will normally cover aspects such as professional behaviour, confidentiality, conflicts of interest, compliance with policies and legislation as well as more generally express the culture the organisation strives to uphold.
The ‘#MeToo’ movement significantly contributed to raised awareness and pressure for change in the workplace, leading to the Worker Protection (amendment of Equality Act 2010) Act 2023. Whilst the Act does not specifically preclude workplace relationships which, if consensual should not constitute sexual harassment, it does place a duty on employers to proactively prevent sexual harassment in the workplace.
This duty came into effect in October 2024 and applies to conduct at work including off site activities, workplace parties and other social events connected to work. Employers will be able to defend a claim of sexual harassment if they can demonstrate they took ‘reasonable steps’ to prevent the harassment.
What are ‘reasonable steps’? They may include carrying out risk assessments and addressing any identified risks, introducing a clear policy and training staff to raise awareness of the policy and what reporting procedures are in place.
So the fact that two people at work have a romantic relationship isn’t necessarily an issue but it does raise a dilemma for an organisation into whether either of the two employees have breached ‘rules’ along the way. It then becomes necessary to assess whether there are potential risks for an organisation which may include the following:
- To determine whether there has been real, or perceived favouritism, conflict of interest or any bias in decision-making.
- To ensure reporting lines are appropriate or if safeguards need to be in place.
- To protect the organisation especially where senior leaders are involved as their behaviour can reflect on the company and any perceived lack of judgement might erode trust.
- Safeguarding the organisation against claims of harassment and potential costs associated with tribunal claims.
Creating a safe and respectful workplace where there is sufficient clarity for employees to know what behaviour is expected of them in any workplace setting should be a high priority in any organisation.
