We get a diverse and interesting range of enquiries about workplace matters, but the one enquiry that has increased significantly since 2017 relates to workplace romances and whether the employer has a right to become involved.
While the employer isn’t the gatekeeper, adjudicator or moral watch dog in matters of affection, the instance relationships impact on the business, (and they will) with actual or potential conflicts of interest, productivity loss, and the potential for claims about harassment and bullying, the employer is placed squarely in the boxing ring.
First word of warning, don’t make rules you can’t manage, a prohibition on forming romantic relationships in the workplace is not appropriate nor realistic. It is however, legitimate for an employer to take measures to prevent the work environment from becoming dysfunctional because of;
- Sexual Harassment claims when relationships sour or where co-workers witness conduct that leaves them feeling uncomfortable
- Couples left feeling bullied by co-workers, due to gossip, rumours, or being isolated or excluded
- Conflict of interest, either due to favouritism or perceived impartiality, being undermined, or self-interest at the expense of the interests of the business
- Unfair degree of influence and authority exercised not consistent with the role but because of the relationship
- Lack of productivity, errors, poor judgement if the couple is distracted from their work
- Resources required to mediate when relationships sour between parties who can no longer work collaboratively
- Disruption to morale and productivity
What can you do?
Prepare and communicate a policy about workplace relationships that provides;
- A clear outline about unacceptable behaviour and/or a distraction in the workplace
- Details conflict of interest and the requirement for self-disclosure as well consequences of failing to self-disclose
- Explanation that this policy is underpinned by other workplace policies, such as Harassment and Bullying Policy and Code of Conduct