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It is understandable that your client is concerned, as there is the potential for this to impact on their wider business. Below we go through some of the things to consider.
Sexual harassment
A recent TUC survey found that 58% of women report experiencing sexual harassment, bullying or verbal abuse at work. Now more than ever, your client must focus on preventing and tackling sexual harassment at work; the recent events at the CBI and the loss of their director-general shows the impact not doing so can have.
Workplace romances may be relatively un-risky where they’re wanted. However, there is a potential they could stray into sexual harassment, which occurs when one party feels subject to unwanted conduct of a sexual nature or conduct related to their sex, where this has the effect of their violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. This can include remarks of a sexual nature, written words, or physical acts, in the office or via email or instant messaging (for example).
Sexual harassment can occur regardless of intentions where the person on the receiving end, or witness to it, can reasonably show this conduct created the required environment.
Confidentiality
Talking to a partner about work is not unusual, but where both parties work in the same business, it is likely that these discussions will easily move from general matters to work talk. These discussions could be a breach of an employee’s express and implied terms of confidentiality, possibly leading to difficulties within a business; for example, confidential gossip may spread.
Some businesses take a zero-tolerance approach to workplace romances; in 2019, McDonald’s fired their CEO, who at the time was credited with turning the businesses fortunes around, for having a consensual and non-physical workplace romance with an employee.
This is something your client may decide to introduce either a workplace romance policy, or amend existing confidentiality requirements to do so.
Workplace morale
While some employees will be happy for their colleagues, it’s possible not all will. This could lead to complaints, or grievances alleging favouritism and bias.
Instances of gossip and ”banter” could also increase, as well as the risk of malicious rumors being spread among staff. This could have a significant impact on morale and create a negative workplace.
When relationships go bad
Personal arguments, and potential break-ups, can negatively affect teamwork and productivity, as well as higher absence levels due to the emotional strain of having to continue to work together after a breakup. A breakup could even lead to claims of sexual harassment or discrimination, such as where the relationship ending is the reason for terminating employment or scuppering advancement opportunities.
Can you ban workplace romances?
A total ban on relationships at work is likely to breach employees’ overarching right to privacy. It’s also unlikely to be successful due to the close proximity of employees and could lead to secret relationships. If managers are unaware of personal relationships, they cannot manage these effectively or take steps to prevent a negative impact on the workplace.
Your client might instead use a workplace policy on personal relationships which sets out the rules and obligations for office romances. Most policies will include a requirement for those in close personal relationships to inform their line managers, while outlining rules around appropriate behaviour, confidentiality and discrimination.
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