Love is in the office? 4 HR rules to manage workplace romances

Valentine’s Day has been and gone, leaving a trail of feelings about love in its wake. Has Cupid’s arrow struck in your workplace? If the answer is yes, then now is the perfect time to think about office romances.

With the #metoo campaign still fresh in mind, sexual harassment is easily at the top of the list of risks associated with office romances. There are, of course, other obvious risks, including lowered productivity, conflicts of interest and, of course, the awkward post-breakup period. As they say, love is a battlefield.

Let’s not forget that office romances can have some positive outcomes. After all, reports suggest that 50 percent of workers will have at least one office fling. Many of these bloom into serious, long-term relationships.

While you can’t outlaw romance in the workplace, the trick for employers is to know what is going on at all times. There are several steps you can take to protect your workers from unethical behaviours and prevent the likelihood of costs to your business.

1. Set clear company policies around relationships at work

Of course, you’re not one to stand in the way of true love. But even though it may feel awkward or invasive, for liabilities’ sake, you need to know what is going on between co-workers in your organisation.  As mentioned before, the ramifications of a romantic relationship can be huge, the largest risk being a conflict of interest, which can impact other employees. This is especially true if the relationship involves a manager and a subordinate, or two employees whose overlapping roles create a corporate risk – such as a buying manager and the accounts clerk, for example.

Your workplace policies should set clear ground rules around relationships between employees in the workplace. We recommend that your policy requires employees to disclose any workplace relationships either to HR or management, even if it is just a fling. This way you can react accordingly like changing reporting structures or reassigning tasks/roles to minimise the risk of conflict.

Be sure to include clear consequences for nondisclosure, such as disciplinary action or termination.

2. Define inappropriate workplace behaviour

What may seem like innocent office flirting could be entirely different. However innocent, public opinion has recently drawn a clear line in the sand when it comes to any sexual harassment allegation. Sexual harassment claims have ended the careers of multiple high-profile individuals and incurred massive financial and reputational consequences for the companies they worked for (The Weinstein Company is a recent example). It is important to be clear about what does and does not constitute sexual harassment for the safety of your employees and your brand.

In cases of sexual harassment, employers can be held vicariously liable for the actions of employees. However, if an employer can demonstrate they took all reasonable steps to prevent employees engaging in unacceptable workplace conduct, they may be able to avoid large fines and legal charges. A well-drafted sexual harassment policy is a step in the right direction.

The imbalance of power, or the impact on an employee’s duties and responsibilities, are also areas to consider when determining inappropriate from appropriate office love affairs. Take for example,  New Zealand MP Iain-Lees Galloway, who lost his job following the discovery of his love affair with another employee last year. In this case, his misconduct came down to his powerful position (as MP) and his role as head of the Government’s Workplace Relations portfolio.

3. Make it easy and confidential to report harassment

Your employees need to be comfortable to “kiss-and-tell” without spreading workplace rumours. Make sure you have multiple channels for employees to report consensual and not consensual behaviour at work. Every business must have a detailed grievance procedure that allows for escalation if the employee is not satisfied with the result. Better to find out about any misconduct in the workplace when it happens not years later like most of the allegations that have arisen in the media recently. This way you can act proactively before any patterns of harassment become engrained or conflicts of interest arise.

4. Thoroughly investigate workplace complaints

The last piece of the puzzle is the investigation. When any allegations of harassment arise in your workplace, an employer needs to conduct an unbiased investigation into the incident.

If the claims are numerous and serious, you might want to outsource the investigation to an experienced workplace relations law firm to gain legal professional privilege. This means you can get all the details of what went on without disclosing everything to the courts if it will cause your brand reputational damage.

Whether you are a believer or not, Valentine’s Day seems to have a way of getting people thinking romantic thoughts. Romance in the workplace is inevitable and shouldn’t be banned. However, as recent events have shown, there is a significant risk of relationships between work colleagues turning sour. The best defence is to know all the facts so you can react accordingly to protect your employees and company reputation.

If this article has raised any questions or concerns, or you’d like to learn more about how we can help your business, please contact our team of workplace relations specialists.