Valentine’s Day may be associated with romance, but Kristie Willis, Associate Solicitor at Palmers Solicitors, says it can also draw attention to the legal risks of workplace relationships and blurred professional boundaries.
“Workplace relationships are not generally unlawful, and employers should not try to control people’s private lives unless strictly necessary,” says Kristie.
“However, relationships at work can create real risks if conflicts of interest, power imbalances or boundary issues are not managed properly.”
In England, an outright ban on workplace relationships is unlikely to stand up legally under the Human Rights Act’s right to respect for private and family life save in exceptional circumstances.
A more realistic approach is for employers to implement a clear Relationships at Work Policy, or something similar, to help employers set expectations and protect their staff.
“A blanket ban is unlikely to be proportionate,” Kristie explains. “Where there is a Relationships at Work Policy in place, employers are in a stronger position if they need to step in. A good policy will set out what is expected of all employees in workplace relationships, including how managers should handle the situation.
“Employers should also ensure that all employees have had suitable sexual harassment training and risk assessments are undertaken.
“An anti-harassment policy should be in place, which makes clear what behaviour is unacceptable, how inappropriate conduct can be reported and the process that will be followed after any report of inappropriate conduct,” she says.
Often employers require disclosure of relationships where employees work closely together or within the same management structure.
“It can be appropriate to make this request where there is a clear risk of conflict of interest. However, requiring disclosure of every relationship is harder to justify unless there is a specific reason, such as in regulated or high-transparency sectors.
“Any expectations around disclosure should be set out clearly in a written policy, so employees understand what is required and why.”
Romantic relationships involving managers and more junior staff require particularly careful handling due to the risk of perceived bias, coercion or unfair treatment.
“Employers will often want to remove the employees from the same reporting line, which can sometimes be the best solution to limit conflicts of interest.
“However, employers should consider the requirements in each situation. It is important not to assume that the more junior employee will be the one moved, as this could result in an allegation of discrimination. Employers should treat both employees even-handedly, regardless of their seniority.”
Kristie explains that in addition to workplace romances, Valentine’s Day can also highlight boundary issues for some employees.
“To date, Valentine’s Day does not seem to lead to more formal complaints, as is common with work Christmas parties.
“However, the growing trend of using phrases like ‘work wife’ and ‘work husband’ may cause discomfort or raise questions about professional boundaries.”
She warns that what one person sees as light-hearted flirting or humour can feel intrusive or inappropriate to someone else, particularly if it creates pressure or embarrassment.
Clear policies on relationships, harassment and conduct remain one of the most effective ways to reduce legal exposure.
“Regular staff training helps set expectations around respectful behaviour and boundaries to employees at every level,” Kristie says. “It can prevent situations where banter slowly escalates into conduct that could amount to harassment.”
However, training alone is unlikely to be enough to ensure businesses comply with regulations.
Employers are expected to take broader preventive measures for workplace sexual harassment, including risk assessments, manager training, effective reporting processes and regular check-ins with staff.
As Valentine’s Day approaches, Kristie also wants to remind employees who receive unwanted romantic advances to make their position clear and keep a record of what has happened.
“If someone is making you uncomfortable at work, whether it’s a colleague, a manager, a customer or a third-party, it is completely reasonable to say so.
“Keeping a note of dates, times and what was said can be helpful, whether or not you decide to raise the issue straight away.”
She adds that any negative treatment following a rejected advance should be reported to HR or a trusted manager, as it may amount to harassment.
For further advice on workplace relationships, sexual harassment prevention or other related employment issues, visit www.palmerslaw.co.uk to get in touch with Kristie and the employment team at Palmers Solicitors.