Employer’s duties regarding relationships between colleagues
We spend so much time at work that close personal relationships between colleagues is inevitable. To support this, USA has led the way in “consensual relationship agreements,” often referred to as a “Love Contract.” These are typically based around equality and sexual harassment policies and enable couples to “declare” that their relationship is voluntary and consensual, generally agree to behave professionally and confirm that it will not have a negative impact on their work. The implication is that the employer is no longer responsible for either employee’s conduct. However, this type of “safeguard” agreement would not work in the UK where our legislation means that little protection is offered for the employer. Employees can’t, for example, sign away rights in relation to sexual harassment claims. In any event any such agreement could also be scrutinised against the employee’s human rights (right to a private life).
So what steps can employers take?
(1) Rules
Even if you wanted to, it would be virtually impossible for most employers to ban most personal relationships at work, other than certain relationships which are inappropriate or breach a betrayal of professional trust. It therefore makes good sense to have some “rules” in place regarding relationships and consider a ‘Personal Relationships at Work Policy.’
(2) Disclosure
Any policy should start with disclosure because whilst many employees would prefer to keep any relationship secret, in a close working environment the likelihood is that this will be almost impossible. Disclosure generally encourages professional behaviour, promoting openness and honesty and enabling all parties to consider and deal with any possible implications of the relationship.
However, you need to be clear about what needs to be disclosed and when, to ensure that it is handled discreetly and sensitively and does not come across as too Draconian. For example, you may also want to extend disclosure to family relationships.
At the same time you should consider having a clause about disclosure in your employment contracts as any personal relationships could generally cause a potential conflict of interest.
(3) Fair play
Close personal relationships at work can create issues such as perceived or actual abuse of positions and/or preferential treatment, breeding resentment which in turn can lead to resignations and possible dismissal claims. Other potential issues which create a difficult working environment include inappropriate behaviour, misuse of time at work, security, confidentiality and data protection.
Although the situation must be handled sensitively and carefully, for the sake of all employees, try and avoid this by working together with those involved. For example, is it possible for employees to avoid situations where they participate in decision making processes which affect the other person (such as pay, promotion etc) both during and at the end of the relationship?
(4) The End
Issues often occur during the breakdown of any relationship, particularly when one party would like to continue the relationship. From an employer’s point of view this is also the time when there is a risk of claims, such as
- sex discrimination (Equality Act)
- harassment (Protection from Harassment Act 1997)
- abuse of position
It’s important you review your workplace policies, making it clear what is termed as unacceptable behaviour and that you always follow your usual disciplinary procedure.
(5) Equality
As with everything, do make sure that you treat all relationships in the same way. Taking a different attitude to some relationships is likely to invite claims of unlawful discrimination.
—————————————-
Topics trending in the forum:
Christmas and New Year’s Eve opening hours
CQC inspections – the unexpected
I’ve just signed this petition to keep CQC fees reasonable… will you?
0 Comments