OFFICE romances could be a risky business, an employment lawyer has revealed.
While workplaces are not an uncommon place to meet a partner, you could end up losing your job.
Relationships in the office don't necessarily break the rules as there's no law against workplace flings.
But some companies have specific policies employees must follow.
Denise Monteiro, legal assistant at the law firm Richard Nelson, said as we spend nearly a third of our lives at work, it's natural for relationships with coworkers to form.
But they are not without potential problems.
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"Workplace romances can become a legitimate management issue, presenting conflicts of interest, favouritism, lack of transparency, embarrassment of staff, and in more serious cases, legal risks regarding discrimination and harassment," Denise said.
Since contracts are legally binding, it's typical for companies to have clauses related to coworkers dating.
However, many workplace policies can usually be amended based on what their business needs.
As Valentine's Day approaches, Denise suggests employees check their contract and workplace policies as it's likely their job requires disclosing office relationships.
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She even stated that failure to notify "could lead to disciplinary action".
Legal considerations
Even though the UK does not have any specific laws on personal relationships in the workplace, there are a few steps workers can take if problems do come up.
Employment tribunals are the legal bodies dealing with workplace matters and the main forum for deciding on disputes between workers and employers.
The tribunal is independent of the government and will listen to workers or the organisation making their claims.
Anyone can make a claim if they think someone has treated them unlawfully.
This includes your employer, a potential employer, or a trade union.
Tribunals describe unlawful treatment as:
- Unfair dismissal
- Discrimination at work
- Breach of contract
- Unauthorised deductions from your pay
Just note that if a complaint is filed with the employment tribunal, it's likely that they will want to know if the company had a policy put in place.
They'll also want to make sure those rules were properly enforced and communicated to everyone involved.
Denise said it can be quite difficult to pinpoint exactly how many employment tribunal claims there have been around office romances, as these types of claims related are typically tracked as Unfair Dismissals or Discrimination claims.
For example, those related to sex, sexual orientation, and harassment.
However, there was a case where the former chief executive offer of McDonald's, Steve Easterbrook, was fired after the company found out he was having a consensual relationship with an employee.
Because McDonald's had a strict no-relationship policy for senior staff members, the burger joint was required to take disciplinary action, resulting in his dismissal.
Claiming time limits
Workers must make a claim within three months of the problem happening or of their employment ending.
If your claim is about discrimination, the three-month period starts when the incident or dispute happened.
For those who feel they've lost their job unfairly, the three-month period starts on the date your employment ended.
Just note that before you make a claim to an employment tribunal, you must contact the Advisory, Conciliation and Arbitration Service (ACAS).
The time limit for making a claim will be put on hold while ACAS helps you with your dispute.
Following workplace policies
Denise notes that reputations can be damaged by these types of claims.
"All Employment Tribunal judgments are now published online so anyone can read these, including staff and/or customers," Denise said.
To reduce risks, Denise advises companies to set up internal policies and rules around workplace romances to eliminate the need for tribunal cases.
While guidelines will likely vary based on your workplace, employer solutions lawyers from Davidson Morris created a code to help ensure safe practices between workers.
They recommend the rules, standards, and expectations regarding behaviour within the office are extremely clear.
This includes detailing acceptable and unacceptable behaviour and the consequences should any problems occur.
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Davidson Morris outlined factors employees may expect to see in any possible policies.
- Definitions of what constitutes personal relationships
- What happens if the policy is breached
- Consequences of a breach of policy
- Dealing with unwanted personal conduct, or contact following the relationship breaking down
- Managing personal relationships at work, such as behaviours, recruitment, management issues, and conflicts of interest
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