In modern workplaces, personal romantic relationships are not uncommon. While there are no laws prohibiting workplace romances, they do create complexities and risks for employers.
Employers can proactively manage these challenges by setting clear policies on disclosure and professional conduct, particularly in cases of power imbalance. It’s crucial to maintain a supportive environment that respects personal relationships while ensuring fair treatment and preventing conflicts of interest.
Workplace romances
Workplace romances are a reality, with surveys suggesting that up to 50% of Australian employees have a romantic relationship at work at some stage during their careers. It is impractical to attempt to prevent such relationships and doing so could cause more harm than good.
Employers should focus on identifying and mitigating the risks associated with workplace romances rather than trying to prevent them.
Identifying potential risks
Some of the most obvious risks include:
- Conflict of interest: The most significant risk arises from actual or perceived conflicts of interest, particularly when there is a power imbalance. For instance, if one partner has decision-making authority over the other’s work assignments, compensation, or promotional opportunities, it could lead to actual conflicts. To address this, responsibilities should be reassigned to neutral parties where necessary.
- Perception of favouritism: Even in the absence of a direct conflict, power imbalances can lead to suspicions of favouritism, creating a toxic workplace environment.
- Workplace dynamics: The relationship itself can impact the workplace, with rumours and gossip potentially constituting bullying. Also, if employees are showing displays of affection it might cause their co-workers to feel uncomfortable.
- Relationship breakdown: When workplace romances end, they can result in hostility and create a tense atmosphere. In extreme cases, this can escalate to harassment or require legal interventions such as restraint orders.
Strategies for risk management
To effectively manage the risks associated with workplace romances, employers should:
- Establish disclosure protocols: Employees should be aware of when and to whom they need to disclose a relationship. Disclosure is typically necessary when there is a power imbalance or if one partner can influence the other’s work-related benefits. It is less necessary where the employee couple are peers, or don’t interact at work.
However, employers should be mindful that not all relationships will be disclosed due to personal reasons or because of the nature of the relationship.
If there is a rumour of a relationship that ought to be disclosed, employers should not be afraid to ask questions to determine whether there are risks that need to be mitigated.
- Enforce boundaries and professional conduct: While it is acceptable for employees in a relationship to work together, they must not have control over each other’s work benefits or promotions. Time at work should be dedicated to professional duties, and personal displays of affection should be minimised to maintain a comfortable environment for all.
- Have a clear policy: A transparent policy that is easily accessible to all employees is essential. The policy should include:
- Clear guidelines on when an employee must disclose a relationship and the appropriate person to inform.
- Information on when it is appropriate to alter work arrangements or reporting structures to prevent conflicts of interest.
- Strategies to avoid favouritism and ensure equal treatment of all employees.
- A confidential system for employees to seek assistance if the relationship ends, or if issues such as domestic violence or sexual harassment arise.
Addressing sexual harassment in the context of workplace romances
Consensual workplace relationships are different to sexual harassment. The key distinction lies in the unwanted nature and absence of consent in sexual harassment cases.
While consensual office romances and sexual harassment are distinct, it is crucial to recognise that the risk of harassment increases if a relationship deteriorates.
Proactive investment in the prevention of sexual harassment and the careful handling of any incidents are imperative, aligning with legal responsibilities.
Next steps
By setting clear expectations and boundaries, employers can manage the risks associated with workplace romances. It is essential to approach these situations with sensitivity and fairness, ensuring that all employees are treated with respect and dignity.
If you need any assistance or would like us to send you a copy of our template policy, please don’t hesitate to contact Emily or Joe.
| Emily Creak Principal M: 0400 955 183 E: ecreak@pageseager.com.au |
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| Joe Mullavey Principal M: 0416 794 061 E: jmullavey@pageseager.com.au |
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Published: 7 May 2024
