It began with a spotlight, a crowd of 60,000 fans, and a Coldplay ballad playing softly in the background. What could possibly go wrong?
Plenty—if you’re caught on the kiss cam with your Head of HR, and you’re the CEO of a major tech firm.
That’s exactly what happened at a recent Coldplay concert in Boston, where a now-viral clip showed Andy Byron, CEO of Astronomer, and Kristin Cabot, the company’s HR chief, sharing what looked like an unexpectedly intimate moment. The internet lit up. So did the inboxes of Astronomer’s board of directors.
In the days that followed, Byron resigned, Cabot was placed on leave, and the entire HR profession collectively facepalmed.
Beyond the memes and public spectacle, the incident highlights a much deeper workplace issues: how organisations handle personal relationships between employees, especially when those involved hold positions of power.
Can Office Romances Be Banned?
Reports indicate that between a quarter and a third of long-term relationships begin in the workplace. Despite this, there has been an increase in organisations introducing workplace relationship policies and taking action against employees found to be involved in romantic relationships. But is this legal?
There is a careful balance to be struck by employers. On the one hand, employers are right to take steps to protect business interests, avoid conflicts of interest, undermine hierarchy in teams, and avoid workplace disputes and litigation when a relationship breaks down. On the other hand, employers must also respect an employee’s right to private life under Article 8 and avoid taking disproportionate action against workplace relationships.
Employers are increasingly relying upon so-called ‘relationships at work’ policies. These policies often require employees to notify the organisation if they engage in a romantic relationship within the workplace. In some cases, the policies go further than this, warning of potential disciplinary or other action against its employees. An outright ban on relationships is unlikely to be proportionate and therefore constitute an infringement of an employee’s Article 8 right to private life, so employers must tread carefully when deciding to take action against its employees.
Dismissal for a Workplace Relationship?
We have seen a number of high-profile cases involving dismissals because of workplace relationships. One will recall the decision by McDonalds to dismiss its CEO because of his relationship with a member of staff. In that case, McDonalds made clear that despite the consensual nature of the relationship, the CEO had violated company policy and exhibited poor judgement. In the fallout of ‘ColdplayGate’, a similar zero tolerance approach may have been taken by the organisation, reportedly opting to suspend both employees pending investigation, with the CEO resigning shortly thereafter.
In addition to consideration of the right to private life, employers must be mindful of potential claims for unfair dismissal. Although potentially a fair reason for dismissal in certain circumstances, either as a conduct issue or for ‘some other substantial reason’, employers must ensure that they have reasonable grounds for dismissing the employee. An employer must ensure that they follow a fair process and act in a consistent manner when dealing with office romances. The tribunal will expect the employer to consider alternatives to the dismissal: Can one employee be redeployed? Can they report to an alternative manager? Does the conflict give rise to a legitimate business risk?
It is apparent from recent cases that employers feel increasingly bound to take action against workplace relationships in circumstances where one of the employees involved is more senior than the other. That will often give rise to more legitimate reasons for an employer to take action to prevent the relationship.
No matter which approach an employer takes, the best way to prevent conflicts arising from workplace relationships is to set clear, well-communicated policies from the start – defining acceptable conduct and ensuring those standards are applied consistently when situations arise. No policy can Fix You but a good one can prevent some of the challenges an employer may face when dealing with the dreaded office romance.
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Our experienced employment specialist solicitors can provide you with clear and practical expert advice on the managing workplace relationships and drafting policies. Whether you require ongoing HR advice and support from experienced employment law solicitors, or a one-off consultation to review your documentation and procedures, our team is happy to help. Contact us today to arrange an initial call.
