To begin with: there are no statutory rules governing relationships at work. The basic principle is that an employer cannot impose an absolute ban on relationships between employees. An employer may, however, introduce policies, such as an obligation to report a romantic relationship with a colleague, or rules designed to prevent undesirable situations.
In a recent case that came before the court, the employer in question was a healthcare organisation. The employee concerned reported directly to members of the board and therefore held a managerial position. The organisation had a code of conduct in place, stating, among other things, that employees were not permitted to have a sexual or romantic relationship with colleagues with whom they had a working relationship. If such a relationship nevertheless arose, it had to be discussed with the employer. Any adverse consequences for the work or the organisation would then be assessed and, if required, measures could be taken.
From the summer of 2024 until February 2025, the employee in question had a mutual romantic relationship with a female colleague. On paper, she was hierarchically subordinate, but according to the employee she was in practice managed by a different supervisor. During the relationship, no colleagues were aware of the relationship. Even after the relationship became known, no problems arose in the workplace.
Breach of trust
On 7 July 2025, the female employee reported the now-ended relationship to the employer. The employer then asked the court to dissolve the employment contract of the employee who held the leadership position. The employer considered the employee’s conduct to be culpable, as he had acted in breach of the code of conduct: he had entered into a romantic relationship with a colleague and had failed to report it. According to the employer, this had resulted in a disturbed working relationship and a breach of trust.
The employee argued that the code of conduct had not been provided to him when he joined the organisation. In addition, the relationship was short-lived, mutual and equal, without dependency and without any negative consequences for the work or the organisation. He was not her actual manager and had no influence over her performance reviews or promotions.
The court ruled that the employee should have reported the relationship to be transparent, but found no grounds to dissolve the employment contract. In the court’s view, there was no culpable conduct on the part of the employee, justifying termination of the employment contract, and no disturbed employment relationship.
District Court of The Hague, 26 November 2025, ECLI (abbreviated): 22121
Preventing conflicts of interest and abuse of power
In the case above, the employer was particularly concerned that the relationship involved an employee holding a leadership role and a subordinate employee. The fact that the employee had kept the relationship secret also caused a breach of trust from the employer’s perspective. The employer did have a code of conduct that prohibited romantic relationships between colleagues. However, this code was not sufficiently clear, as it allowed room for a case-by-case assessment. There was no clear policy in place in this case.
Transparency
For employers, it is advisable to formulate clear and reasonable rules regarding romantic relationships in the workplace. Acknowledge that relationships can arise, but set boundaries to safeguard professionalism, equality and safety. Policies should focus primarily on preventing conflicts of interest, abuse of power and undue influence, for example in relationships between managers and their direct reports. Transparency is key: make clear when and to whom a relationship must be reported, and what will happen next. Clear rules on workplace relationships not only help prevent conflicts, but also form the basis for trust and a safe working environment.
More information
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This article was previously published in Rendement.