Under the watchful eyes of thousands of concertgoers, the CEO and the Head of HR of the American company Astronomer openly revealed their secret affair. When the kiss cam moment went viral, it was shortly afterwards reported that the CEO had been dismissed because of the affair. A good moment to consider the legal implications of romance in the workplace.
Conflicts of interest and integrity
A romantic relationship between two colleagues does not necessarily give rise to employment law issues. However, if the colleagues are in a hierarchical relationship, their relationship may create (the appearance of) a conflict of interest. Examples include situations in which performance reviews are influenced, or discussions about promotions, salary increases or other forms of preferential treatment arise. To prevent disputes and complications afterwards, it is advisable to include and enforce clear rules in the employee handbook regarding workplace relationships.
No prohibition, but a duty to report
Love is a personal matter in which the employer should generally not interfere. Nevertheless, provided there is a clear and written policy, an employer may in certain circumstances expect employees to disclose workplace relationships. This may apply, for example, where a manager enters into a relationship with a subordinate. In such cases, the employer can take measures in order to avoid (the appearance of) conflicts of interest.
Social safety and the employer’s responsibility
The social safety of employees is increasingly high on employers’ agendas. Employers have a duty to ensure a safe working environment. Particularly when relationships end, tensions or even inappropriate behaviour in the workplace may arise. Employers are therefore advised to anticipate such situations through policy measures, such as appointing a confidential adviser and establishing reporting procedures.
Measures and sanctions
Although the CEO of Astronomer lost his position following the revelation of his romantic workplace relationship, matters will not always escalate so quickly under Dutch employment law. A romantic relationship in itself is not a ground for dismissal. However, if the relationship leads to an unworkable employment situation or an unsafe working environment, measures or sanctions may be appropriate. Depending on the circumstances, options may include reassignment or arrangements allowing employees to alternate working from home. Only in exceptional cases will dismissal be considered. It is always advisable to consult a lawyer before taking measures or imposing sanctions.
Conclusion
In short, romance in the workplace is not generally prohibited, but it does require careful handling. Good policies are half the work, but tailored solutions remain essential. The employment lawyers at GMW advocaten are happy to advise you on updating your employee handbook and on discussing and guiding specific situations.
More information
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