The legalities of romantic relationships at work
Published
25th Mar 2013
by bathamm
Romantic relationships at work can be positive, but they can also create a mass of issues for salon owners and managers irrespective of whether the relationship flourishes or rapidly loses its sparkle.
Here are just a few questions from readers who have experienced issues in this area.
Can I have a policy which states staff who are married can't work in the same salon?
In my opinion - no. If you had two applicants, whichever one didn't get appointed could claim discrimination based on their sex or marital status. Also, in reality such a policy isn't workable. Two applicants might be in a relationship but not married or living together, or it might be that an applicant has applied specifically because they are in a relationship with someone in the salon. What do you do if two employees start a relationship? - do they have to declare it and how do you decide which one has to move? Some application forms ask applicants if they have any relationships with existing employees but remember friends and family working together can be positive as well as negative.
Is it possible to state in my contracts that romantic relationships with colleagues at work are banned?
I understand why you might like to do so, but I think it is impractical and would refer to the answer above. From an employment law perspective the issue really is what do you do if it happens? Do you discipline one or both? Do you decide one has to leave and if so, who? It is easy to see how a claim for sex discrimination can easily materialise. I think it is only likely to result in relationships becoming hidden, and, how do you define a relationship as opposed to a fling?
We have just had an uncomfortable, few months after two employees ended their three-year relationship and this caused immense friction in the salon and also between staff groups. I know I can't ban staff from seeing colleagues outside of work but how can I limit any impact in my salon?
I think it is often best just to speak to the employees directly regarding your expectations. The issue is potentially more serious if one of the individuals has a supervisory role and obvious concerns about management, fairness and equality can surface. The bottom line is that the relationship should not be visible to clients or impact on the business; if it does then it would become a disciplinary issue.
This morning the husband of my senior stylist came into the salon and started an argument followed by a fight with one of the male staff, who it transpires has been having an extra marital affair his wife. The incident was in full view of all the clients. Can I sack both staff members involved?
Unfortunately, this sort of thing can happen! I understand entirely why you would be annoyed that their actions have impacted on the salon. However, ignoring the actual incident, we need to go back and ask what is the legal position? To dismiss them you have to view their actions as gross misconduct. Potentially, the male employee might be guilty of gross misconduct in terms of the fight and the impact on clients who witnessed it. But it might be that he was attacked and was the innocent party. It is much more difficult, in terms of your disciplinary procedure, to think what your senior stylist is guilty of. She doesn't seem to have invited her husband to assault her colleague.
There might be a case for suspending one or both of them but you need to carry out a fact-finding interview before deciding what, if any, action to take. In my experience, by the time you carry out the interview one or both of them will have decided that they cannot return to work for one of a number of reasons.
The senior stylist in my salon is married to the manager and they book their holidays together. They also book Christmas off together every year. Is there anything I can
do about it?
In reality, probably very little. I understand why it doesn't seem fair and this is another issue with couples working together. You do not indicate who actually authorises the holidays? If it is the manager, I think you can only raise the problem with him or her or raise it as an issue for all of the staff. As the salon owner you could set some booking rules to be agreed so times like Christmas or other desirable holiday periods are shared among your staff.
My boyfriend and I both work in the same salon and he has been dismissed from the salon for alleged theft. The salon owner is saying that I have to leave as well. Is this fair or correct?
I am afraid fairness isn't the issue, if the law is applied properly that is all that is required. It is rare that employees will all agree any decision by an employer is 'fair'. There is no fundamental reason why you have to leave. I appreciate why you might find it difficult to continue working there.
If the salon owner believes you were somehow involved directly or indirectly with your boyfriend then they would need to follow their disciplinary procedure. You cannot simply be asked to leave and you certainly shouldn't resign.
David Wright advises Habia and UK salons. For £225 he will write your contracts, policies and salon handbook. You can contact him with your employment queries and he will send you a monthly newsletter filled with practical advice.
l Contact 07930 358067, 01522 831061, or visit him on his dedicated forum at www.hji.co.uk where he joins the HJi expert panel.
