Reacting to the McDonald’s CEO workplace relationship issue highlighted in the media yesterday, Lisa Bryson, Partner, Employment and Immigration, Eversheds Sutherland in Belfast commented:
“There can be a fine line between consensual and inappropriate relationships in the workplace, particularly if one party is sub-ordinate or if a romantic relationship turns sour. The #MeToo era has also brought the issue of discrimination and harassment into sharp focus and highlighted the litigation risk for employers who do not take steps to eliminate inappropriate behaviours. This has undoubtedly contributed to why companies are increasingly concerned about the potential implications of relationships in the workplace, with many implementing policies to prohibit romantic encounters between staff.”
Lisa Bryson, Eversheds Sutherland
“We all now know that McDonald’s has such a policy and that their CEO has been removed because of a consensual relationship he had with another employee. There is nothing unlawful about a company policy which prevents relationships between colleagues or requires disclosure of them. However, the question of enforcing such a workplace policy or ban is more complex. It is difficult, for example, to see how an employer in Northern Ireland could fairly justify dismissing an employee for breach of such a policy. The key consideration must focus on whether the relationship in question creates a genuine conflict of interest and/or might lead to conduct which is, in fact, prejudicial to the employer.”
“Of course employees also have a right to privacy and this is another factor which needs to be taken into account in this context. A complete policy ban on any romantic workplace relationships, irrespective of potential conflict or business risk, is more likely to fall foul of the Human Rights Act than one that is measured and balances an individual’s privacy rights with legitimate business interests.”