By Andrew Macaulay-Ferguson, Assistant Solicitor
Valentine’s Day has a way of softening edges of what would normally be frowned upon activity in the workplace.
Cards may appear on desks, jokes may be made and flowers might turn up at reception.
For many workplaces, it feels harmless, perhaps even welcome, a brief interruption to the daily grind.
However, for employers, Valentine’s Day should prompt something more sobering – a reminder that workplace relationships, boundaries and behaviour all carry legal and reputational consequences that cannot be ignored.
With the introduction of the new duty to take reasonable steps to prevent sexual harassment, the legal landscape has shifted decisively.
Employers are no longer judged solely on how they respond when something goes wrong, but on what they have done to prevent it happening in the first place.
Valentine’s Day, with its blurred lines and heightened emotions, is a timely moment to ask an uncomfortable question:
Are you genuinely preventing risk or simply hoping that no one complains?
Our long read blog, covers a wide range of issues in the workplace, which you read using the links below:
Prevention, not reaction: A higher standard for employers
The duty to prevent sexual harassment is anticipatory and ongoing. It requires employers to think ahead, assess risk and put effective measures in place before incidents occur.
Waiting for a complaint is no longer good enough.
What counts as “reasonable steps” will vary. It depends on the size of the organisation, its resources, the sector it operates in, the working environment and the nature of interactions between staff and third parties.
There is no checklist and no minimum standard that guarantees compliance.
That uncertainty is precisely what increases risk. Reasonableness is an objective test, assessed on the facts and when things go wrong, employers will be judged not on their intentions, but on what they actually did.
The consequences of getting this wrong are significant. Employment tribunals now have the power to increase compensation for sexual harassment claims by up to 25 per cent where an employer has breached the duty.
The Equality and Human Rights Commission can require formal action plans and, in serious cases, seek court injunctions.
Beyond the legal sanctions lies the far harder damage to reputation and employee trust, which can take years to repair – if at all.
Romance does not exist in a vacuum
Workplace relationships are not new, they are as old as the concept of work itself, but what has changed is the context in which they exist.
Many employers are understandably wary of office romances, particularly where power imbalances exist. Some consider a zero-tolerance approach, believing it to be the safest option.
In reality, outright bans often create more problems than they solve. A blanket prohibition risks infringing employees’ right to private and family life under the Human Rights Act 1998.
It can also drive relationships underground, making them harder to manage and increasing the likelihood of disputes, grievances and even constructive unfair dismissal claims.
More importantly, banning relationships entirely does nothing to address the real issue, which is inappropriate behaviour in the workplace.
The legal risk does not arise from the existence of a relationship, but from how it is conducted, how power is exercised and how boundaries are respected.
The hidden risks of third-party harassment
Valentine’s Day also shines a light on a risk that is often overlooked and that is harassment by clients, customers, suppliers or other third parties.
Many people will have their own horror stories to share about unwanted advances, comments or looks that made them uncomfortable whilst performing their duties.
It is also the responsibility of employers to take reasonable steps extends beyond interactions between colleagues.
You must take proactive measures to protect staff from harassment by third parties they encounter in the course of their work, whoever that involves.
This is particularly challenging because third-party harassment is frequently underreported.
Employees may fear that their complaints will not be taken seriously or that raising concerns about a valuable client could harm their position. Staff should feel supported when complaints are raised and it is imperative that these complaints are dealt with promptly, effectively and in a sensitive way.
Employers should ensure that perpetrators of sexual harassment are sanctioned, and appropriate support is provided to those who raise or are witnesses to complaints.
Without understanding the scale and nature of the risk, prevention is impossible. Risk assessments and regular staff surveys are a critical starting point.
These should identify not only internal risks, but also external ones, such as isolated working environments, for example a staff member at another client’s workplace or working on the road, client meetings in private settings, alcohol-fuelled environments or repeat customers who engage in inappropriate behaviour.
Where risks are identified, employers must be willing to act even where doing so is commercially uncomfortable.
Valentine’s Day gifts and the myth of harmless flirting
A box of chocolates or a bouquet of flowers may seem innocuous and, in many cases, they are, but context matters.
Sexual harassment in employment law is defined as unwanted conduct of a sexual nature or relating to sex, that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
It is judged by how the conduct is perceived by the recipient. So, what one person sees as playful flirting may feel deeply uncomfortable to another.
Valentine’s Day often brings these issues into sharper focus. Unsolicited comments, jokes or gestures are more likely to surface under the guise of celebration.
This can lead to an increase in complaints, particularly where boundaries have never been clearly defined.
Some employers choose to address this proactively by reminding staff in advance that gifts and cards should be exchanged outside of work and by reinforcing expectations around professional behaviour.
Valentine’s Day does not need to be banned, but it does need to be managed appropriately and in line with current legislation.
“Work wives” and “work husbands”
In recent years, Valentine’s cards for “work wives” and “work husbands” have become commonplace. Often intended as humour, the concept carries genuine risk.
A so-called work spouse is not a neutral figure and it implies emotional closeness that extends beyond a normal workplace relationship.
In a professional setting, that can quickly translate into perceptions of favouritism, bias or exclusion felt by other members of staff, particularly if there is seniority involved.
If one party has influence over the other’s workload, progression or opportunities, the risk is heightened.
Even where the relationship is genuinely platonic, all it takes is for one person to cross a line for the situation to become uncomfortable or unlawful.
These dynamics can also spill into employees’ personal lives, particularly where long hours and emotional reliance blur professional boundaries.
The result can be resentment, conflict and disruption that extends far beyond the individuals involved to spouses or partners outside of the workplace.
Clear boundaries are essential. While employers cannot police friendships, they can set expectations about professional conduct and refer to these issues explicitly within work polices and employee handbooks.
Disclosure without punishment
There is no legal obligation for employees to disclose workplace relationships. However, encouraging disclosure can be a sensible and proportionate step when framed correctly.
If employees understand that disclosure is intended to help manage conflicts of interest rather than to punish them, it is more likely to be viewed positively.
Disclosure allows employers to take practical steps, such as adjusting reporting lines, before issues arise.
That said, extreme care is required. Moving an employee out of a team or role must not feel like a sanction or demotion, particularly where there is a risk of sex discrimination claims.
Alternatives should always be explored first and communication must be handled sensitively.
Policies that protect rather than police
There are no specific laws governing relationships at work, but that does not mean employers should be passive.
Some organisations have experimented with “love contracts” or consensual relationship agreements.
While these may appear attractive in theory, they raise serious concerns around privacy, coercion, enforceability and misuse.
In some cases, they risk silencing individuals who are experiencing manipulation or abuse.
A more effective and proportionate approach is a clear relationships at work policy, which sets expectations, encourages transparency and provides guidance on acceptable behaviour, while also directing employees to safe reporting mechanisms if issues arise.
Importantly, the existence of a relationship alone is not a legitimate reason for disciplinary action.
However, where a policy exists and is breached, employers have a clearer framework for intervention.
Training as the first line of defence
Mandatory sexual harassment training should be provided to all staff, covering what constitutes harassment, the standards of behaviour expected and how to raise concerns.
This training should be regular, not a one-off and embedded into onboarding for new starters.
Managers require additional training on how to handle complaints sensitively, promptly and effectively. Policies must be clear, accessible and supported by a culture where reporting is encouraged and victimisation is actively monitored.
Without training, policies are little more than paper shields.
Love, law and leadership
Valentine’s Day shouldn’t be about banning romance or stripping warmth from the close relationships developed in the workplace.
Instead, it is about recognising that human relationships exist within structures of power, responsibility and legal obligation.
If you are looking for advice on workplace relationships or would like to review existing policies and staff handbooks, please get in touch with our employment law team.
