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The Guardian - UK
The Guardian - UK
Business
Joanna Partridge

Tainted love: is it all over for the workplace romance?

Bernard Looney, BP’s chief executive
Bernard Looney, BP’s chief executive, was forced to resign after failing to be fully transparent with the board about the number of colleagues with whom he had had personal relationships. Photograph: Kamran Jebreili/AP

Workplace relationships have existed as long as there have been workplaces. Many people find their life partners in the place where they spend most of their waking hours.

But the politics of the office romance have changed. For generations of senior male executives, relationships with more junior staff were commonplace. Now they are a minefield.

BP’s chief executive, Bernard Looney, has become the latest business leader to find this out to his cost.

His shock resignation took the markets off guard. Looney was forced to fall on his sword after admitting that he had failed to be fully transparent with the BP board about the number of colleagues with whom he had engaged in personal relationships. The company’s directors said they expected everyone at BP to behave in accordance with its “strong values”, while requiring its leaders to “act as role models and to exercise good judgment”.

Looney thereby joins the not-so-hallowed halls of executives whose careers have been scuppered by private dalliances.

Just days after Looney’s departure, Edward Tilly, the chair and chief executive of US-based stock market operator Cboe Global Markets, resigned after a company investigation found he had failed to disclose “personal relationships with colleagues” which “violated” company policies.

Steve Easterbrook, the British chief executive of the US group McDonald’s, was fired by the fast-food company in 2019 for violating company policy, which forbids managers from having personal relationships with direct or indirect employees. Easterbrook was this year fined $400,000 (£328,000) and banned as an officer and director for five years by the US stock market regulator for “allegedly concealing the extent of his misconduct” by failing to disclose other relationships with other colleagues.

In April, Jeff Shell departed as boss of NBC Universal, one of the world’s largest media groups, after acknowledging an “inappropriate relationship” with a female colleague.

US companies have traditionally had stricter guidelines than British employers. Some implement so-called “love contracts” – signed by two colleagues confirming they have freely chosen to enter a romantic relationship – which are designed to prevent potential future sexual harassment claims.

Such contracts would not be possible in the UK.

“US corporations do have outright bans on their management having relationships at work. In the UK that would be illegal under our Human Rights Act because of the right to a private life and the right to a family life,” said William Granger, a partner at the law firm Wedlake Bell, who specialises in employment matters.

However, he said UK companies increasingly expect senior leaders to declare relationships with colleagues either on joining, or when they are promoted.

Granger said firms’ HR departments needed to tread carefully to protect employees’ privacy and keep any disclosed romances confidential.

Tina Chander, a partner and head of employment at the law firm Wright Hassall, said that on a basic level, office romances could be challenging for employers, especially at smaller organisations, because they could knock productivity.

“I’ve been practising employment law for about 16 years and I have dealt with issues arising from what we call workplace romances. I think they used to be very, very hidden,” she says.

Warwickshire-based Wright Hassall conducted their own survey about workplace relationships in 2022, finding that almost a quarter of the 2,000 people polled had had a romantic encounter with a colleague.

Chander adds: “They can impact performance because people will be emailing all day or having conversations as opposed to actually getting on with their jobs.

“It can also cause unrest among the wider workforce if that relationship is between two different tiers of staff.”

This is the particular concern for businesses: that romantic relationships – especially those between a boss and a more junior staff member, where there is an imbalance of power – could lead to unfairness, or accusations thereof, if other members of the workforce feel that a boss’s partner could be given preferential treatment, including bonuses or promotions.

Indeed, BP’s own code of conduct for staff makes clear that “a conflict of interest may occur when your interests or activities affect, or appear to affect, your ability to make objective decisions for BP.”

It specifies that this can include “having an intimate relationship with someone whose pay, advancement or management you can influence”.

One way for organisations to prevent conflicts of interest resulting from office romances would be to move one partner to a different department – especially if their liaison was with their line manager – although this would be far easier in larger organisations.

A question for those who embark on a relationship with a colleague may be at what point they decide to report the start of a relationship.

A key moment for organisations comes when appointing, or promoting senior executives, according to Ann Francke, the chief executive of the Chartered Management Institute, something which has once again come into focus as a result of Looney’s departure from BP.

“Boards and senior leaders would be well advised to thoroughly probe not only the competence of senior executives, but also their behaviour, prior to appointing,” she said.

There had been a generational shift, said Francke, with staff “much more likely to put pressure on organisations to deal with these behaviours”. The solution, she said, was to act before the fallout damaged the business.

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