“Kiss-Cam” – when the office romance goes viral

“Kiss-Cam” – when the office romance goes viral

The now “infamous” Coldplay “kiss-cam” video has had according to reports (July 22nd, 2025) almost one hundred and twenty five million views on TikTok alone. The speed at which the couple, their external relationships and their employer was made public by “internet sleuths” and the global reach of this story is, to me, quite frightening. I am not going to comment on the video as there are two people and two families involved. However, the “office romance” does raise important issues for employers and People Teams, particularly when one has regard to the legal framework with which employers in Great Britain operate under, and the proposals which we have seen highlighted in the proposed Employment Rights Bill.

The office romance

Many people meet their future partners or spouses at work. Is this less so, with many spending less physical time in the office? Perhaps. However, office relationships do happen. Moreover, the rise of remote/hybrid working has shifted concern to online legal workplace risks which employers need to be aware of. Although, many conduct relationships in private, sometimes a relationship breakdown can lead to something more than a few tears over a broken heart. Sometimes allegations of discrimination, harassment and sexual harassment are raised which can lead employers and People Teams down tricky legal paths to navigate.

In light of this story, here are some thoughts from me.

Do we need a relationship at work policy?

Not necessarily but I do think it is important to set the expectations and boundaries around acceptable behaviours at work, which can include relationships. This could be done through policies or through Respect at Work Training. Some of my clients have policies on workplace relationships, not necessarily just limited to in-work couples, but covering situations where employees have relationships with people outside of work. These tend to be where there are issues of confidentiality or where there could be a conflict of interest (or a suggestion of such). If colleagues are in relationships (or if they were/have been or want to be) with another either inside their workplace or externally, it is important to ensure that the decisions they make are fair and that individuals are not swayed because of personal relationships or bias.

Being married or in a civil partnership is also a “protected characteristic” under the Equality Act 2010. It is important that internal equality policies explain this and that workplace equality training covers it.

Certainly, for senior employees and above, contract clauses which cover business-related confidentiality or operating in the employer’s best interests, as well as industry specific considerations are a good idea. Boundary setting might also include ensuring that individuals/couples adhere to certain behavioural expectations, for example, ensuring they are not making colleagues feel uncomfortable with open displays of affection in the workplace. Make clear that unacceptable or compromising behaviours might be considered a disciplinary offence, liable to summary dismissal.

Work/life “harmony”

External or internal relationship issues may creep into the workplace. This can cause difficulties at work. Maybe an employee needs time to be at home or away from work to address personal issues? Maybe there are internal counselling services or an EAP which could help? Be consistent and fair in your approach to supporting your colleagues.

Power Imbalance

In terms of relationships at work, issues can arise where there is a power imbalance. That is not to say that relationships cannot thrive between senior and more junior colleagues; however, where complaints of sexual harassment are raised, one of the areas to investigate is the seniority of the people involved and whether this has impacted the alleged conduct or its consequences. Our managers and senior leaders are role models, and we expect them to demonstrate behaviours which uphold employer values as well as its policies. Managers should also be aware how their behaviours could be misconstrued and the impact that this can have on others. Sexual harassment training for managers/Boards is a must.

Unwanted conduct of a sexual nature

Under the Equality Act 2010, individuals can bring claims for discrimination and harassment related to a protected characteristic(s) or victimisation if they are treated disadvantageously because they have raised a complaint under the Equality Act 2010. They can also bring claims for sexual harassment which concerns complaints about unwanted conduct of a sexual nature. Unwanted conduct may include touching, comments about a person’s sex life, inappropriate sexual jokes as well as serious cases of assault. It might include treating someone differently because they have consented to a relationship and then said “no” or if they dismissed romantic advances. The unwanted conduct must undermine dignity, creating a hostile workplace environment (I paraphrase) for the individual concerned or impacted. Such conduct must be “in the course of employment” although the definition of “in the course of employment” is potentially wide and could include workplace events. The courts will also look at the effect of the unwanted conduct on the “victim.”

“Reasonable Steps”

Under new duties placed on employers since 26 October 2024 under the Worker Protection (Amendment of Equality Act 2010) Act 2023, it is not enough to think that sexual harassment will not happen in your workplace. Instead, employers must take proactive “reasonable steps” to prevent sexual harassment at work or face potential compensation increases at tribunal. The Equality and Human Rights Commission (EHRC) in its technical guidance reminds employers that reasonable steps would include undertaking a risk assessment, undertaking (and repeating) manager/Board and employee preventative training as well as ensuring that investigation and complaints procedures are effective and encourage colleagues to speak up. Remember too that under the Employment Rights Bill, the “reasonable steps” bar is being raised to “all reasonable steps.” Employers must be proactive in their preventative steps and should not wait until there is a claim before acting.

Third Party Sexual Harassment

Employers would also be unwise not to turn their minds to the potential risks to their staff of sexual harassment by third parties such as clients or customers. Whilst it may not be a standalone claim as the Equality Act 2010 stands currently, such behaviours could be raised in a grievance, be used as evidence in other employment claims or be investigated by the EHRC. Remember too, that there are plans to make third party harassment – for all types of harassment including sexual harassment – a specific claim under the Employment Rights Bill. The risks of third-party harassment should be included within an employer’s risk assessment, policies, and training.

Wider impact

Employment Tribunal claims for discrimination, harassment or sexual harassment carry a hefty penalty with compensation being potentially without limit. Claims can also be brought for unfair or constructive unfair dismissal (remembering the 2-year service qualification is also set to be removed by 2027 as things currently stand). It is important that disciplinary processes are fair, and decisions are made within the band of “reasonable responses” otherwise, employers could fall foul of litigation and compensation awards. Allegations of discrimination, harassment and sexual misconduct can cause reputational damage to individuals and businesses. They can severely damage the individuals who raise them; although many choose not to bring a claim or complaint and simply leave an organisation. Claims take time to investigate and manage, and they are costly. Individuals may also face personal liability under the Equality Act 2010. The impact and scope of the Equality Act 2010 should not be underestimated.

The phrase “all publicity is good publicity”, may not be accurate in all cases.

The importance of Investigations

Was someone in a relationship but changed their mind? Was someone pressured into having a relationship? Has behaviour been misconstrued? Has the allegation been fabricated? Is there a pattern of behaviour within a team? Why are people leaving a particular team/manager?

Where a concern is raised, it is important to investigate quickly and sensitively, treating complaints seriously whilst remembering to be fair to both parties. Confidentiality is also key. Investigators should also keep an open mind, remembering to look for all relevant evidence. In some cases, particularly where allegations are sensitive, serious, in regulated businesses or where there is a pattern or culture of behaviour at a senior level, it may be wise to appoint an external investigator such as using our Specialist Investigation Team.

Remote working

Unwanted conduct of a sexual nature or harassment can include online activity. It is important to make sure that any policies relating to email/internet or social media cover discrimination, harassment and sexual harassment whether directed to colleagues or to third parties. Ensure staff are trained on appropriate social media use and are warned of the disciplinary consequences of misuse.

The future

As well as changes proposed to the Equality Act 2010, the Employment Rights Bill seeks to prevent employers using Non-Disclosure Agreements (such as settlement agreements) to silence employees who are subject to workplace harassment, sexual harassment or discrimination. Also, raising sexual harassment allegations will be potentially protected under whistleblowing laws. How a business operates, its culture and the way it manages (or doesn’t) complaints of inappropriate behaviours are being placed under greater scrutiny by changes proposed by the Employment Rights Bill.

Next steps and recommendations

Public “outings” of this nature are rare; however, the impact of workplace relationships on employers legally, reputationally, financially and on a personal level for those involved are important issues to engage in and to engage in now. Importantly, this is not an “HR thing.” All staff have a duty to prevent discriminatory, harassing and sexually harassing behaviours at work and call out such conduct.

For People Teams, I suggest reviewing policies particularly around acceptable use of systems/social media and policies relating to equality and anti-harassment (and sexual harassment). Ensure policies are clearly communicated and consistently applied. Think about what reasonable steps are relevant and appropriate for your organisation having regard to the ECHR Technical Guidance. This entails conducting sexual harassment preventative risk assessments and ensuring that reasonable steps such as monitoring and training (I recommend legal training) are put in place and that these measures are regularly reviewed, updated, and repeated.

Speak to us. Doyle Clayton is working with employers to deliver manager and workplace training (particularly focusing on sexual harassment preventative training), we are providing support with updating policies and we are also conducting investigations, workplace audits and risk assessments and HR/litigation advice.

For help and support, please contact Emma O’Connor eoconnor@doyleclayton.co.uk