Romantic Relationships in the Workplace: Legal Limits and Disciplinary Consequences

Workplace coexistence sometimes gives rise to personal relationships that go beyond the strictly professional sphere. However, when a romantic relationship between employees impacts the organization, a recurring question arises in labor law: can a company dismiss two employees for being in a romantic relationship?

Although some high-profile cases have brought this issue into the public spotlight, from a legal standpoint, the answer is clear: it is not lawful to dismiss two employees solely for maintaining a romantic relationship.

Nevertheless, exceptional circumstances may justify a lawful dismissal — provided there is a real, objective, and proportionate cause related to professional performance or breach of contractual duties.

 

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Legal Framework: Fundamental Rights and Worker Protection

The Spanish Workers’ Statute (Estatuto de los Trabajadores) protects employees’ privacy and prohibits discrimination based on personal circumstances.

• Article 17 of the Workers’ Statute declares void any discriminatory decisions based on personal or family circumstances.

• Article 18 of the Spanish Constitution guarantees the right to personal and family privacy.

Conclusion: A dismissal based solely on an employee’s romantic relationship is null and void, and may result in immediate reinstatement and payment of back wages.

When Can a Romantic Relationship Affect the Employment Relationship?

While the relationship itself does not justify dismissal, certain situations may give it legal relevance. Only when the relationship creates a real conflict of interest or causes demonstrable harm to the organization could it justify disciplinary action.

The following scenarios may warrant employer intervention:

• Existence of a direct reporting line. If one partner supervises, evaluates, or makes decisions affecting the other, the situation may entail risks of partiality, favoritism, or breaches of equality policies.

• Failure to disclose a relationship. Some companies include in their codes of ethics an obligation to disclose relationships between supervisors and subordinates. Intentional non-disclosure may constitute a breach of good faith under the employment contract.

• Impact on performance or workplace climate. If it is proven that the relationship has deteriorated the work environment, caused conflict among coworkers, or significantly reduced productivity, the company may take proportionate disciplinary measures.

• Misuse of information or resources. Any conduct related to the relationship that involves abuse of trust or breach of confidentiality may qualify as a serious misconduct.

In all cases, the company must demonstrate that any disciplinary action is based on an objective and proportionate cause, not as a retaliation or discriminatory act.

How Do Courts Determine Whether a Dismissal Is Lawful?

Spanish courts apply an indicative evidence system (prueba indiciaria):

1. Employees provide indications that the dismissal was motivated by their romantic relationship (for instance, a temporal link between the employer’s awareness and the dismissal).

2. The employer must prove that the cause of dismissal was real, objective, and unrelated to the personal relationship.

Relevant Case Law

• Judgment of the High Court of Justice of Cantabria (TSJ Cantabria 304/2015, April 21) requires the employer to prove a motivation that is “objective, reasonable, and free from any repressive intent.”

• Similarly, the High Court of Justice of Galicia (TSJ Galicia 2927/2015, May 22) states that disciplinary measures are only reviewable when there is fraud, abuse of rights, or discrimination.

Internal Policies and Labor Compliance as Preventive Tools

To minimize legal risk, companies may:

• Include transparency clauses in their codes of ethics, especially regarding hierarchical relationships.

• Publish and communicate internal policies, ensuring employees are aware of them.

• Apply disciplinary measures proportionately and consistently.

The legal effectiveness of these policies depends on their proper publication and employee awareness. While such policies cannot prohibit personal relationships, they help prevent conflicts and protect organizational integrity.

How Can We Help You?

Maintaining a romantic relationship is not a lawful cause for dismissal, but the employer may act when there is an objective and demonstrable detriment to the organization.
The key lies in balancing fundamental rights protection with sound corporate management.

At Adlanter, we help companies implement balanced internal policies that ensure respect for individual rights while preventing legal and reputational risks.
Learn more about our labor compliance and workplace conflict management services — and let our experts guide you.