The Power of a “Kiss Cam”

Unless you are one of few across the world who hasn’t succumbed to social media or you have given up on watching the news due to doom and gloom headlines, you will not have missed the clip of a couple caught on a “kiss cam” at a Coldplay concert in the US going viral this weekend.

What initially looked like a happy couple enjoying the love and electricity of a Coldplay concert, quickly turned to (as Chris Martin put it) a couple who were either “very shy” or were having an affair. Unfortunately, it appears that it was the latter. In a world where information is at our fingertips, it didn’t take long for a spiralling picture to emerge whereby media outlets quickly identified the couple. The global audience soon learned that they were both married but not to each other. As if that realisation wasn’t bad enough for those personally involved, it also transpired that they both held senior positions within the same US based company, Astronomer.

This video and story unravelled on social media quicker than the individuals involved could respond – a global headline story drawing opinions and commentary from everyone and anyone.  The power of social media and a kiss cam!

I’m not here to judge the choices people make but as an employment lawyer, it was apparent to me what the implications of the actions of those individuals would have been from a professional perspective.

Firstly, ‘blurred lines’ springs to mind. This situation highlights the boundaries that can be blurred between personal and professional lives. In the UK, employees have the right to retain privacy, and this has to be managed by employers in situations where personal and professional lines cross. However, this kiss cam footage is a prime example of when personal life and choices can have professional consequences where such ‘off-duty’ behaviour materially affects the employer.

Some might question why or how, which brings me to my second point – power and power imbalances. Had the two individuals not been senior executives, would the impact of their personal choices have had the same material effect on the employer? It is this element of the story that has created significant traction as he was the CEO and she was Head of People. Their respective positions immediately raised uncomfortable questions about power and power imbalances, transparency, favouritism, trust, conflicts of interests, bias, leadership and workplace culture.

It is not clear whether other senior executives and the board of Astronomer were aware of the relationship, but the attention this situation gained on social media would have left them, or any employer in a similar position, no option but to investigate and take appropriate action. Arguably, Astronomer didn’t move as quickly as social media to manage its position from a PR perspective, but the CEO has since resigned which at least suggests some form of accountability.

From a UK employment law perspective, in light of the positions of those involved, this is the sort of incident that would warrant a disciplinary investigation and invoking a disciplinary procedure as it raises serious questions around conduct (of the type referred to above) and reputational damage.  The likelihood is, unless either individual was able to come up with some compelling mitigating evidence, the outcome could reasonably have resulted in a gross misconduct summary dismissal, which should only ever be decided following a fair process and reasonably probing the questions posed by the video. This same outcome may not be appropriate had the individuals been in more junior roles, but again it would depend on the circumstances, and the impact on the employer from a reputational perspective.

Advice to employers

Workplace relationships are common and, in some ways, inevitable noting workers can spend more time at work than at home. However, it is important for employers to do what they can to promote and balance personal privacy with professional standards. Having policies that seek to address this will assist as will training for managers and HR on managing workplace relationships. This may go as far to include a “relationships at work” policy that requires declaration of personal relationships especially where power imbalances or the risk of conflicts of interest exist. It is also important that employers’ consistently and fairly apply such policies when required to minimise risk.