As you’ve no doubt seen, at a recent Coldplay concert, a kiss-cam moment between Astronomer’s married CEO (Andy Byron) and its married HR Director (Kristin Cabot) went viral – inadvertently exposing their relationship to millions. Public scrutiny then forced the CEO to resign – although it is likely that he jumped before he was pushed. Although this high-profile incident took place in the USA, it is a scenario which could just as easily unfold on this side of the pond. It raises key questions for HR: can employers discipline employees for behaviour outside work? And when should personal privacy give way to reputational risk? In this week’s blog we reflect on the lessons which HR can take from this viral moment.

  1. Can off-duty conduct still be a relevant concern for employers?

Yes! Although the incident took place outside working hours, there are still grounds on which an employer might act:

  • If the concert was a work-related event, even unofficially, it could fall under the scope of workplace conduct.
  • The video was public and went viral, causing potential reputational damage.
  • Both individuals were in senior roles and may have breached a ‘relationships at work’ policy if the relationship wasn’t disclosed.

In such cases, the fact that something happened outside work doesn’t stop an employer from taking action – especially if there’s brand damage or a breach of internal policy.

  1. Doesn’t everyone have a right to a private life?

Yes – a right to a private life is a basic (although not unfettered) human right. If this relationship hadn’t gone viral, it might have been addressed quietly. But going public shifts the balance.

Employers should handle personal relationships at work with care and fairness. Having a clear ‘relationships at work’ policy helps set expectations and reduces the risk of perceived unfairness.

  1. What if it hadn’t been an affair?

The fact that both parties were married (but not to each other) intensified the fallout. Had this been a relationship between two single colleagues, the impact might have been minimal. But two elements made this situation more serious:

  • The reputational risk to the business from a public and widely viewed video.
  • The possibility that Byron was involved in Cabot’s recruitment – a potential breach of his duty of fidelity and a fairness concern that could expose the business to legal claims.

  1. Would it have made a difference if he was not the CEO?

Absolutely. As CEO, Byron was the face of the business. Senior executives have fiduciary duties and are expected to uphold the business’s reputation. His position increased the scrutiny and reputational stakes.

If a more junior employee had been involved, the issue may not have escalated in the same way – although reputational damage could still have arisen depending on the circumstances.

  1. Would it have made a difference if the relationship had become public knowledge in a less ‘explosive’ way?

Possibly. A more subtle relationship reveal would have avoided the potential for reputational damage to the business. Whether having an affair with a co-worker is, in and of itself, grounds for disciplinary action would depend on whether the relationship (or delay in revealing it) was in breach of any policies, when the affair began and whether Andy Byron was conflicted in any role he played in Kristin Cabot’s appointment.

Practical tips for HR:

  • Audit your policies
    • Ensure the employee handbook covers off-duty conduct and reputational damage. Consider creating a relationships at work policy if you don’t already have one.
  • Specify triggers
    • Clarify through policies and training what types of external behaviour could prompt disciplinary action (e.g. public misconduct, dishonesty, breaches of confidentiality).
  • Maintain fair procedures
    • Always investigate, provide employees the chance to explain, and apply consistent sanctions.
  • Plan communication strategies
    • Decide in advance what you will do as a business in response to any viral incidents occurring. Will you address them publicly? If yes, how? If no, why not?

Members of the HR Inner Circle can access our template Relationships at Work Policy in the vault.