Given the inevitability that personal relationships may develop in the workplace, employers can often find themselves unsure of how best to manage the implications. Disparities in seniority between employees involved in such relationships, alongside the increased awareness around workplace misconduct arising from movements such as #MeToo, have added further complexity to what is already a sensitive and potentially contentious issue. 

While some employers may consider imposing a blanket prohibition on personal relationships between colleagues, such an approach is generally impractical and may infringe on employees’ rights to a private life under Article 8 of the European Convention on Human Rights, as incorporated by the Human Rights Act 1998. Employers will understandably wish to protect legitimate business interests; however, this must be balanced with respecting employees’ autonomy and privacy. 

 

The role of a Workplace Relationships Policy

The most effective and proportionate response for employers is likely to be the introduction of a clear and consistently applied workplace relationships policy. Such a policy can help manage the legal and practical risks associated with workplace relationships and provide a framework to address any issues that arise. 

A well-drafted policy can: 

  • Set out the employer’s expectations regarding conduct where personal relationships exist; 
  • Clarify the boundaries between acceptable and unacceptable behaviour; 
  • Help to prevent conflicts of interest, perceptions of favouritism or breaches of confidentiality; 
  • Mitigate the risk of claims relating to harassment, discrimination or victimisation under the Equality Act 2010; 
  • Provide guidance on the appropriate course of action where a relationship exists between employees in a direct reporting line.

 

Addressing conduct and behaviour

The policy should clearly define what constitutes inappropriate conduct in the context of a workplace relationship. This may include, for example, engaging in intimate behaviour such as kissing, touching or holding hands during working hours, or any conduct that may reasonably be considered to undermine the professional environment. 

Employers may wish to require that all communication between colleagues remains professional during working hours, including the use of email and work phones for business purposes only. The policy should refer to and align with existing standards outlined in the organisation’s disciplinary, IT usage and code of conduct policies. 

 

Confidentiality and data protection concerns

A key concern arising from workplace relationships is the potential for breaches of confidentiality or misuse of sensitive information. This is particularly relevant where both individuals work in the same department or have access to confidential data. Employers should remind staff of their obligations under the Data Protection Act 2018, and the consequences of disclosing confidential or proprietary information to their partner. 

A policy may explicitly state that employees must not share commercially sensitive or confidential information with colleagues with whom they are in a personal relationship, and that doing so may result in disciplinary action. 

 

Navigating the boundary between relationships and harassment

There can be a fine line between the initiation of a consensual romantic relationship and conduct that may amount to sexual harassment. Under the Equality Act 2010, sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of violating another’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. 

For example, a single invitation to a social occasion is unlikely to amount to harassment if it is made respectfully and any rejection is accepted without further pressure. However, persistence after a clear refusal, or repeated unwelcome advances, could result in a valid harassment complaint. 

Sexual harassment may also arise where one party uses a position of authority to make sexual advances. For instance, if a manager asks a subordinate out on the promise of a promotion or threatens negative consequences in the event of refusal, this could amount to direct sex discrimination, sexual harassment and potentially give rise to a constructive dismissal claim. 

 

Power imbalances and reporting lines

Where a relationship develops between individuals in a reporting or supervisory relationship, employers may consider whether a reallocation of duties or reporting lines is necessary to avoid actual or perceived conflicts of interest. Any such decision must be approached with sensitivity, fairness and in consultation with the individuals concerned. 

Employers should be cautious that any changes to duties or reporting lines do not amount to an unlawful variation of contract without the employee’s consent. A unilateral change to an employee’s role may give rise to a claim of constructive unfair dismissal if it breaches the implied term of mutual trust and confidence. 

Employers may wish to reserve the right in the policy to transfer one or both parties to alternative roles in circumstances where a conflict of interest or risk to business operations arises. However, this should be implemented only where necessary and proportionate.

 

Relationship breakdowns and workplace tensions

Just as relationships can form at work, they can also break down – sometimes acrimoniously. Employers should recognise the potential for such breakdowns to affect team dynamics, productivity or attendance. Where this occurs, support mechanisms such as Employee Assistance Programmes or occupational health referrals may be helpful in the first instance. 

Where conduct following a relationship breakdown breaches expected standards, the employer may need to take disciplinary action under its conduct policies. Employees should be reminded that bullying, harassment, victimisation or retaliatory conduct will not be tolerated under any circumstances. 

 

Grievances and vexatious complaints

Following the breakdown of a relationship, there is also a risk that grievances or complaints may be raised. While all grievances must be handled impartially and in accordance with the employer’s grievance policy, employers should be alert to the possibility of vexatious or malicious complaints. 

Such conduct should be addressed under the organisation’s disciplinary procedure, where appropriate. Ensuring that managers are trained to spot and respond appropriately to escalating interpersonal tensions is also recommended. 

 

Equality and consistency of application

Any workplace relationships policy must apply consistently to all employees, including directors, senior staff and managers. The policy should also apply equally regardless of sexual orientation or gender identity, in line with the protected characteristics outlined in the Equality Act 2010.