Is there a UK law against workplace relationships?

Can UK employers control their employees’ personal relationships?

We spend a lot of time at work with colleagues and therefore it is not surprising that personal relationships between colleagues develop. There are pros and cons to personal relationships at work. The positives include more engaged staff.

There is no law that says that employees cannot have relationships at work. The only way that an employer could attempt to control personal relationships in the workplace would be to introduce a formal and written policy surrounding relationships at work.

It would be difficult to prevent personal relationships all together because employees have a right to a private and family life.

There are some limited situations where a personal relationship at work could be deemed to be in appropriate and potentially amount to an allegation of gross misconduct, however these situations would need to be judged on a case-by-case basis. A personal relationship which destroys trust and confidence in an employee or brings an employer into disrepute for example an affair between a head teacher and a chair of governors, or an affair in the workplace between for example a senior partner in a law firm and a junior colleague.

In any event, if an employer wishes to have some control or notification of personal relationships, they are well advised to put in place a policy.

In the US, it is commonplace for employers to ask employees to enter into a ‘consensual relationship agreement ‘, which usually includes an agreement not to have a personal relationship with a colleague. We believe that is difficult to prevent personal relationships all together because employees have a right to a private and family life. We do not recommend a policy which prohibits workplace relationships, however if an employer wishes to have some control or notification of personal relationships, they are well advised to put in place a policy.

Some practical points for a policy:

There are some examples of employers that have “relationships at work” policies to include:

• BBC
• Bank of England
• Leicestershire Partnership NHS Trust

A policy could include:

• Employers’ stance on relationships i.e. not prevented
• A requirement to declare all or some relationships at work, particularly if in the same team or one party managing the other
• Requirement to act professionally and appropriately
• Consequences of breaching the policy

What are the legal risks for employers of relationships at work?

There could be a risk of a discrimination claim for example:

• Sexual harassment – if one party to the relationship decides the relationship is no longer wanted, any unwanted conduct of a sexual nature could amount to sexual harassment under the Equality Act 2010. This is a claim that an employee could pursue against an employer and a colleague;
• Discrimination due to marriage or civil partnership – if an employee is treated less favourably due to being married or in a civil partnership this could amount to discrimination on the basis of the protected characteristic, marriage or civil partnership.

Need advice on workplace relationships or employment policies?

While UK law does not prohibit personal relationships at work, the risks and complexities for employers can be significant without clear guidance or a well-drafted policy in place. If you are unsure how to manage personal relationships in your workplace or want to understand the legal implications more fully, our employment experts are here to help.

Contact our team today for tailored, practical advice on navigating workplace relationships and creating robust employment policies that protect your business and support your people.