There is a lack of clarity about the legality of workplace relationships in the UK. As many adults spend most of their time at work, it is only natural that they develop friendships with their fellow employees, which can lead to romantic relationships. While this might not seem like an issue, depending on the hierarchical dynamics at play or your company’s workplace relationship policy, an affair between employees could cause issues for their colleagues.
In this article, we will review what UK law says about relationships in the workplace, address the issues and offer advice to business owners to protect their employees and their own best interests.
What Does UK Law Say About Relationships in the Workplace?
There is no UK law that outrightly forbids workplace relationships. In accordance with Article 8 of the Human Rights Act 1998, everyone has the right to respect for their private and family life, which means that consensual workplace relationships are completely lawful.
While UK law takes no issue with romantic relationships in the workplace, dating employees who are subordinate or senior to you causes issues if either party leverages their relationship to receive unfair treatment.
Dating Your Coworker vs Dating Your Employee
Coworker relationships are usually unproblematic, so long as the relationship does not affect either party’s ability to complete their role’s responsibilities. Issues with workplace relationships generally arise when there is a power imbalance between relationship partners.
In cases where one party is more senior than the other, they could potentially use their position to give their subordinate an unfair advantage over their colleagues. Conversely, the senior party could abuse their position to punish the other in the event of an argument or breakup.
The conduct of the subordinate party should also be investigated. While the subordinate party could feel obligated to entertain a romantic relationship for fear of repercussions, like an unfair dismissal, they could equally manipulate their romantic partner for favourable treatment, such as a reduced workload or fast-tracked promotion.
Can Relationships in the Workplace Get You Fired?
While there is no legal precedent to take action against employees for engaging in workplace relationships, a company may sometimes choose to pursue disciplinary action or even fire you for having a relationship at work.
In 2019, Steve Easterbrook, the then Chief Executive of McDonald’s, was made to step down because he had a workplace relationship. He had not betrayed a spouse (Easterbrook was a divorced man), and the relationship was fully consensual. Even so, Easterbrook broke his employment contract with McDonald’s, which contained a clause forbidding workplace relationships, and so the board concluded there were grounds for termination.
Sexual Harassment and Workplace Relationships
When a workplace relationship ends badly, there are plausible ramifications for the parties involved as well as their colleagues, who could be subjected to blazing rows or an unpleasant atmosphere.
Even successful workplace relationships can present problems, too. Inappropriate behaviour at work can make other employees uncomfortable or upset, which can breed resentment and lead to complaints, grievances and even allegations of sexual harassment or discrimination. Such allegations are especially pertinent in light of the Amendment of Equality Act 2010. This law places the onus on employers to take preventative sexual harassment steps, such as through training and explicit workplace policies.
The Health and Safety Executive (HSE) provides its own guidance on preventing workplace harassment: ‘[if] the mutual trust and confidence between employer and employee is broken, then an employee can resign and claim ‘constructive dismissal’ on the grounds of breach of contract.’ In cases like this, the law normally sees the employer as responsible for their employee’s actions under their duty of care.
Workplace Relationships Policy
Due to the serious issues that relationships in the workplace pose for employers, many choose to have a workplace relationships policy. These policies can range from stipulating an outright ban on romantic relationships to including a notification clause in contracts that requires employees to declare any workplace relationships. Though such clauses can be useful, it is unlikely that banning workplace relationships will ever stop them from happening.
In the UK, workplace relationships are risky, so it makes sense for employers to protect themselves and other employees by having a strong workplace relationships policy. Employers must ensure they provide a safe and supportive working environment, with good communication and robust policies in place, so that everyone knows what conduct is and is not acceptable.
How Can Newtons Solicitors Help?
If you need advice about relationships in the workplace, employment law for individuals or employment law for businesses, our specialist solicitors can offer support and guidance to resolve your workplace woes.
Whether you believe you are the subject of an unfair dismissal, you are worried about how to dismiss an employee fairly or are considering attending an employment tribunal, get in touch with our team at Newtons Solicitors today.