There is a lack of clarity surrounding 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 sometimes 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 or even result in redundancies.
In this article, we will review what UK law says about relationships in the workplace, addressing the issues surrounding workplace relationships while offering advice to business owners to protect their employees, as well as their own best interests.
What Does UK Law Say about Relationships in the Workplace?
There is no law in the UK that says you cannot have a relationship with someone from your workplace. 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, due to the social structure of many workplaces, having relationships with employees who are subordinate or senior to yourself can cause issues should either party leverage their relationship in order to receive unfair treatment.
Dating Your Coworker vs Dating Your Employee
Relationships between coworkers are usually unproblematic, so long as the relationship does not affect the ability of either party to complete the responsibilities of their job role. 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, there is the potential that the more powerful party might be tempted to use their position to give the other 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 similarly be interrogated. While the subordinate party could feel obligated to entertain a romantic relationship for fear of repercussions, such as 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 an employee for having a workplace relationship, in some cases, a company may 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 relationship with an employee. His transgression was not that he had betrayed a spouse – Easterbrook was a divorced man – nor was there any suggestion that the relationship was not fully consensual. Instead, it is McDonald’s itself that Easterbrook is said to have betrayed. His employment contract contained a clause forbidding workplace relationships, and so, reasoned the board, he must go.
Sexual Harassment and Workplace Relationships
It is not hard to imagine the workplace ramifications when a relationship ends badly for the individuals involved as well as their unfortunate colleagues who may have to witness blazing rows or endure an unpleasant atmosphere. However, even successful workplace relationships can present their own problems.
Inappropriate behaviour at work can make other employees uncomfortable or upset. This can all breed resentment in a workforce and lead to the employer having to deal with complaints, grievances and even allegations of sexual harassment or discrimination. This final point is especially pertinent in light of the Amendment of Equality Act 2010, effective October 2024. This places the onus on employers to take reasonable steps to prevent sexual harassment, such as through training and explicit workplace policies.
The Health and Safety Executive (HSE) provides its own guidance on preventing workplace harassment, in which it states ‘[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
Owing to the serious issues that can arise for employers when coworkers have romantic relationships, many choose to have a workplace relationships policy. These range from stipulating an outright ban on relationships to including a notification clause in their employee contracts that requires them to declare any relationship at work. Though such clauses can be useful, it is unlikely that banning workplace relationships will ever stop them from happening.
In the UK, workplace relationships can be fraught with risk, so it makes sense for employers to protect themselves and other employees by having a strong workplace relationships policy. The key thing for employers is to ensure that 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.