How can I manage employees' personal relationships at work?

Personal relationships at work are not always limited to sexual or romantic relationships, they can also include family relationships, close friendships, and close financial, business or commercial relationships. This broad definition makes it unrealistic to interfere with employees’ rights to private life by restricting and imposing outrights bans on personal relationships at work. Therefore, employers are encouraged to accept that these relationships are part and parcel of being a business owner.

Employers are responsible for the health, safety and welfare of employees whilst they are at work (both under common law and statute) and they are also vicariously liable for the acts of their employees which are carried out during employment. Furthermore, employers may be liable for issues which arise outside of the workplace, for example, during work drinks and/or social events between colleagues.

Declaration Forms

The introduction of such forms are a good starting point for employers to initially identify relationships in the workplace. For example, employers should consider the introduction of a Declaration Form where job applicants are asked to give details of any personal relationships they may have with existing employees within the company. Additionally, a declaration form can be used to report any new relationships occurring among existing staff.

These forms can assist in taking reasonable and appropriate steps to safeguard the business and manage the relationship in a professional capacity. It is important to state that these forms should not be a bar to employment if information is given. When notified of the relationship, both parties should be met with to consider and discuss how the relationship may impact the workplace and deal with any potential conflicts of interest, agreeing appropriate measures should they arise.

When storing data regarding personal relationships at work, employers must be mindful of their GDPR obligations. There must be a genuine need to store this information. An employer must ensure that any data is stored correctly and kept private and confidential, with only those who require access to it for the purpose of administering and managing the information.

Introducing a “Relationships at Work” policy

A Relationships at Work policy will assist employees in understanding the employers approach on personal relationships in the workplace and the framework for how these relationships are to be handled consistently.  

This policy may reference relationships between those in a direct reporting line (i.e. manager/subordinate roles). The addition of this information helps to minimise the effect of power and authority one person may have over the other in the relationship and how this may impact their working relationship. These types of relationships may require the employer to move one of the employees to a different role in order to prevent contact at work, if necessary. However, any alternative job the employee is moved to must be suitable and of the same level of seniority, and transfers must not discriminate on any protected characteristics.

Training on bullying, harassment and conduct at work

Where the fallout of a personal relationship at work does sour, this could result in situations of bullying and harassment that can be seriously detrimental, not only for the workplace, but also to the employer’s business. Bullying includes unwanted physical contact or assault, and also includes verbal bullying, such as making threatening or insulting comments including comments intended to undermine, belittle, embarrass, or humiliate. This could potentially lead to grievances being raised and souring the work relationship between the two parties further.

Introducing training, on how managers can manage bullying and harassment within the workplace, is very beneficial to manage personal relationships. It is important to keep a balance between training on bullying and harassment, maintaining a zero tolerance of this behaviour and not making hard and fast rules restricting personal or intimate relationship in the workplace.

Legal considerations

In the UK there are no specific laws governing personal relationships at work, however there is broader employment law such as the Equality Act 2010 and the Protection of Harassment Act 1997 that may apply when managing such relationships. The Equality Act 2010 prevents direct and indirect discrimination, harassment or victimisation and the Protection of Harassment Act 1997 allows claims to be brought in the civil court for harassment.

In the context of personal relationships at work, there may be issues of sex discrimination or harassment, particularly if the relationship sours. Sex discrimination can occur where a female employee has been asked to leave over a male employee because of their relationship or the breakdown of it. And if an employee believes they have experienced harassment because of their gender, this could also amount to discrimination. In extreme cases, employees may be entitled to resign and claim constructive dismissal in an employment tribunal.

If employers are addressing issues arising from personal relationships through their disciplinary process, they must ensure they have the justification to do so. For example, they must be able to reasonably show that the consequence of the relationship has had a detrimental effect on the business.  Mishandling a disciplinary process, or continuing without reasonable justification for doing so, could render any action unfair, resulting in a case being brought for unfair dismissal.

In summary, banning intimate and personal relationships in a business is fraught with difficulty but this does not mean employers should ignore the risks. There are plenty of options for employers to manage and minimise these risks and make for a more receptive workplace.