The number of relationships at work seems to be eclipsed only by the number of surveys telling us how many relationships at work there really are. Avid readers of employment law and human resources journals will know that over 55% of those surveyed by Careerbuilder.co.uk have been involved with someone in the same office, while 70% of those surveyed by Human and Legal Resources have had relationships at work. Meanwhile, recruitment consultants Reed tell us that half of all workers have a secret crush on a colleague. Hot stuff, but how many of these amorous workers think about the legality of their actions before embarking on a romantic liaison?  

James Baker, solicitor at City law firm Macfarlanes  

Employers are increasingly looking to the law to put a stop to the fun and games of their staff. It is said that some 20% of UK employers currently use policies to try to prevent employees from dating their colleagues, citing a detrimental effect on individual performance or staff morale. Not everyone wants to see their colleagues holding hands and gazing into each other’s eyes over the photocopier, after all.  

UK employment law

Under UK employment law, however, employees who are punished for going out with their colleagues may be able to take action against their employers. An employment tribunal is unlikely to find that an employee was fairly dismissed for starting an office romance as long as it doesn’t interfere with their work and that of their colleagues. As long as individuals use their common sense and don’t get carried away, they are unlikely to be breaking the law.

What about a bitter break-up? 

Some employers don’t prevent their employees from having relationships, but do say that where the relationship breaks down one of the parties will have to leave if they can’t manage their personal lives amicably.

Is this lawful? 

Again, it will depend on the facts at the time. A blanket ban on relationship break-downs is as unlikely to be “fair” in the eyes of the law as a ban on relationships themselves – it will depend on how the individuals and those around them are affected. Employers should generally give the parties a last chance to improve their behaviour, by warning them that unless they mend their ways one or both of them will have to go.

Love contracts

You only have to look at the US to see the power that employers can wield if they so wish. The US has seen the rise of so-called “love contracts”. Contrary to what you might think, a “love contract” is an agreement between the employer and employee that the employee’s relationship with a colleague is consensual and voluntary, that they have read and understood their employer’s sexual harassment policy, and that they agree not to sue the employer should the relationship break down acrimoniously.

This sort of thing is unlikely to be legally enforceable under UK law – an employer cannot ask its employees to waive claims against it for events that have not happened yet. This is as true for sex discrimination or harassment as it is for unfair dismissal or personal injury.

It may even place the employer in breach of the Human Rights Act, if it has the effect of restricting an individual’s right to a private life.

So the message for all you lovers out there is this: don’t let a work relationship stand in the way of true love, but don’t be so love struck you forget you’re still colleagues – and employees. 

OFFICE ROMANCE DOS & DONT'S

Mandy Laurie, employment law partner at Dundas & Wilson

"Office romances aren’t the taboo subject they once were, but they can create an awkward environment if they’re badly handled.

”The worst case scenario is that one partner feels they have been treated less favourably by management than the other, and claims sex discrimination. There are a range of other potential pitfalls for employers if things don’t work out.

”Ultimately employers have to take a sensible attitude. An outright ban won’t work and could be open to all sorts of challenges, but a more measured approach – insisting that partners don’t work for the same line manager, for example – can prevent an office relationship from becoming a problem.”

DOs & DON’Ts

DO

• Make sure you cover office romances in your company handbook and communicate to all employees. It can be a distinct policy on its own, or could be included in something like a ‘Dignity at Work’ policy.
• Ensure that all management staff are clear on how relationships between employees should be approached. The last thing you need is someone making inappropriate comments or otherwise doing a David Brent.
• Visibly avoid favouritism. Having a line manager carry out her subordinate partner’s pay review isn’t likely to be well-received by other team members.
• Be aware if a relationship breaks down. If one partner is having trouble dealing with the split it could affect productivity, or worse, lead to allegations of harassment. 

DON’T

• Bury your head in the sand. Workplace romances are becoming more common as people spend more time in the office and company policy must acknowledge that.
• Take a Draconian approach and try to enforce a ban. That risks alienating and demotivating good employees who may just decide to leave.
• Allow ‘pillow talk’. Make it clear that any employee in a relationship with a less-senior colleague shouldn’t divulge information to which their partner wouldn’t otherwise have access.
• Forget your employees are human – if love is in the air there’s very little you can do about it, which is why a sensible policy is the best option.