Research has shown that over 60 per cent of UK employees say
they have had a romantic relationship with a colleague. However, some employers
institute relationships policies, in order to address difficulties that may arise
from this circumstance.
Accusations of favouritism could be made by other
colleagues if a subordinate and a manager are linked romantically. Equally, complaints
concerning sexual harassment may be made by either party to the relationship if
it turns sour. Added to this, a romantic relationship can cause the
participants to become less productive or bring their private issues with each
other to work.
Conversely, there may be legal implications for employers
who wish to ensure that romantic partners, including husbands and wives or
civil partners do not work together on the same team. For example, the Sex
Discrimination Act means employers cannot allow direct or indirect
discrimination on the grounds of their employees’ marital status; meaning they
cannot be treated less favourably than unmarried persons of the same sex.
Additionally, The Employment Equality [Sexual
Orientation] Regulations prohibits discrimination against gay, lesbian or
bisexual workers on the grounds of their sexual orientation. If an employee has
disclosed their sexual orientation at work and conducts a same-sex relationship
with a colleague, employers should be careful that they are not accused of
discrimination if they attempt to address the situation.
Furthermore, Article 8 of The Human Rights Act protects
the qualified right to respect for private and family life and the right to
freedom of expression. This means restrictions employers might wish to impose
on romantic relationships at work could be seen as unreasonable or restrictive.
The best policy may be for employers to encourage open
disclosure about romantic relationships in the workplace. If there is no
atmosphere of secrecy the employer can demonstrate fairness toward a range of
situations and their consequences. Employers should ensure that company policy
on romantic relationships is communicated throughout the organisation and that
managers have guidance to deal with the issues.
On the other hand, if there are serious breaches of discipline due to romantic relationships between colleagues, for example, financial exposure, breach of confidence or a conflict of interest, the employer should be able to impose sanctions on employees involved, up to and including dismissal.