It is a fact of life that employees often meet their romantic partners at work. A blanket ban on workplace relationships is going to be unpopular. It’s also, practically, unworkable.  Control of the issue is impossible; risk management must be HR’s goal. 

Here are five points for HR to note as they navigate the management of risks posed by workplace relationships:

1. What Happens if the relationship breaks down?

A failed workplace relationship can lead to tension, grievances, or even claims of unfair treatment. Consider putting in place a specific policy on personal relationships at work, setting expectations for professionalism.

If the relationship breakdown is causing significant disruption at work, it might be possible to dismiss an employee on the basis that there has been an irretrievable breakdown in the working relationship, relying on the potentially fair reason of ‘some other substantial reason’. You would need to have good evidence that all other options (including redeployment and mediation) had been explored before taking this step.

2. What if one partner moves to a competitor?

The implications of this very much depends on the position held by the employees involved. If they are in sales or a strategically important position, then it could cause issues. Conflicts of interest, confidentiality concerns, and restrictive covenants come into play. HR should review non-compete clauses and confidentiality agreements to ensure they are enforceable against the departing employee. If the retained employee is able to work remotely, review any hybrid working and IT policy to check you have appropriate controls of confidential information in place (secure passwords etc …).

3. The risk of harassment claims

A relationship that is welcomed at first can later result in harassment allegations if one party continues unwanted advances after a breakup. Employers should ensure robust harassment policies are in place and that training on appropriate workplace conduct is provided. 

4. Power imbalances and conflict of interest risks

Relationships between managers and subordinates can lead to claims of favouritism, conflicts of interest, and coercion concerns. HR should consider voluntary disclosure requirements for relationships that could impact team dynamics.

5. Mandatory relationship disclosure and the right to a private life

It is important that employers do not overstep the mark in probing workplace relationships. Employers now have a proactive duty to prevent sexual harassment in the workplace. In complying with this duty, it could be seen as important that the employer has an awareness of any romantic relationship which could impact on workplace dynamics.  However, mandating the disclosure of relationships is uncommon and may infringe upon employees’ rights to privacy under Article 8 of the Human Rights Act 1998.  A balancing exercise must be undertaken. Employees have a right to privacy. Any disclosure requirement should be limited to current relationships. Arguably it is far better to encourage voluntary disclosure rather than mandating it. 

While workplace relationships can be positive, they present risks that HR must actively manage. Clear policies, proactive risk management, and legal awareness help prevent issues before they arise.

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