Legal update – Hearts & HR: Navigating Workplace Love Affairs

13 February 2025

Hearts & HR: Navigating Workplace Love Affairs 

Workplace relationships are an inevitable aspect of professional environments. In some cases, they pose no significant issues, particularly when individuals work in separate teams or locations. However, when colleagues in a romantic relationship work closely together, particularly in hierarchical structures, it can create serious risks for employers. 

One of the primary concerns is the perception of favouritism. If a supervisor is in a relationship with a junior employee, colleagues may feel that preferential treatment is being given. This can lead to complaints of unfair advantage, resentment within teams, and even insubordination. In more severe cases, employees who feel disadvantaged may resign and pursue constructive unfair dismissal claims if they believe a fundamental breach of contract has occurred, such as unfairly prioritising a romantic partner for promotions. 

Workplace romances can also become problematic when relationships break down. If tensions arise post-breakup, it can lead to disruptive behaviour, refusal to collaborate, or even workplace conflicts. In extreme cases where working relationships become untenable, employers may have to consider restructuring teams or, in rare cases, dismissing an employee. However, dismissal in these circumstances carries risks, including potential claims for unfair dismissal or discrimination, particularly on the grounds of sex. Any decision to terminate employment must therefore be based strictly on organisational needs rather than personal circumstances. 

Instead of outright prohibiting workplace relationships, which may encourage secrecy and increase turnover, businesses should implement a clear Workplace Relationships Policy. This policy should: 

• Set expectations around professional conduct and decision-making to prevent bias or conflicts of interest. 

• Require employees to disclose workplace relationships where a conflict of interest may arise, enabling proactive management. 

• Reinforce that inappropriate behaviour, whether in the office or through company IT systems, could lead to disciplinary action. 

A well-structured policy helps foster transparency and accountability while allowing employers to intervene if necessary. 

Employers must also be mindful of the potential for workplace relationships to escalate into concerns of sexual harassment, particularly if one party is unwilling to accept a breakup or if advances are unwanted. Given the legal requirement for UK businesses to take ‘reasonable steps’ to prevent sexual harassment, organisations should: 

• Conduct risk assessments related to workplace relationships. 

• Provide training on appropriate workplace behaviour. 

• Implement and enforce a strong Sexual Harassment Policy to establish clear boundaries and disciplinary measures, including potential summary dismissal for serious misconduct. 

While workplace relationships are often unavoidable, they can present significant challenges if not managed effectively. Employers should take a proactive approach by: 

• Introducing a Workplace Relationships Policy to set clear expectations. 

• Ensuring transparency around relationships that may create conflicts of interest. 

• Providing training and safeguards to prevent sexual harassment. 

• Managing conflicts professionally to protect workplace harmony and reduce legal risks. 

By implementing these measures, businesses can create a balanced approach that maintains professionalism while supporting a positive workplace culture.