The starting point for ensuring romantic relationships between colleagues don’t have an adverse effect on employment relations and the organisation more widely is for employers to have clear standards of behaviour set out in policies and processes. Employers can:

1. Set out acceptable conduct in existing policies on equality, diversity and inclusion, dignity at work, anti-bullying and harassment, and communications policies including use of company email and mobile phones; or
2. Produce specific policies on relationships in the workplace.

All relevant policies should clarify the behaviours organisations expect their employees to demonstrate and examples of behaviour which will not be tolerated, for example:

• inappropriate physical contact and language at work,
• restrictions on manager and subordinate relationships within teams or locations, and
• guidance on declaring relationships.

They should make clear that if employees are involved in romantic relationships with colleagues, they have a duty to conduct themselves professionally and not let their relationship interfere with their work in any way. 

HR is responsible for encouraging the organisation to develop a culture based on dignity and respect, with healthy working relationships at its core. By proactively promoting the standards of behaviour expected of all employees, most will be sensible and behave appropriately if they develop a romantic relationship. While employees have the right to privacy, HR should encourage a supportive climate whereby people feel safe to report a romantic relationship and discuss its implications with management and/or another appropriate person.

HR has the responsibility for developing the organisation’s stance on romantic relationships at work and communicating clear policies to all staff. HR should also ensure that line managers understand how they should respond if there is a romantic relationship within their team, as well as their own responsibilities if they develop one themselves.

Employers should ensure that all leaders and line managers understand their responsibilities in managing people and role modelling the behaviours expected in the workplace. They need to have the confidence to intervene and take action where there is any breach of these standards. For example, if a romantic relationship develops between two team members, the manager will need to consider the wider implications for the team and have an open conversation with the employees involved in a relationship. This should include discussing the best course of action for the two employees as well as for the wider team, for example whether or not it would be appropriate for one employee to move teams.

Employers also need to communicate clearly that all complaints over inappropriate behaviour will be dealt with consistently and effectively and that, where necessary, action will be taken through fair application of disciplinary and grievance policies. 

Some organisations may choose to develop a specific policy on romantic relationships at work, setting out the organisation’s expectations if staff do develop relationships.

This could, for example, require employees to disclose workplace relationships, particularly those that might create a conflict of interest, such as a relationship between a manager and a direct report. 

Some standalone policies go further and set out what behaviour is regarded as acceptable in the workplace between colleagues who are romantically involved. Policies can be helpful, for example, in providing for a change in reporting lines once a relationship is disclosed. While relationships between colleagues in different teams may often have minimal impact on wider employment relations, a romantic relationship between a manager and direct report could cause tension in the team and have implications for trust. 

However, organisations should consider the content of policies and whether they are a good fit with organisational culture. The adoption of some policies might undermine trust in the employment relationship and potentially raise questions about whether employees’ right to privacy is being respected. 

Before establishing a standalone policy to help manage romantic relationships between staff, employers should ensure the benefits of doing so outweigh the potential disadvantages. They should also communicate the rationale for these policies clearly to staff, so they are seen as proportionate, helpful and not an unnecessary intrusion.

Global attitudes to workplace relationships differ, but employers in many regions have policies in place to set expectations around workplace romantic relationships in order to mitigate risk.

In Europe, Article 8 of the European Convention on Human Rights grants the right to respect for matters of private and family life. As a result, many European countries’ employment laws reflect this.

There are no specific UK laws preventing workplace relationships, so it is up to employers to decide upon their  policy in this area. Under the Human Rights Act, employees have a right to a private and family life, and this includes their personal relationships. Therefore in the UK, any policy needs to strike a balance between an employee’s right to a private life and an employer’s right to protect the working environment, other employees, its business interest and reputation.

An outright ban on all workplace romantic relationships is unlikely to be proportionate unless it can be justified due to the nature of the work, for example certain roles concerning state security. Employers can include clauses, banning only senior staff from relationships with junior employees within their own teams or locations, which may be enforceable under contract law. However other related claims can follow:

• Sexual harassment or discrimination claims may arise from one of the employees if the relationship ends badly.
• Data protection or privacy claims may arise if an employer investigates the relationship. For example, social media posts or banter about a relationship between colleagues, may lead to bullying and harassment claims.
• Sex or age discrimination claims - any action taken against those in a relationship must follow a proper disciplinary procedure, with both employees being treated fairly. If an employer is inconsistent, penalising one employee more than the other, forcing them to move departments or leave, this could result in sex or age discrimination claims.
• Disciplining gay couples may similarly lead to sexual orientation discrimination claims. Implementing any contractual provision or policy must therefore be objectively justified and implemented carefully to prevent discrimination.

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