Q. I have two employees who have become romantically involved at work. What should I do?

A. Personal relationships between employees can be a concern for employers. This can particularly be the case if the employees are at different levels of seniority, as allegations of favouritism can arise.
In certain professions, employers may be concerned that one employee will pass confidential information about the business, customers or other employees to the other. Further, if the relationship ends, this could lead to a drop in productivity, a lowering of workplace morale or, in extreme cases, allegations of sexual harassment.
In the USA employees sign "love contracts" which acknowledge the employer's harassment policy and require them to confirm the relationship is consensual so the employer is protected from sexual harassment claims if the relationship turns sour.
Whilst such contracts will not necessarily prevent UK employees from bringing claims, as employees here cannot sign away their discrimination rights in this way, employers can still consider steps to protect their business against the adverse consequences of an office romance. For example, an employer may wish to introduce a policy requiring employees to disclose conflicts of interest, which could include the disclosure of relationships in certain situations. It could also set out the standards of behaviour expected in these situations, and remind the employees of their responsibility to behave in a professional manner at work and their obligation not to disclose confidential information to parties who are not authorised to receive it.
Should acts of favouritism, a drop in productivity or poor performance occur, the employees should be informally warned that any further instances will be dealt with formally through the company's disciplinary procedure, and reminded of their obligations to the business.
In more serious cases, disciplinary action may be necessary. Separating the couple may be an option where the conduct of the employees has become a disciplinary matter, but employers will need to take care not to treat employees of a certain sex less favourably, as this could lead to discrimination claims.
Ultimately, an employer can dismiss the employee if the relationship has adversely affected their performance or led to confidential information being disclosed. However, as this could result in an unfair dismissal complaint, employers should ensure that they have a fair reason for dismissing the employee (for example, misconduct or some other substantial reason) and they must act reasonably in dismissing the employee for that reason. Employers should take advice in this event.
Employers in the public sector will also need to ensure that they do not breach the employee's right to a private life under the Human Rights Act in the action that they take.

For further information please email paula.bailey@howespercival.com