Private Lives, Public Consequences: Personal Relationships in the Workplace

Unlike in the US, where stringent ‘anti-fraternisation’ policies or outright bans on workplace relationships are more commonplace and may be enforced, such measures are typically deemed inappropriate and disproportionate in the UK under the Human Rights Act 199,8, which incorporated the protections awarded by the European Convention on Human Rights, including Article 8 right to privacy, into UK domestic law.

However, there is a growing sense that more needs to be done in this area within the UK, with a landmark report recently proposing an outright ban on sexual relationships between barristers and junior staff. 

In keeping with this changing tide, workplace policies are increasingly being used by UK employers to mitigate against the risks of workplace relationships by requiring employees to notify the company if a romantic relationship is commenced with a colleague.

This requirement for disclosure of relationships can be particularly useful for employers as it may mitigate the risks of any perceived or factual favouritism by enabling employers to ensure that the relevant individuals are not involved in remuneration discussions or other key decisions involving the other party to the relationship.

Employers may also want to consider whether it would be appropriate to require job applicants to disclose any personal relationships with existing employees to ensure fair hiring procedures.

As with all policies, the workplace relationships policy should be proportionate in order to protect the interests of the business without significant interference into the employee’s personal lives. Employers should also clearly explain the reasons behind the policy in order to ensure employee awareness of the terms of the policy itself and to promote employee compliance with the policy.

Following the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024, employers are under a positive duty to take reasonable steps to prevent sexual harassment in the workplace.

In the context of workplace relationships, employers should be particularly mindful of the risk of sexual harassment following the breakdown of a relationship between employees where one individual is unwilling to accept the end of the relationship.

To comply with the positive duty to prevent sexual harassment, employers should establish confidential reporting mechanisms, such as the ‘Speak Up’ reporting channel mentioned above, which was in place for Nestlé, to enable employees to voice their concerns confidentially and sensitively.

Once an issue of sexual harassment has been raised and identified, the employer should follow clear procedures to investigate and manage the allegations raised.

Employers would also be expected to have ongoing sexual harassment training, which is tailored to the employer’s business and to the employee’s seniority, for example, as managers may be expected to have greater training in identifying and managing issues of sexual harassment.