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Relationships in the Workplace:
Valentine’s Day Special Edition
Workplace relationships (whether friendships, romantic involvements or familial ties) are an inevitable feature of modern employment. They can enhance collegiality and morale but also pose both legal and operational risks if unmanaged.
This article provides practical and legal insight into how Employers can, and should, approach these issues in UK workplaces under current law and best practice.
1. How to Manage Relationships from a Policy Perspective
Why a Policy Matters
Most Employees have a right to a private life under Article 8 of the Human Rights Act, but even for those who aren’t covered specifically, it’s usually not realistic to ban workplace relationships outright. However, relationships can create risks such as perceived or actual conflicts of interest, favouritism, or claims of unfair treatment if they affect workplace decision-making or conduct.
A tailored relationships at work policy helps balance these rights and risks. It sets expectations, clarifies how the organisation will respond to issues, and equips managers to act consistently and fairly.
Key Elements of a Workplace Relationships Policy
Good practice suggests a policy should:
Clarify Objectives: Acknowledge that personal relationships are not prohibited, but that the organisation needs to manage situations where relationships could affect performance, integrity or team dynamics
Define Scope and Expectations: Outline what is expected of Employees in terms of professional conduct, especially where relationships intersect with work activities, reporting lines or collaboration.
Disclosure Procedures: Consider requiring staff to notify HR of certain relationships, particularly those between managers and direct reports, so that appropriate arrangements can be made (e.g., reassigning reporting responsibilities). Any disclosure mechanism must be handled sensitively and confidentially.
Conflict of Interest Measures: Explain how potential conflicts will be managed (e.g., exclusion from recruitment decisions where bias could arise).
Conduct and Consequences: Reinforce that inappropriate workplace behaviour, whether linked to a relationship or not, will be addressed under existing conduct, harassment and disciplinary procedures.
Manager Training: Equip managers with guidance on how to handle disclosures and perceived conflicts (without discrimination) and provide regular, meaningful training.
Importantly, any policy must be lawful and non-discriminatory. Singling out those in relationships for differential treatment, absent a genuine business justification, could itself give rise to claims (for example, of unfair treatment or discrimination).
2. Discrimination Based on Marriage and Civil Partnership
Protected Characteristic: Marriage and Civil Partnership
Under the Equality Act 2010, marriage and civil partnership are protected characteristics. This means that treating an Employee less favourably because they are married or in a civil partnership can amount to unlawful discrimination. Examples might include denying a married Employee a benefit available to others or disadvantaging them in career progression due to stereotypes about their marital status.
Claims can arise in various contexts, such as recruitment, promotion, or allocation of work.
Discrimination can be:
Direct: Explicit less favourable treatment because of marital status; or
Indirect: Applying a workplace rule or measure that disproportionately disadvantages married staff and cannot be justified as a proportionate means of achieving a legitimate aim.
Victimisation: Treating someone badly because they have brought, or supported, a discrimination complaint is also prohibited.
Policy Implications for Employers
Employers should ensure that:
Policies and practices do not inadvertently disadvantage employees on the basis of their marital status.
Benefits programmes, flexible working arrangements or allowances for partners do not exclude married or civil partners in a way that is unjustifiable.
Training for managers includes awareness of protected characteristics to avoid biased assumptions affecting decisions.
3. Duty to Prevent Sexual Harassment
New Proactive Legal Duty
From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 has introduced a statutory proactive duty on UK employers to take reasonable steps to prevent sexual harassment at work. This represents a major shift from a reactive model to a preventative regime.
Under this duty, employers must:
Implement effective, clear anti-harassment policies.
Deliver meaningful, regular training and awareness initiatives.
Provide accessible and safe reporting mechanisms.
Take prompt action to address issues and mitigate risk before harm occurs.
New duty to prevent third party sexual harassment
The new duty to prevent third party sexual harassment comes into effect in October 2026. The steps will be prescribed in statute and statutory guidance (expected 2027).
This new duty requires Employers to take all reasonable steps to prevent harassment by third parties, including (but not limited to) clients, customers, contractors, and suppliers.
The aim is to place greater responsibility on Employers to proactively take action to prevent the behaviour from happening and to set a clear expectation that all forms of harassment are unacceptable. A zero-tolerance standpoint.
Employers will need to be able to show that they have taken all reasonable steps to prevent harassment, not just some. This is a significant change in the legal framework surrounding workplace harassment.
Integration with Relationship Policies
Romantic or personal relationships at work can, if they sour or are poorly managed, give rise to allegations of unwanted conduct or harassment. Employers must therefore ensure that relationship policies are integrated with anti-harassment policies (emphasising professional conduct, consent, boundaries and respect).
Liability and Enforcement
Employment Tribunals can increase compensation awards by up to 25% where they find an Employer has failed to take reasonable preventive steps. This elevates the importance of evidence that preventative measures were actively implemented and communicated.
Cultural and Practical Measures
Best practice goes beyond policy wording. It includes (but is not limited to):
Fostering an organisational culture of respect and accountability.
Encouraging bystander intervention and reporting without fear of retaliation; and
Regularly reviewing risk assessments and procedures in light of emerging issues.
4. Practical Takeaways for Employers
Review and Update Policies: Ensure workplace relationships, conduct, discrimination and harassment policies are coherent, compliant and aligned with current law.
Train Managers: Equip people managers to handle disclosures, conflicts of interest, and complaints with sensitivity and legal awareness. Ensure training is meaningful and regular.
Embed Respectful Culture: Promote behaviours consistent with inclusion and dignity at work (not just compliance on paper).
Monitor and Evaluate: Regularly audit HR practices and incident data to identify trends and areas for improvement.
Conclusion
Relationships at work are a normal part of organisational life. With well thought out policies, proactive, meaningful training and an inclusive culture, Employers can manage the risks without infringing employees’ rights. In addition, staying ahead of legal obligations (particularly the new duty to prevent sexual harassment and the ongoing prohibition against marital/civil partnership discrimination) protects both the workforce and the organisation’s reputation.
If you need assistance drafting or revising your relationship and harassment policies in light of these developments, our employment law team can work with you to ensure legal compliance and practical effectiveness.
