Workplace Relationships – Should they be permitted?

The recent high-profile departure of Steve Easterbrook, the Chief Executive of the fast food chain McDonalds, has sparked debate on whether employers can take action where colleagues have relationships with one another.

The attitude towards workplace relationships have somewhat changed over recent years given everyone is entitled to a private life and the same can, to an extent, extend into the workplace. However, employers are right to be concerned over workplace relationships as they have the ability to expose an employer to the following risks either during the relationship or in the event it does not work out:

• Complaints of favouritism from co-workers;
• Decreased morale of co-workers;
• The couples’ productivity decreasing;
• Claims of sexual harassment when the relationship breaks down.

Unlike in the US where it is commonplace to have a complete ban on workplace relationships, a total ban in the UK is not common and arguably overkill. Not surprisingly many employers will want to address workplace relationships in light of the above risks and the spate of other high-profile sexual harassment cases such as Harvey Weinstein and the #MeToo movement.

It is advisable for an employer to have a policy setting out its expectation that all staff should act in a professional manner and permit the employer to also take steps (i.e. internal transfers) in circumstances where one individual has line management responsibility for or influence over the other and to limit the impact on the business of the relationship or the fallout from the same.

A policy will be of course be comfort to employers, although a breach of the same will not automatically give rise to a fair or non-discriminatory termination. A mere hypothetical risk that it will impact the business may not be sufficient in such circumstances. An employer will be required to evidence why it was necessary to terminate one or both employees’ employment and will be expected to have applied its mind to alternatives, such as transfers, with any termination being the last resort.

For specialist advice on workplace relationships or on any other employment law matter, please contact our Coventry based Employment Law Solicitors:

Email: Lianne@askewslegal.co / Jake@askewslegal.co