Office romances

The law
Unless there is a total ban on office relationships at your office, it's unlikely that the relationship constitutes gross misconduct. However, office relationships may give rise to grounds for disciplinary proceedings. This is more likely to be the case if the relationship is between an employee and their line manager.
The grounds for any disciplinary hearing are unlikely to be the relationship itself, but matters arising from it, such as allegations by fellow workers of favouritism on the part of the line manager (this could also constitute sexual discrimination).
Employees have a right to a private and family life, as well as a right to freedom of expression under the Human Rights Act 1998. However, it is possible to interfere with a worker's human rights where this can be justified in a work context.
Sexual and/or other types of discrimination can be relevant and may arise in a number of different ways, particularly harassment, which is a type of discrimination.
The rights of married couples who work together must also be taken into account: it's unlawful to discriminate against someone on the basis of their marital status.
As a result of the sexual orientation equality laws, it's important that an employer doesn't treat the parties involved in a same-sex relationship any differently to how it would treat heterosexual colleagues who enter into a relationship with each other. The introduction of registered civil partnerships, due later this year, will essentially give those in a same-sex partnership rights similar to those of married couples.
Expert advice
In the scenario outlined above, if the employer's staff handbook and/or individual employment contracts address office relationships and how they should be handled, those procedures should be followed.
If you don't have a company policy dealing with office relationships, then you could introduce one to prevent future dilemmas. The policy should address matters such as: whether such relationships are permitted at all; whether they can or should be publicised openly in the office, or that only the HR department be informed in confidence; and what formalities need to be observed to avoid issues with relationships between colleagues of different levels or grades.
It might be an option to move one party in the relationship to another department or section, to reduce contact between them. However, this could only be done with the individual's consent.
You should also be aware of your duties relating to harassment in the workplace. Harassment can arise where either one party pursues the relationship more vigorously, or when allegations are made if the relationship breaks up. This is best addressed by having a comprehensive company harassment policy in place, and ensuring that it's regularly publicised to employees and consistently enforced.
Check list
Check whether you have contractual provisions and/or a policy already in place for dealing with office romances.
Consider whether informal and/or disciplinary action may be appropriate.
Be prepared for allegations of discrimination and/or harassment, and know how to deal with them.
Consider introducing a policy on office romances to deal with future occurrences.
Beware!
Not handling the situation properly can easily lead to claims for constructive dismissal, discrimination and/or unfair dismissal (including automatically unfair dismissal). Such claims are expensive and bad for business, and set an unwelcome precedent for other aggrieved employees.
Contacts
Andy Williams
Charles Russell
Tel: 01483 252566
E-mail: andy.williams@
charlesrussell.co.uk

www.worksmart.org.uk
(This site is run by the TUC and has a section on "relationships at work".)

BOXHEAD: the problem

BOXTEXT: Two members of staff recently went on a date with each other, on St Valentine's Day. Obviously, Cupid's arrow hit its mark, as a full romance has since blossomed. You are their line manager and are furious about the affair and want it stopped. What should you do in relation to this couple, if anything? Is there anything you can do to prevent difficulties arising, whether with this couple or with others?