4 workplace relationship issues, and how to handle them

It’s a fact of life that employees often meet their romantic partners at work. A blanket ban is literally unworkable, yet they can cause real problems for employers. So, once you’ve accepted that control is impossible, the goal of HR and employers must be risk management.

Here are 4 tricky situations highlighting risks posed by workplace relationships, with our suggestions to help you manage them:

1. Heartbreak drama at the office

A failed workplace relationship can lead to tension, grievances, or even claims of unfair treatment. Consider putting in place a specific policy on personal relationships at work, setting expectations for professionalism.

If the relationship breakdown is causing significant disruption at work, it might be possible to dismiss an employee on the basis that there has been an irretrievable breakdown in the working relationship, relying on the potentially fair reason of ‘some other substantial reason’. You would need to have good evidence that all other options (including redeployment and mediation) had been explored before taking this step.

2. One partner in the couple moves to a competitor

The implications of this very much depends on the position held by the employees involved. If they are in sales or a strategically important position, then it could cause issues. Conflicts of interest, confidentiality concerns, and restrictive covenants come into play. HR should review non-compete clauses and confidentiality agreements to ensure they are enforceable against the departing employee. If the retained employee is able to work remotely, review any hybrid working and IT policy to check you have appropriate controls of confidential information in place (secure passwords etc …).

3. A change of heart – leading to harassment claims

A relationship that is welcomed at first can later result in harassment allegations if one party continues unwanted advances after a breakup. Employers should ensure robust anti-harassment policies are in place and that training on appropriate workplace conduct is provided.

4.     Power imbalance and conflict of interest

Relationships between managers and subordinates can lead to claims of favouritism, conflicts of interest, and coercion concerns. You should consider voluntary disclosure requirements for relationships that could impact team dynamics.

Employer’s dilemma — Right to privacy vs protection from sexual harassment

It’s important that you don’t overstep the mark in probing workplace relationships.

There is a fine line for employers to tread. One the one hand, you now have a proactive duty to prevent sexual harassment in the workplace. To comply with this duty, you may want to be aware of any romantic relationship which could impact on workplace dynamics.  However, mandating the disclosure of relationships may infringe upon employees’ rights to privacy under Article 8 of the Human Rights Act 1998. 

It’s a balancing act. Employees have a right to privacy. Any disclosure requirement should be limited to current relationships. We recommend employers encourage voluntary disclosure rather than mandating it.

While workplace relationships can be positive, they present risks that HR must actively manage. Clear policies, proactive risk management, and legal awareness help prevent issues before they arise.

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