By Jeya Thiruchelvam, employment law
specialist at Harding Evans Solicitors
The UK’s long-hours culture leaves little time to find love outside
the office. However inside the confines of the office, it’s a
different story with romance positively blooming. A recent survey
revealed that as many as 1 in 4 long-term relationships start at
work and over half the men and women surveyed had previously been
romantically involved with a colleague. In addition the same number
again admitted to regularly flirting with a colleague over email.
The advent of love in the office has led employers across the United
States to introduce “love contracts”. These contracts essentially
lay down ground rules on how couples should behave at work, confirm
that the relationship is consensual, reaffirm the company’s sexual
harassment policy, and provide that any disputes will be settled not
via a lawsuit but through arbitration. The rationale behind the
contracts is to ensure that conduct remains appropriate and
productivity does not suffer. Or if the relationship goes sour and
the individuals concerned feel more like trading insults than kisses
the company is protected against any fall-out.
Many UK employers are now following suit. A large number already
have policies in place about personal relationships at work, and
many are seriously considering introducing “love contracts”.
Perceived risks to the company of employees dating include the
improper dissemination of confidential information, difficulties
arising from perceived favouritism, and a negative impact on
productivity.
A recent survey highlighted the willingness of employers to relocate
one of the employees if such business risks were identified, with
most confirming that they were more likely to move the junior
employee. Where there is a gap in seniority the most common scenario
continues to be a senior male employee dating a less senior female
employee. Employers must be alive to the possibility that if the
more junior female is moved on the ground of her status alone this
could give rise to a claim for sex discrimination.
Despite the press attention surrounding the introduction of love
contracts they will not (and cannot) have the legal force that they
do in the US. Any agreement where an employee agrees to forego their
right to bring a claim against their employer whether for unfair
dismissal, sex discrimination or sexual harassment will not be
recognised by the courts. UK employment law specifically provides
that employees cannot waive their right not to be unfairly
dismissed, or their right not to be treated less favourably because
of their sex.
Love contracts raise a number of legal issues in addition to those
set out above. Firstly they may breach an employee’s right to
privacy under the Human Rights Act, and/or their rights under
current data protection law. In addition, whilst such contracts have
been accepted by workers in the US, the massive cultural differences
between us and our American counterparts may mean that the contracts
are culturally as well as legally inappropriate.
For these reasons it is unlikely that love contracts will become as
commonplace as they are across the Atlantic. However, the reality is
that love by the photocopier is becoming an increasingly common
occurrence, and so it is prudent for employers to have a policy
which deals with personal relationships at work. In essence such
policies should ask employees to declare a personal relationship if
they give rise to a conflict (or potential conflict) of interest or
breach of confidentiality; set out the conduct which is expected
from employees who are in a relationship and provide that employees
are not managed by their partners.
So its not all doom and gloom for office romances, but it is
important for employers to ensure that employees who are in a
personal relationship are managed in a fair and transparent manner.
