It’s fair to say a lot of people spend as much time with their colleagues as they do with their friends and family, which is why it’s no surprise that romantic relationships are so common in the workplace. There are those relationships which are out in the open, and also those which employees involved try to keep under wraps, typically affairs.

Here, we take a look at how employers can manage the fallout from a workplace affair when the relationship becomes public knowledge.

1. Potential abuse of position

The potential for abuse of authority within the workplace to encourage or coerce more junior employees into engaging in affairs is unfortunately all too common.

Ultimately, relationships at work in the UK are not unlawful. Article 8 of the Human Rights Act 1998 gives employees the right to a private life. Therefore, an employee can have a consensual relationship with another colleague, subject to any workplace policy which prohibits relationships. A total ban on relationships at work is likely to contravene Article 8 of the Human Rights Act. That said, some employers implement a relationship at work policy which requires employees to disclose to their employer if they are engaging in a relationship with a colleague.

Any workplace relationship, affair, or romance between a senior and a more junior employee may cause issues. The risk of the more junior person alleging an abuse of position is high. It also creates the risk of favouritism, a conflict of interest, allegations of sexual harassment and the potential to create a toxic working environment within a team of employees. Additionally, if the relationship ends badly and working relationships become strained it can become tricky for an employer to manage things.

2. Lying in an investigation

In some circumstances an internal investigation will take place to ascertain as much detail as possible about an affair, especially if a junior employee has claimed abuse of power against someone more senior. In order to protect a relationship at home, where for instance one or both of the parties involved in the affair may be married and have children, employees may try to cover up details of the affair during an investigation. Clearly, lying to an employer about any matter is potentially a gross misconduct offence, particularly when it involves deliberately misleading a formal investigation. Commonly, an employer will include lying or deception as a gross misconduct offence within its disciplinary policy and it is certainly a good idea to do so.

3. Damage to reputation

Employers are entitled to consider disciplinary action, including dismissal, where an employee does something to bring its business into disrepute. This is usually a gross misconduct or misconduct offence within most employers’ disciplinary policies to protect an organisation’s reputation in the marketplace, particularly in Northern Ireland, where communities are often tight knit.

4. Position untenable – some other substantial reason

If, based on the fallout from a workplace affair it becomes apparent that either or both of the employees’ positions have become untenable, employers can look to dismiss an employee for what is known as ‘SOSR’- meaning ‘some other substantial reason’. This can be a fair reason to dismiss an employee where something has happened to make their position untenable (as well as bringing the employer into disrepute).

Top tips for employers in dealing with workplace relationships

1. Consider implementing a fair and reasonable relationships at work policy, which includes a management right to ban any inappropriate behaviour during working hours and the right to move an employee to a different team or role if a conflict of interest arises.
2.  Where the relationship is between a more junior employee and a manager, ensure that the more junior employee is not treated less favourably because of the relationship in order to avoid any sexual harassment claims or allegations of discrimination on the grounds of age and/or sex, for example.
3.  Ensure your disciplinary policy includes lying and bringing the business into disrepute as potential gross misconduct/misconduct offences.
4.  Make sure if you are aware of an office relationship that you address any issues about distraction from performance or time-wasting if the situation is negatively affecting the rest of the team.
5.  Ensure there is no preferential treatment in how, for example, holiday requests are dealt with and how shift patterns are operated, if a manager is in a relationship with a more junior employee within his or her team.

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