Before you consider creating your policy, it’s key you understand the legal landscape.
The Human Rights Act 1998 provides employees the right to privacy, which means employers must be cautious when managing relationships between colleagues. An outright ban on workplace relationships can be seen as infringing on an employee’s rights, so most employers prefer to develop policies that allow relationships while managing the associated risks.
Avoiding discrimination
HR must ensure that any actions taken (such as reassigning duties if a romantic relationship occurs) are done without discriminating based on sex, age, or sexual orientation. For example, moving one partner to a different department to avoid conflicts of interest should not be seen as disciplinary or unfair.
Data protection
When investigating workplace relationships, businesses need to ensure they are handling personal data responsibly. The General Data Protection Regulation (GDPR) mandates that any personal information gathered should be relevant and not excessive for the purpose at hand.
Contracts and workplace agreements
It’s important to review employment contracts to see whether there are clauses relating to workplace relationships, particularly in the case of senior-level employees. Senior managers involved in romantic relationships with a member of their team can create risks of bias, and contracts may include non-disclosure or conduct clauses to manage this.