Workplace Relationships & The Law
It’s Valentine’s Day and love is in the air! We thought it might be useful to reflect on what the law says about relationships at work. Whilst there is no law prohibiting workplace relationships, there are some important legal principles and policies to ensure a fair and respectful workplace:
Article 8 of the Human Rights Act 1998 entitles everyone to a private life, so, whilst employers must consider their legitimate business interests, they mustn’t overstep your rights.
The Labour Relations Agency and the Irish Congress of Trade Unions have published guidance on eliminating sexual harassment from the workplace, containing detailed recommendations on steps employers should consider taking to prevent and deal with such behaviour. While the guidance is not legally binding, it can be considered by Industrial and Fair Employment Tribunals and used by Claimants in evidence.
Northern Ireland has nine different pieces of anti-discrimination legislation, including the Equal Pay Act (NI) 1970, Sex Discrimination (NI) Order 1976, Fair Employment and Treatment (NI) Order 1998, Section 75 Northern Ireland Act 1998, and Employment Equality (Sexual Orientation) Regulations (NI) 2003. These employment laws prohibit discrimination based on certain protected characteristics like gender, sexual orientation, and more. While personal relationships themselves aren't illegal, if a relationship leads to discrimination (for example, unequal treatment of female or male colleagues), it could be breaking the law.
The law prohibits harassment and bullying in the workplace. This includes inappropriate behaviour based on someone's relationship status, gender, or other protected characteristics. If a personal relationship leads to workplace harassment, the employer is legally obliged to take action to address it.
Employers should consider having their own workplace relationship policies to address potential issues arising from personal relationships. These policies often require disclosure of relationships between employees to avoid any situation where the relationship could impact work dynamics, or cause conflicts of interest. In addition, employers have a responsibility to provide a safe and supportive workplace, and in some rare cases, personal relationships at work could raise health and safety concerns, especially if they lead to emotional stress or create a disruptive environment.
If you're unsure about your rights or responsibilities in these circumstances, then contact Marie-Claire Logue in our Employment team.