In the first of a series of posts, Nick Hine, partner at law firm Thomas Eggar, responds to your employment law questions:
“I’ve started a relationship with a co-worker in another department, even though the company handbook has a rule against this. Although we are careful not to behave unprofessionally or inappropriately, inevitably, word of our relationship has reached the ears of our respective line managers. Where do we stand legally?”
– name witheld
Relationship issues amongst workers arises relatively frequently. Probably because people spend so much time together that relationships do flow from the working environment.
Companies often put “love clauses” in their contractual documentation to deal with this scenario. The real concern in this situation is the risk of disclosure of confidential information between those having the relationship or a conflict of interest, which could have an effect on the business internally.
For example if a Director has a relationship with a PA he could reveal confidential information about others in the business or about a proposed restructuring which could result in redundancies or about plans to acquire another business. If the PA reveals this type of information to others problems are likely to arise.
Legally, the Company Handbook may give the employer an argument to dismiss or to perhaps change roles due to the relationship if they can justify this action on business grounds and the contractual documentation had warned employees that this may result.
However, again the employer would have to demonstrate this was absolutely necessary in the circumstances and that there was a real risk to the business – because if they could not demonstrate this then a dismissal or discipline action could result in an unfair dismissal or constructive dismissal claim.
Again the employer would have to justify the reasons for their action and that it was fair in the circumstances.
If the relationship was between those of the same sex or if say the women in a heterosexual relationship was required to leave then this could also result in discrimination claims.
If you have any questions for Nick Hine, post a comment below, or email editorial@bnet.co.uk
