Personal Workplace Relationships and the Changing Landscape of Employment Law
Consensual workplace relationships are nothing new, whether a new relationship formed in the workplace or a pre-existing relationship. For HR, the key question is not whether workplace relationships should exist, but how they are managed.
With Valentine’s Day approaching, we take this opportunity to reflect on romantic relationships in the workplace, namely the legal risks that UK employers need to be aware of which can arise when professional and personal boundaries overlap.
The Risks of Workplace Relationships
Romantic relationships at work are common, and whilst they may often be unproblematic, can give rise to the following challenges:
- Perceptions of bias or favouritism, particularly if one partner manages the other.
- Gossip arising in the workplace.
- Reduction in productivity where working closely, or in the same team.
- Team disruption if the relationship ends, particularly if this is turbulent.
- Potential breach of confidentiality, due to the increased likelihood of information being shared.
- Allegations of sexual harassment, if boundaries are misjudged or consent becomes unclear.
- Reputational damage, if issues escalate or become public.
This being said, employers should not attempt to ban workplace relationships, and seeking to do so is likely to be disproportionate in most circumstances, as all individuals have the right to a private life. However, there are proactive steps which employers can take to minimise risks, and a ‘Relationships at Work’ policy can be a highly effective tool in ensuring transparency and fairness.
What would a relationship at work policy look like?
The purpose of the policy is not to police employees, but to ensure that relationships do not compromise fairness. A well drafted policy would typically address the following:
- Disclosure requirements
When employees should disclose a workplace relationship, how they should disclose this, and the necessity to declare any specific conflict, for example where one partner is the other’s direct report.
- Consequences of non-disclosure
The repercussions of failing to disclose a relationship in accordance with the policy, including potential disciplinary action.
- Risk-mitigation steps
Steps which the company may take to reduce the risk of any conflict.
- Confidentiality obligations
The requirement to maintain confidentiality.
- Professional conduct expectations
Expectations for professional behaviour at work.
The policy should reinforce the company’s stance on both sexual harassment, and anti-harassment and bullying, directing employees to the relevant policies. Whilst this article focuses on romantic relationships, a relationship at work policy would typically cover other relationships that may give rise to conflict, such as family relationships.
Sexual Harassment Law and Workplace Relationships
Workplace relationships can become a legal risk, for example if one party to the relationship misjudges boundaries, if unwanted advances are made in pursuit of a relationship, or if a relationship breaks down and one party is reluctant to let this go. As such, this could give rise to complaints of sexual harassment.
Employers should by now be familiar with legislation around sexual harassment, which came into force in October 2024. This placed a proactive preventative duty on employers to take reasonable steps to prevent sexual harassment of their employees. It is vital that all employees, including management, have received training on sexual harassment and understand the role they play in preventing this.
By having a robust sexual harassment policy which sets out the proactive measures the company intends to take to mitigate the risk of sexual harassment, accompanied by a policy governing relationships at work (which as above, can be a risk in itself), this places an employer in good stead in terms of the duty to prevent.
2026 Law Changes to Sexual Harassment
It is worth noting that the landscape is shifting further, with new provisions relating to sexual harassment coming into force as early as April 2026.
- As of April 2026
A complaint of sexual harassment will be considered a qualifying disclosure under whistleblowing legislation. As such, employees have the right not to be dismissed, or subjected to a detriment, on the basis that they have made a protected disclosure.
- As of October 2026
The requirement to take ‘reasonable steps’ to prevent sexual harassment of employees will widen, and employers will be required to take ‘all reasonable steps’ to prevent sexual harassment in the workplace, shifting the law to a complete proactive model.
Therefore, it is more important now than ever that employers have implemented proactive measures to prevent sexual harassment, and have undertaken risk assessments to identify and address risks appropriately, including those which may arise from relationships at work.
For more information about this article or any other aspect of people services reimagined, download our App for Apple or Android, and contact your integrated HR, employment law and health & safety team at AfterAthena today.
FAQs
There is no legal requirement to have a workplace relationship policy, but it is strongly recommended. A clear policy helps manage conflicts of interest, reduces harassment risk, and supports compliance with sexual harassment legislation.
Yes. Couples can work together legally in the UK, including married couples and partners. However, employers may need to manage reporting lines, conflicts of interest or safeguarding concerns where appropriate.
There is no law prohibiting married couples from working together. Employers can, however, impose reasonable workplace rules to protect fairness, confidentiality and professional standards.
There is no law that automatically prohibits a manager from dating a direct report in the UK. However, such relationships carry heightened legal and reputational risk due to power imbalance. Employers should manage these situations carefully, often by requiring disclosure and adjusting reporting lines to avoid conflicts of interest.
Employees are not legally required to disclose a workplace relationship unless a company policy requires them to do so. Where a workplace relationship policy is in place, failure to disclose a relationship that may give rise to an actual or potential conflict of interest, trust, or breach of confidentiality may lead to disciplinary action.
Not simply because a relationship exists. However, disciplinary action may be appropriate where a workplace affair breaches company policies, involves dishonesty, creates conflicts of interest, or leads to inappropriate behaviour.
Yes. A relationship that begins consensually can still lead to a sexual harassment claim if consent is withdrawn, boundaries are crossed, or conduct becomes unwanted. Employers must take complaints seriously regardless of past relationships.
Yes. Employers have a proactive duty to take reasonable steps (and from October 2026, all reasonable steps) to prevent sexual harassment, including risks arising from workplace relationships.
Yes. Workplace relationship policies should apply regardless of location. Remote or hybrid working does not remove risks around harassment, conflicts of interest or professional boundaries.
Yes, where appropriate. Employers should consider extending expectations around conduct and disclosure to contractors, agency staff and secondees, particularly where they work closely with employees.
Yes. Expectations around professional behaviour apply during work-related events, including social functions, conferences and off-site activities.
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