Employee dating laws

By Matthew SteinbergEmployment lawyer, author, and podcast host @ Again, there are no laws which prohibit employee dating per se.
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Given these competing concerns, how can you craft employment policies which protect both your employees and your business?

Laws About Relationships Between Employees & Supervisors - Woman

Again, there are no laws which prohibit employee dating per se. Of course, as with any personnel policy or practice, decisions around employee dating will be subject to general anti-discrimination scrutiny. This means employers can face discrimination liability if, for example, it is shown they permitted dating among employees who are under 40 but not among employees over 40, among straight employees but not gay employees and the like.

Beyond these risks, the primary concern around workplace dating is that, one day, a participant in the relationship scorned or otherwise later claims the relationship was in fact a form of sex harassment. Notably for purposes of employee dating, there has also been some litigation surrounding "sexual favoritism," or the theory that it is unlawful discrimination for an employee to show preferential treatment to that person's romantic partner at the expense of other employees not involved in the relationship although -- full disclaimer -- courts are not uniformly aligned on this issue, and employers in many instances may have sound legal and factual defenses.

No matter how you look at it, both legal and practical risks abound when someone has to supervise or even indirectly analyze or critique the work performance of their special someone. With this legal backdrop in mind, here are a few tips for crafting non-fraternization policies: All the risks associated with interoffice dating are exacerbated when there is an inherent power imbalance between a supervisor and that person's subordinate.

1. Do not allow managers to have romantic relationships with subordinate employees -- full stop.

However, if you find yourself in a situation in which you believe you have no choice operationally but to allow such a relationship, actively manage the risk. Do not bury your head in the sand and hope things work out. Make sure the manager has absolutely no input -- none whatsoever -- into the terms and conditions of their partner's employment.

Lastly, in this context, you should give strong thought to having both parties acknowledge, in writing, the voluntary and consensual nature of the relationship. Pre-emptive strike So should you tell your boss about a workplace relationship? She says you are unlikely to be disciplined if you are quiet about any affair. If your new lover is your line manager, is in charge of your appraisal, or is responsible for your pay or performance review, you should speak to your HR department or your manager pretty sharpish.

Some reshuffling of duties may be in order if you want to avoid friction and resentment among colleagues.

Laws About Relationships Between Employees & Supervisors

Wallace, who met her husband at work, says couples should protect themselves by dealing with each other on strictly professional terms. Don't talk about your job when you get home either, otherwise the office can become your life. Sarah Thomas not her real name a year-old NHS manager, has kept her relationship secret for almost a year.


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My partner is more senior but he's not my line manager, so I don't feel obliged to tell anybody," she says. But keeping an office affair quiet is hard work.

Can an Employer Prohibit Employees from Dating One Another?

Get a room Remember to keep your affair clean. Your colleagues don't want to catch you snogging in the lift or fumbling in the stairwell, especially if they've just had their lunch. Getting physical could also put you in breach of the implied term of "good faith" that says staff conduct should act in the best interests of the company, says Sally Laughton, employment solicitor at Andersons Solicitors in Nottingham.


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Holding hands or briefly kissing may be seen as inappropriate but won't justify dismissal, whereas more explicit behaviour might. If your employer overreacts to a relatively minor indiscretion you could file a claim for unfair dismissal.

Is It Okay To Date A Co-Worker?

Same-sex workplace relationships can be particularly problematic because they alert colleagues to your sexuality and expose you to banter or worse. Sexual orientation regulations, introduced in the Equality Act , make it illegal for employers and other groups to discriminate on the grounds of sexual orientation, so you have plenty of legal protection.

Sexual Harassment Guidelines

Speak to your manager if the jibes become too much or descend into abuse. Companies are legally liable for the behaviour of their staff and could face litigation if they don't take action. You can survive an office affair, but don't play fast and loose with either your colleagues or your partner because that could damage your reputation and make your working life embarrassingly awkward.