Love Contracts: What Are the Issues for Managers?

It has long been a question that employers face - what happens if our staff enter into relationships with each other and it ends unhappily?

A variety of problems can surround this issue. For example, one employee becoming another's favourite or one employee abusing their position of power or authority in the workplace. This may lead to employees outside the relationship perceiving some unfairness in the workplace due to the relationship.

In an effort to discourage work relationships some employers are now introducing a love contract. These are clauses in employers' employment contracts or staff handbooks that either deter workplace relationships or attempt to ban them completely.

Although common practice in the USA, love contracts do not seem to be as popular with UK employers. Employers who wish to implement such policies are certainly advised to consult a solicitor on the drafting of issues that they will no doubt face in introducing such clauses. There are a raft of considerations that need to be looked at before implementing such a clause, one in particular being the Human Rights Act 1998. Employees should also consider whether the policy in practice could lead to possible forms of discrimination.

From a practical perspective when introducing love contracts, employers need to place emphasis on the effect of the relationship in the workplace and not the specifics of what can and cannot be done. In addition, like any workplace policy, the clause needs to imply that there is scope for workable solutions. Furthermore, employers need to be careful that an environment of secrecy and whistleblowing is not created. Employers should seriously consider the love contract's interaction with sexual harassment, whistleblowing and data protection clauses.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.