Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Legal Q&AHR practiceRelationships at work

Legal dilemma: Relationships at work

by Jacqui parker 26 Nov 2008
by Jacqui parker 26 Nov 2008

I am the HR manager of a medium sized retailer. Two members of staff have just announced that they have got engaged which is the first I have heard about the relationship. I am concerned about how this may influence their work as they work closely together. I’m also concerned about how their colleagues may feel about it. I’m considering asking one of them to move to a different department. What options do I have? And what if they object?


The Sex Discrimination Act states that you will discriminate against a married person or a civil partner if you treat them less favourably than you would if they were single. Therefore, if for example the act of moving one of the employees to a different department might be considered to be a demotion, then this could be considered to be an act of sex discrimination and they may be able to make a claim to an employment tribunal.


Discrimination against married persons or civil partners may be indirect as well as direct. The same action of asking someone to move or moving someone may, therefore, give rise to more than one variety of unlawful discrimination and expose you to multiple claims.


Because these two employees do not appear to be married yet, you may be able to argue that they cannot be protected by the legislation until they marry however, it would still be advisable to exercise caution.


Case law in the past has suggested that when employers have operated a policy of restricting married couples working together this was an unlawful act of sex discrimination. Therefore, even if you were able to move the employees apart before they get married, if, after they are married, they object to the move they may be able to successfully argue that keeping them apart was an act of discrimination.


It may be worthwhile reviewing their contracts of employment. If either or both of them have a mobility clause in their contract you may be able to ask them to move under this clause. However, if you do take this option you must make sure that you stay within the parameters of the contract. If you do not comply with the terms of the contract the employees could make a claim for breach of contract.


If you do decide to take further action and any employee makes an objection at any stage, ensure that you follow a full grievance procedure.


Jacqui Parker, partner and Emma Dickinson, trainee solicitor at Simpson Millar

Avatar
Jacqui parker

previous post
Legal Q&A: Extreme political beliefs
next post
Case of the week: Pragmatic approach to grievance complaints

You may also like

Hot summers, hot desks – employment law advice...

12 Aug 2022

Frasers Group scraps Friday working from home policy

15 Jul 2022

Netherlands on track to approve working from home...

7 Jul 2022

Employment law changes for 2022 and beyond: update...

1 Jul 2022

Four-day week: what are the legal considerations for...

28 Jun 2022

Sickness absence rate in 2021 was highest in...

8 Jun 2022

Right-to-work: first digital identity check providers revealed

6 Jun 2022

Bank holidays: six things employers need to know

5 Jun 2022

Does a four day week work? Charlotte Lockhart...

1 Jun 2022

Hybrid working will ‘never be perfect’, finds report

31 May 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+