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Q: What clause can we use to discourage personal relationships within the company? Can we use the term 'conflict of interest'?

Aug 24 2006

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Some 40% of permanent couples meet at work or through work related functions. Attempting to prevent such relationships might therefore be more trouble than its worth.

The Sex Discrimination Act 1975 stopped the practice of employers insisting that if two employees married, the wife would have to leave because that was obviously direct sex discrimination against women. Employers who were determined to maintain their policy changed tack by insisting that if two employees married “one of the couple – decided between them” had to leave. That still carried with it a risk of indirect discrimination. You would need to re-visit your equal opportunities policy to ensure firstly that it does not directly or indirectly discriminate – alter it if it does.

The term 'conflict of interest' would not be relevant in such circumstances. However, you could include in your handbook that personal relationships are not encouraged. You should point out that if such a relationship leads to deterioration or upset in work performance of themselves or others, the appropriate disciplinary action will be taken.

 
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