
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
Large US companies such as McDonald’s and Intel have strict "no relationship" clauses, and clearly no one is exempt. These clauses are not so common in the UK, but the issue still remains and is something that needs to be addressed in most workplaces.
Legal perspective
Article 8 of the Human Rights Act 1998, protects the right of an individual to a private life which includes romantic relationships. A draconian workplace "no relationship" clause could fall foul of this right, and so a dismissal for engaging in a consensual romantic relationship would most likely be unfair other than in narrow circumstances. However, employers have the right to outline to employees the kind of behaviour that is expected of them in the workplace. A Code of Conduct and a Bullying and Harassment Policy are examples of this. An employer also has a duty to ensure that an employee can work in a non-threatening environment, free from intimidation and harassment. The law, therefore, offers no clear, practical solution but just two boundaries for an employer to work within. There are essentially two choices; to stay silent on the issue of romantic relationships at work or to draft a policy.
Practical Solutions
Staying silent on this issue avoids any infringement of the right to privacy, and it could be argued, be more realistic. Are employees going to disclose information about their romantic relationships with their line manager or HR team and does that include "entanglements" at Christmas parties as well? Conversely, it means the employer is ignorant of any non-work relationships that are going on and so unaware of any tensions they may be causing in the workplace to colleagues; and underlying problems when the relationship breaks down, especially if the relationship cuts across the management structure.
We would advise taking the following steps;
For further advice on any of the issues covered in this e-briefing, please contact Libby Hubbard.
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
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