The key to all employment law is dialogue and it should be possible – in most cases – to avoid such issues by discussing the problems and possible solutions with both employees concerned.
In reality, it is after a relationship has broken down that most problems arise, with the disappointed party being accused, or accusing the other, of stalking or sexual harassment.
Often this is genuinely taking place but sometimes the complainant has simply become over-sensitive to any contact from the other and is reading too much into day-to-day emails and comments.
In such situations, it is important to be sympathetic to the complainant and, so far as possible, treat the matter as you would have done had the two employees not had an affair. Sexual banter in a relationship is not consent to sexual banter for ever more!
Daniel Isaac, is a principal in the employment team at City law firm Withers LLP.
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