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Under British (specifically English) employment law, would an employer be legally allowed to fire an employee who had been having an affair with the employer's girlfriend, or would the employee be entitled to sue for unfair dismissal?

PhillS
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DrMcCleod
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    that seems like a Q for https://law.stackexchange.com/ – aaaaa says reinstate Monica Sep 19 '21 at 15:59
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    related: https://workplace.stackexchange.com/questions/7617/how-should-i-deal-with-an-employee-who-has-slept-with-my-wife though the employee may not be fired for that action if they work directly with the boyfriend, this question will give an idea of what to expect going forward – Kate Gregory Sep 19 '21 at 16:38
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    @KateGregory - Oh sure, their life will be a misery until the boss finds a reason to can them. – Richard Sep 20 '21 at 13:30
  • @Richard If he can can them and they do not end up playing Cancan with him (see responses to the related question). – Captain Emacs Sep 20 '21 at 14:06

1 Answers1

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In brief, no. Article 8 of the Human Rights Act (1998) enshrines your right to a private life, and this includes having consensual sexual relationships with people you've met at work, up to and including the boss' wife (top tip, don't do this).

Everyone has the right to respect for his private and family life, his home and his correspondence.

If you're fired, you'd have a strong case for unfair dismissal on these grounds, subject to your having more than two years of service with the company.

Note that the usual provisos on being able to fire someone for "not being able to get along with another staff member" wouldn't apply in this case. The underlying cause is still their private and family life, hence the Human Rights Act would supersede that reason, in precisely the same way that you can't fire someone because they've changed their religious beliefs since you hired them.

Richard
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