Last week in this space, I dealt with the issue of sexual harassment within the employment arena. The spectre of unwelcome sexual attention, being foisted upon an employee by a fellow employee or employer, should be a prime concern of all employers.

Another issue for employers concerns welcomed sexual attention, or in-office romances. Statistics provided by www.galtglobalreview.com show that more than 60 percent of employees in Canada, and 40 percent of employees in the United States and the United Kingdom, have had workplace romances.

That is, perhaps, not surprising. Many married couples have met through their work and invariably through the same employer. That is inevitable given the frantic pace at which we work, and the number of jobs that employees need to make ends meet. No wonder we meet our romantic interest while at work.

But there are issues.

Let us assume that Bob and Jane are colleagues in the same company; Jane is Bob's supervisor; an office romance ensues. However much Bob and Jane keep their personal lives out of the office, the perception of other employees may be that favouritism is being shown to Bob. This in turn could prove a major disruption in the workplace and a distraction from the job in hand - the business of the employer.

This situation occurred in a high profile case in the United Kingdom. In that case, Bob was the chief executive and started seeing a junior employee who suddenly found herself promoted with such speed that senior members of staff felt that these promotions were unfair and a direct result of the relationship. The company suffered months of disruption to the ordinary work of the company, and was also exposed to much unwanted publicity in the popular media. Company shareholders were angry and wanted explanations.

Back to our example. The romance between Bob and Jane has come to an end. They have no love for each other and the atmosphere in the office is tense. Jane exerts her seniority over Bob in such a way that he finds it difficult to do his job. Worse, Bob claims that Jane's behaviour amounts to sexual harassment. Bob complains to the Human Rights Commission, claims constructive dismissal, complains to the Employment Inspector and contemplates Supreme Court proceedings.

What a mess - and it was avoidable. In the United States and increasingly in the United Kingdom, so-called "love contracts" are being introduced into the workplace. These contracts generally take the form of a specific provision of the employment contract or, more likely, a new provision in the employer's policies and procedures or handbook.

Such provisions may outlaw fraternisation in the workplace altogether or set out guidelines to be observed should a romance blossom between employees. The guidelines may include:

notification of any in office relationship;

the behaviour to be adopted by the employees;

the relocation of one or both of the employees within the company; and

?requiring a "code of conduct" from both of them as a term of their contract in the event of the relationship ending.

The employer's intention is to prevent:

any claim of sexual harassment (can the spurned lover turn tables and claim that the relationship was not consensual?);

any claim that the employer has failed to prevent the office becoming a hostile environment for other staff;

conflict of interest; and

any breach of confidence that might ensue.

Employees may object to signing any such "love contract", claiming an infringement of their constitutional right to free association. On the other hand, they may wish to be assured that their employer is doing all that it can to provide a safe working environment free from sexual harassment and favouritism.

The alternative is to do nothing - after all we are adults!

Attorney Kelvin Hastings-Smith is Manager of the Litigation Department at Appleby Spurling & Kempe. Copies of Mr. Hastings-Smith's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.