Reflections

In October 2024, a new legal duty came into effect requiring employers in Great Britain to take reasonable steps to prevent sexual harassment. This is a good time to reflect on the changes that have been made, their effectiveness and what still needs attention.

The legal duty is proactive. It requires employers to think ahead about where risks may arise and to take steps to prevent harm, rather than waiting until it happens. With  further changes next year when employers will need to take all reasonable steps and may become directly liable for third-party harassment, it is worth reviewing your approach now.

The prevalence of workplace sexual harassment has “never been much of a secret”. #MeToo drew renewed attention to the occurrence of sexual harassment in the workplace and mitigated some of the shame and stigma around sexual harassment. #MeToo, however, significantly failed to acknowledge the distinct and particular forms of sexual abuse that Black women faced in the workplace.

This article explores the manner in which Black women navigate experiences of sexual harassment in their workplace settings in England and Wales. It addresses the question: to what extent do Black women research participants’ perceptions of their intersectional identities influence their ability to name, blame and claim after they have been sexually harassed at work?

The Financial Conduct Authority has announced a substantial extension of its rules on non-financial misconduct, bringing more than 37,000 firms including asset managers, insurers, and hedge funds within scope from 1 September 2026. For the first time, organisations governed by the Senior Managers and Certification Regime will be required to report serious instances of bullying, harassment, racism, and related misconduct by senior staff.

This development is intended to address the problem of rolling bad apples, referring to those who avoid accountability by moving between firms without their past conduct being disclosed. As the FCA’s Sarah Pritchard has observed, a failure to challenge bullying or harassment raises serious questions about a firm’s culture and risk management.

The Employment Rights Bill will introduce a ban on the use of Non-Disclosure Agreements (NDAs) that prevent individuals from speaking out about harassment and abuse in the workplace. If passed, this legislation will mark a significant shift in how organisations are expected to respond to such cases.

Changes due to be introduced as the bill returns to the House of Lords next week will effectively ban the use of NDAs in cases where they have been used to prevent employees from speaking out after experiencing workplace harassment or discrimination, including sexual harassment. These provisions will also ensure that witnesses are able to speak openly and support those affected without fear of legal repercussions. These changes signal a move away from practices that have too often compelled individuals to remain silent about the harm they have experienced.

WhatsApp is used for team communication and after-hours messaging especially in hybrid working environments. Unlike informal face-to-face conversations, these messages create a digital record that can be disclosed in legal proceedings. Increasingly, such records are being cited in employment tribunals, particularly in claims involving harassment, discrimination, or unfair dismissal…