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12 January 2024 / Mini Chandramouli
Issue: 8054 / Categories: Features
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Lessons in harassment from down under

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Curbing workplace sexual harassment: Mini Chandramouli compares approaches in the UK & Australia
  • A comparative exploration of the approach in Australia and the UK to proactively curbing workplace sexual harassment.
  • Australian legislation treats sexual harassment as a health and safety issue.
  • Explores whether the UK position goes far enough, how it might develop based on the changes in Australia and the insights we can gain from Australia.

The introduction of the proactive duty to prevent sexual harassment in the workplace marks a meaningful shift in employer responsibilities in the UK and is certainly a clear step in the right direction.

However, when you drill down and examine the details of the amendments that were made to the Bill that became the Worker Protection (Amendment of Equality Act 2010) Act 2023 last October and compare them with the sweeping changes to the equivalent legislation of our Australian counterparts, there appears to be significant room for the UK to grow.

Is a limited proactive duty with the threat of an uplift on compensation

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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