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Lessons in harassment from down under

12 January 2024 / Mini Chandramouli
Issue: 8054 / Categories: Features
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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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The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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