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18 April 2025
Issue: 8113 / Categories: Legal News , Regulatory , Commercial , Employment , Fraud , Governance , Harassment
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NLJ this week: Practical steps for employers on ‘failure to prevent…’

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The dizzying array of regulatory requirements facing UK businesses is about to increase, with new ‘failure to prevent fraud’ duties in force in September and the proposed duty to prevent sexual harassment. In this week’s NLJ, Kerry Garcia, partner and head of employment, immigration & pensions, and James Evison, partner, at Stevens & Bolton, offer some practical steps for employers.

Garcia and Evison note that the incoming duties (bearing in mind the duty to prevent sexual harassment is currently a provision in the Employment Rights Bill) ‘signify a major shift in corporate governance’. They build on existing duties to prevent bribery, tax evasion and illegal working, and come amid increasing willingness on the part of the government to crack down on non-compliance.

The authors write: ‘Achieving these laudable aims through new regulatory measures and increased compliance action will place additional burdens on business—even those with a good track record on these issues. There is a clear tension between the government’s aim of driving behavioural change for businesses and, at the same time, its hope that those businesses will generate UK economic growth.’

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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