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17 January 2025
Issue: 8100 / Categories: Legal News , Employment , Harassment
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NLJ this week: The proactive duty to protect employees from sexual harassment

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What extra steps should employers take when employees deal with third parties? In this week’s NLJ, Vanessa Kelly, principal associate at Eversheds Sutherland, dissects the new legal duty on employers to proactively protect employees from sexual harassment, including from third parties, which took effect in October 2024.

Her article covers how the new duty applies to third parties and how third-party commercial terms can be updated. She provides a useful case study to illustrate the new duty in practice.

Kelly writes that the new duty does ‘not create a standalone claim that employees can bring. Instead, claims for breach of the duty can only be considered by a tribunal where it has upheld an employee’s claim of sexual harassment. Where an employer is found to have breached the preventative duty in such circumstances, the tribunal can increase any compensation award by up to 25%’. 

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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