header-logo header-logo

Tackling sexual harassment in the workplace

21 February 2019 / Juliet Carp
Issue: 7829 / Categories: Opinion , Employment
printer mail-detail

It’s time for lawyers to contribute to the debate on confidentiality agreements, says Juliet Carp

The Employment Lawyers Association (ELA) works hard to share the practical and legal experience of its 6,000 employment lawyer members with those looking to develop good workplace laws—but lawyers from all specialisms could help inform current debate on laws related to sexual harassment. We should start with the cry for a ‘ban’ on ‘gagging orders’ and non-disclosure agreements (NDAs). At root there is a real —and serious—concern that confidentiality terms in agreements used to settle employment disputes are allowing serial workplace harassers to ‘bury their crimes’ and ‘get away with it’. Some myth-busting would help so that we can focus properly on options for change:

  • Criminal sexual assault and criminal harassment are just that, crimes. Any employee may report a crime, or suspicion of a crime, to the police. Those reporting do not need to be victims. Employees should not be discouraged from reporting a crime—and regardless of what they sign, they may still
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll