header-logo header-logo

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

Tackling sexual harassment in the workplace

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 report
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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll