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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll