Conflict with your employees, directors or workers can arise for any number of reasons. It can affect your relationship with that individual and the wider workforce, and have an impact on business performance.
That’s where our expertise and experience can really make a difference. We can help you identify the best approaches to resolving workplace disputes as early on as possible, and ensure minimal disruption. We’ll work with you to achieve the best outcome in line with your business objectives.
We can also provide hands-on support for you and your management. Workplace disputes can be time consuming and emotive, so experienced, practical support from our specialist team can ease the distraction from normal day-to-day operations.
A problem shared is a problem solved more easily
We understand that, while it’s best to seek advice as soon as you become aware of an issue, it’s not always possible, for practical, commercial or political reasons. So whenever you get in touch for expert help, we’ll get up to speed with the issue quickly, and be fully prepared if and when things escalate to the point of litigation.
If in doubt, get in touch.
We’ve helped a wide range of businesses deal effectively and efficiently with workplace disputes. Examples of recent work include:
supporting an IT business manage the significant under-performance of a senior employee, ensuring discussions with the employee were handled fairly and reasonably – but also swiftly to avoid further negative impact on the business
advising a multi-academy trust on a potential dispute arising from conflicts between employer and employees’ values and behaviour
resolving a complex director and shareholder dispute to enable all parties to move forward in a positive manner
representing a football club in relation to the dismissal of a senior employee who had threatened claims of whistleblowing, breach of contract and unfair dismissal
supporting a business in managing complaints raised by employees in relation to the installation of CCTV
dealing with complex bullying and sex discrimination claims made by an employee against a family-run business.
Employer support: preventing sexual harassment at work
Sex discrimination and sexual harassment issues and claims have a very adverse impact on employees and workplaces. Prevention is always better than cure: for your people and your culture. There is also now an increased legal obligation to take steps to prevent sexual harassment.
From 26 October 2024, new employer duties require all employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment. This includes protection against sexual harassment by third parties – namely persons who are not your employees, like your customers and suppliers. This follows the #MeToo movement and an ongoing recognition of this as a significant issue: in 2021, the Fawcett Society reported that 40% of women experience sexual harassment in their working lives.
The Worker Protection (Amendment of Equality Act) Act coming into force in October 2024 places a proactive obligation on employers to protect its employees against sexual harassment.
The Act itself doesn’t spell out what ‘reasonable steps’ are. The Equality and Human Rights Commission (EHRC) has recently updated its technical guidance on sexual harassment and harassment at work, which suggests some of the following actions:
Carrying out a sexual harassment risk assessment;
Producing an action plan setting out what preventative steps will be taken in response to the risk assessment;
Appointing a designated lead to take responsibility for the action plan and compliance with the duty;
Ensure there are effective and well-communicated policies and procedures in place that deal with sexual harassment;
Nurturing a speak-up culture;
Providing effective training and refreshing this regularly;
Responding effectively to instances of sexual harassment.
Failing to do so risks a claim being brought in the Employment Tribunal by an affected employee. If the Tribunal found that an employer failed to take reasonable steps to prevent sexual harassment, they could be subject to enforcement action by the Equality and Human Rights Commission and/or any compensation awarded to the employee could be uplifted by 25%.
The draft Employment Rights Bill, which may become law in 2026, is also proposing to take these obligations further by requiring employers to take ‘allreasonable steps’ to prevent sexual harassment of employees in the course of their employment; and creating standalone claims that can be brought by employees who have been subjected to third party harassment. For further details on sexual harassment changes, please see our article on how employers should prepare for the new statutory duty to protect employees from sexual harassment.
It is crucial that all employers take prompt steps now to address the risks of sexual harassment in your workplace. Our Employment team are very experienced in dealing with these issues and can help you drive culture change on this subject, starting with policy work and delivering training as core actions.
Bespoke training sessions can be provided for your management team or staff groups either face-to-face or online, tailored to your sector and the concerns identified. Focus points include:
A clear explanation of sexual harassment and sex discrimination laws
examples of what sexual harassment is in the workplace
explaining everyone’s roles and responsibilities in this regard
being clear what is required under your policies and giving tips on what to do if issues arise
detailing what proactive steps managers and leaders should ensure they are taking
We also help employers ensure that their policies and procedures are up to date so that if ever a sexual harassment or sex discrimination issue arose, there is a clear understanding of the next steps. The long-term benefit of understanding what to do means that issues can be addressed in a timely, fair and reasonable manner and reduces the risk of claims arising from employees.
