Insights & News

Toxic workplaces hit the headlines: a warning to employers to take steps to prevent and tackle workplace misconduct

27 April 2023

Organisational culture continues to experience considerable scrutiny following the findings of bullying by Dominic Raab and the recent allegations of misconduct and sexual harassment at the CBI. Although Raab was critical of where the Tolley Report set the bar in making these adverse findings, his response is at odds with evolving standards of workplace behaviour. What are these standards, and what can employers do to avoid a toxic culture?

Sports Q&A: Conducting misconduct investigations

12 April 2022

In an increasingly complex legal and regulatory landscape, dealing with the intricacies of investigations can be fraught with difficulties, especially in a sports context. Often conducted under intense scrutiny, from the media and stakeholders, allegations need to be carefully and appropriately investigated to maintain your reputation and mitigate legal risk. In this Q&A we consider some of the key questions when conducting a investigation into your staff, coaches, officials or members.

A very costly “Boys Night Out”- Atrium fined over £1 million due to non-financial misconduct

30 March 2022

The insurance market, Lloyd's of London has issued its largest ever fine - and its first ever for non-financial misconduct – against a firm that was found to have tolerated bullying and sexist behaviour on an annual "Boys Night Out".

New duties to prevent sexual harassment – but not yet

29 July 2021

The government has committed to introducing a new proactive duty on employers to prevent sexual harassment, alongside considering new laws which would make employers liable if third parties harass their employees and possibly extending the time limit in which to bring discrimination claims. It is likely to be some time, however, before any changes are put into effect.

『個別に調査を行うつもりです。』との王室の声明

23 March 2021

サセックス公爵夫人に対するいじめの申し立てのタイミングについて、どのように考えても、「調査を行います。」というバッキンガム宮殿の反応は、ここ数か月および数年に渡る他の多くの著名企業や機関の反応と似ている。この記事では、職場での申し立てに対する調査を行う際に組織がナビゲートする必要のある多くの重要で複雑な問題（懲戒および不平の問題を含む）について検討する。Whatever you might think about the timing of bullying allegations against the Duchess of Sussex, the response of Buckingham Palace is similar to that of many other high-profile companies and institutions over recent months and years: “an investigation will take place”. In this article, we consider the many important and complex issues organisations need to navigate when conducting investigations into allegations in the workplace (including disciplinary and grievance matters).

Sports Q&A - How are sports organisations dealing with athletes who breach Covid rules?

06 March 2021

“One shall be conducting an independent investigation”

05 March 2021

Whatever you might have to say about the timing of fresh bullying allegations being made against the Duchess of Sussex, the response of Buckingham Palace echoes that of many other high-profile companies and institutions over recent months and years: an investigation will take place. In this article, we consider the many important and complex issues organisations need to navigate when conducting investigations into allegations in the workplace.

Greg Clarke’s outdated comments contrast with positive steps in FA’s New Diversity Code

17 November 2020

You won’t have missed the news last week that Greg Clarke has resigned from his dual-roles as FA Chairman and FIFA Vice-President, following his use of “unacceptable language” when speaking in front of Parliament.

Handling allegations of criminal conduct: what should an employer do?

11 August 2020

Recent events in the Conservative party have focussed attention on the question of what an employer (or indeed a political party) should do if one of its people is accused of committing a crime. A Tory MP has been accused of rape, but at the time of writing has not been charged. It transpires that the Chief Whip had been aware for some weeks of allegations of ‘abusive behaviour and threats’ made against the anonymous MP by a parliamentary aide. Despite this, no investigation took place.

Race discrimination complaints in the workplace and how to address them

11 June 2020

With Black Lives Matter protests taking place across the UK and around the world, many businesses have been publicly stating their commitment to equality and the BLM movement. But what happens when the experience of current or former BAME (black, Asian and minority ethnic) employees is alleged not to live up to that standard?

Conducting workplace investigations remotely

01 May 2020

As we are all in midst of this Covid-19 world, we are clearly some way away from ‘business as usual’. The vast majority of employers are grappling with new ways of working, with many of their employees working from home or in other unusual ways. But it is clear that ‘business as usual’ issues can and do still arise. So, what should an employer do if it becomes aware of an allegation of misconduct or wrongdoing? In this article, we look at whether a remote investigation is the right step to take, and what to bear in mind if you conclude it is.