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Olivia Broderick
Executive PA @ stopsexualmisconduct.co.uk | Stop Sexual Misconduct
In the workplace, employers have a duty of care or responsibility to look after the wellbeing of their employees. Under the new Worker Protection (Amendment of Equality Act 2010) 2023 Act and the Equality Act 2010, employers are liable for acts of sexual harassment by one employee towards another unless they have taken reasonable steps to prevent it.
Should I whistle blow about sexual harassment?
Should an employer not take the issue of sexual harassment within their workplace seriously following their own grievance procedures then you could blow the whistle, after all these laws are there to protect people who are put in harm’s way.
Nonetheless whistleblowing requires there to be a public interest requirement. The public interest requirement was introduced in 2013 to prevent people using whistleblowing law to enforce their own contracts of employment.
This means that the concerns do not just impact you. If you are the only person who is being sexually harassed, then you should assert your own rights through employment and equality law in a grievance process.
You may wish to consider whistleblowing as an option if:
·?????? you reasonably believe that you are not the only person impacted by or at risk of the harassment;
·?????? there are a number of other people who have also been sexually harassed;
·?????? you are not directly impacted by the sexual harassment but you are a witness to it, or
·?????? there is a culture or environment where sexual harassment occurs and is permitted in the workplace. This suggests that there could be a wider public interest issue, which may be missed in a grievance process.
Should I report sexual harassment to a regulator?
There may be some circumstances where you can raise your concerns with the relevant regulator. Concerns about the failure of businesses to tackle complaints of sexual harassment can be indicative of wider organisational and cultural issues and may be of interest to a regulator.
If you are considering approaching a regulator with your concerns about sexual harassment, you should seek further legal advice to discuss the best approach and whether you are likely to be protected under the Public Interest Disclosure Act 1998 (the law that protects whistle-blowers).
Signed an NDA?
The use of non-disclosure agreements or confidentiality clauses (sometimes called “gagging clauses”) are commonly used to stop information from being disclosed. Often, they can service a useful and legitimate role in employment contracts and settlement agreements to protect sensitive information. However, there is increasing evidence that these gagging clauses are being used unethically by some employers to intimidate whistle-blowers, silence victims of harassment and discrimination, and conceal wrongdoing in the workplace. It is common knowledge that they are often used in sexual harassment cases.
However, there are limitations to what can legally be ‘gagged’ by NDAs, which workers are often unaware of. The current law on whistleblowing states that no agreement can prevent a worker from whistleblowing, or ‘’making a protected disclosure’’ (s43J Public Interest Disclosure Act, PIDA, 1998).
If you have signed an NDA or a confidentiality clause but you still want to raise concerns about sexual harassment, you should contact a qualified employment lawyer first to discuss your options.
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As the UK’s only dedicated company dealing solely with this misunderstood and highly emotional subject, we offer certified awareness training and a policy writing service, however that’s only if you wish to comply with the new Worker Protection (Amendment of Equality Act 2010) 2023 Act ( https://www.legislation.gov.uk/ukpga/2023/51/enacted ).
You may wish to contact us, or you may wish to continue by not abiding by the law.
Olivia
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information www.stopsexualmisconduct.co.uk ? 2024.
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