The changing sexual harassment landscape - Hina comments on the recent Swiss Re case in Personnel Today

Hina has been published in Personnel Today discussing a recent award of £1.3m in a discrimination and harassment case in the Employment Tribunal. In awarding this sum, the ET have chosen to recognise the potentially far-reaching effects that discrimination and harassment can have. What does this case say about the changing landscape of acceptable workplace conduct, especially in the financial services industry?   Hina notes that the Swiss Re case is unusual, partly because the public and drawn-out nature of court proceedings is a natural deterrent for claimants considering going to court, but also because it is common for victims…

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Contractual consideration for new restrictions in settlement agreements: a difficult area?

Settlement agreements are highly complex documents but are essentially entered into by employer-employee parties to ensure a clean end to the employment relationship and to limit the claims the employee can bring. In almost all cases there is a financial incentive for the employee entering into such an agreement. This ex-gratia element has been given a special concession by HMRC to be tax free up to £30,000. A secondary aim of settlement agreements is to allow the employer to contractually protect valuable information and other assets. This means there will likely be confidentiality restrictions as well as post-termination restrictive covenants…

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Settlement Agreements – a lesson in the art of the compromise and the importance of pragmatism

I would say I advise over 200 individuals a year on the contents and effects of settlement agreements they have received from their employer. The situations in which these individuals find themselves are varied and extensive; some (more senior) employees have seen these documents before and have likely done a considerable amount of negotiation with internal players themselves prior to seeking my services. They are effectively looking for me to ‘rubber stamp’ their agreement and to move on. Others may have never seen such an agreement before but understand the essence of the document as a compensatory (non-punitive) instrument which…

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What happens when an employee’s potential misconduct is linked to their neurodivergence?

An autistic employee who was fired for sexual harassment after leaning against a female colleague and calling her ‘pretty’ and ‘priceless’ has succeeded in claims for indirect discrimination, failure to make reasonable adjustments, disability discrimination and unfair dismissal under the Equality Act 2010. This case illustrates the need to be sensitive to the nature of neurodiversity and the needs of neurodiverse employees, especially where their condition may impact their understanding of appropriate behaviour in the workplace. The tribunal in J Clarke v Marks and Spencer plc confirmed the importance of making reasonable adjustments and the potential this has to prevent…

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What does the new Flexible Working Bill really mean for employees?

Our Partner Hina Belitz has recently been published in the Solicitor's Journal discussing one of the Government's proudest achievements regarding employee support this year; the Flexible Working Bill. This Bill, which makes it slightly easier for employees to request working pattern adjustments and similar, is being hailed as a shining light of employee support. But is it? Hina's article, which you can find here and of which the text is reproduced below, considers whether this bil is quite all it is lauded as: Flexible Working Bill unlikely to bring end to discrimination claims While the government’s new Flexible Working Bill…

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