Skip to main content

Category Archives: Insight Article

A wake-up call for small companies on the bribery process

Posted on by

Executives from the company were also filmed by an undercover journalist apparently suggesting that honey traps and bribery might be used to discredit politicians.

The company denies the allegations, saying that the Channel 4 news story was edited to misrepresent the conversations and explaining that its staff will actively try to tease out any unethical or illegal intentions from prospective clients because legality and reputational risks are critical in assessing new projects. In the statement, the company highlights how it uses such meetings to make an informed decision about who to engage with, in line with the guidance of the UK’s Bribery (the Act).

The Act came into force in 2011, with the aim of simplifying and consolidating existing laws on corruption and creating a new crime of failing to prevent bribery. In simple terms, bribery is defined as giving or offering a person a financial or other advantage with the intention of inducing them to act improperly. It is also a crime to ask for or to receive an inducement in return for acting improperly.

“Having the right processes in place to comply with the tough standards introduced by the Act is not just the concern of big business.”

In R v Skansen Interiors Limited, a contracting company employing 30 people was charged with failing to prevent bribery under Section 7 of the Act, resulting in the first contested trial of this offence since the Act came into force in the summer of 2011. The action was taken despite the company self-reporting the illegal conduct of its former managing director in making bribes to win contracts.

The company had anti-bribery and anti-corruption policies in place and had identified and stopped the largest bribe payment before it was paid, but the measures were found to be insufficient to meet the defence under the Act.

Vinay Verma, our white-collar crime expert, explains:

“The outcome of this case illustrates the difficulties that smaller companies may face in trying to act responsibly and keep within the law. Certainly, Skansen thought they had matters well covered, and by taking action to self-report may have imagined that their actions would have been considered exemplary, rather than falling short.

What is interesting is that by the time the case was heard, the company had become dormant, so no financial penalty could be imposed, and the only sentence could be an absolute discharge. When the judge asked why the prosecution had been brought in such circumstances, the Crown Prosecution Service said that it was in the public interest and they wanted to send a message to others.”

Vinay added:

“The message is loud and clear: you must have processes and policies that meet best practice conditions, whatever the size of your business, and be able to demonstrate how it is embedded within the culture of the company. That will be demonstrated through regular risk assessments, ensuring staff are kept up to date on procedures, undertaking due diligence on clients and agents, and making sure written documentation hits the right standard and matches up to the requirements of the Act.”

For more information on any of the issues raised by this article, contact Vinay Verma today.

Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Spotlight on equal pay

Posted on by

Why has there been such an emphasis on equal pay recently? Even though equal pay is a legal obligation, it is still clear that many organisations are simply not conforming to the legislation. Women are, despite huge advances in equality in the workplace over the past 30 years, still coming up short when it comes to the pay gap. No longer content to accept the discrimination, women are now voicing their anger over what is a violation of the law, and fundamentally unjust treatment when it comes to the monthly pay packet.

What does equal pay mean?

The Advisory, Conciliation and Arbitration Service (ACAS) outlines that employers must “Give men and women equal treatment in the terms and conditions of their employment contract if they are employed to do:

  • ‘Like work’ – that is work that is the same or broadly similar;
  • work rated as equivalent under a job evaluation study;
  • work found to be of equal value in terms of effort, skill or decision-making.

Equal pay does not just refer to the basic pay packet. It also covers extras including:

  • Rates for overtime
  • Bonuses
  • Hours of work allocated
  • Access to pension schemes
  • Annual leave entitlement

And, it is not just about ensuring men and women are paid the same for the same or similar jobs, either. It also relates to other groups protected by law, such as people with a disability or from different ethnic backgrounds.

What employees can and cannot discuss regarding pay?

The Equality Act 2010 states it is unlawful for an employer in Great Britain to prevent employees from having discussions to establish if there are differences in pay. However, an employer can require their employees to keep pay rates confidential from people outside of the workplace.

Employers also need to ensure that any discussions about equal pay are protected. No one should be victimised following a request for information about pay for the purpose of making a discrimination claim.

The law is there to support individuals who are not receiving equal pay. However, it is a complex area of law and you should speak to one of our employment lawyers for specialist advice.

Generally, you can claim for up to six years of lost earnings, but there are strict time limits. That means it makes sense to get expert legal advice as quickly as possible.

To start with, you do not have to make an official complaint but could speak to your employer informally. If this does not resolve the issue talk to one of our solicitors to discuss the possibility of mediation before deciding whether to take your case to an employment tribunal.

When making a tribunal claim it makes sense to have someone in your corner with a thorough understanding of the law. They can give valuable advice and, depending on what you agree, their fees could be taken from the amount that you win from your employer if your case is successful.

For any business, complying with the law around equal pay is essential. Failure can leave your business open to costly litigation as well as seriously affecting your reputation in the eyes of staff, customers, shareholders, and the public.

The laws around equal pay are extremely complex and ever-changing. This can leave your business at risk of claims, so it is important to stay up to date with all current legislation.

Seeking expert advice from a specialist employment lawyer can give businesses of all sizes the tools needed to meet all their legal obligations. This can include:

  • putting the right policies in place;
  • ensuring contracts are robust; and
  • delivering appropriate training for staff and managers.

Your legal team can also:

  • help you carry out an Equal Pay Questionnaire to establish the situation;
  • advise you on the strength of any case and whether it makes business sense to settle a claim before tribunal;
  • help you identify your defences; and
  • ensure that all the strict timings for evidence are complied with.

If you receive a warning of an equal pay claim you should seek legal advice as quickly as possible.

Ignoring it won’t make it go away. But be cautious as if you attempt to deal with the situation without taking professional advice, you could say something that is used against you in the future.

We offer businesses a unique employment and regulatory law package, as a way of keeping on top of those urgent and unforeseen legal issues. Speak to Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

WCs in takeaways and the workplace

Posted on by

A local authority may require an owner/occupier of a “relevant place” to allow the public access to sanitary facilities free of charge, under the Public Local Government Miscellaneous Provisions Act 1976. The Act describes a “relevant place” as:

  • a place which is (or is proposed to be) normally used for any of the following purposes: (a) holding any entertainment, exhibition or sporting event to which members of the public are admitted either as spectators or otherwise; and (b) the sale of food or drink to members of the public for consumption at that place;
  • a place which is (or is proposed to be) used on occasion(s) for any of the above purposes; and
  • a betting office.

Following a 1997 case, the widespread assumption was that when it came to takeaways, a “relevant place” constituted the premises where the majority of food was consumed on the premises, and which had more than 10 seats. However, a 2016 case altered this understanding of the law.

In 2016, Mr Justice Kerr confirmed that the definition of a “relevant place” did not include a numerical threshold, nor did it include a test of whether a takeaway’s walk-in or sit-down custom was the predominant part of its business.

A local authority, therefore, has the power to require a relevant place, such as a takeaway, to provide sanitary facilities if it deems them desirable. It is then open to that business to appeal to the courts for an order to be dismissed on the grounds that it is unreasonable.

Nonetheless, the case confirms that many takeaways, throughout the country, may be required by a local authority to provide sanitary facilities – even if they predominantly serve takeaway food for consumption off the premises and provide a limited number of seats.

The Workplace (Health, Safety & Welfare) Regulations 1992 deal with the provision of sanitary conveniences in the workplace.

The Regulations define “workplace” as “any premises or part of premises which are not domestic premises and are made available to any person at a place of work…”. However, the Regulations do not apply to certain workplaces such as shipyards, docks and mines.

Paragraph 20 stipulates that sanitary conveniences shall be provided at readily accessible places, and shall not be deemed suitable unless:

  1. they are adequately lit and ventilated;
  2. they (and the rooms containing them) are kept in a clean and orderly condition; and
  3. separate rooms are provided for men and women, except where, and so far as each convenience is in a separate room, the door is capable of being secured from the inside.

The Regulations further state that at least one WC for every 25:

  • women should be female only; and
  • men should be male only.

Paragraph 21 states that suitable washing facilities, including showers (if required by the nature of the work or for health reasons), shall be provided at readily accessible places.

Washing facilities shall not be suitable unless they:

  1. are in the immediate vicinity of every sanitary convenience (regardless of whether provided elsewhere);
  2. are in the immediate vicinity of any changing rooms;
  3. include a supply of clean hot and cold water;
  4. include soap and towels or other suitable means of cleaning/drying;
  5. are kept in a clean and orderly condition; and
  6. separate facilities are provided for men and women or have lockable doors.

It is important to note that the above specifications only apply to a “workplace” and not a “new workplace”.

New workplace conveniences

A “new workplace” is defined as “a workplace used for the first time as a workplace after 31 December 1992.” Unhelpfully, the Regulations give no indication of what constitutes the suitable and sufficient provision of sanitary conveniences for new workplaces. However, the Health & Safety Executive (HSE) has provided some useful guidance and has said that, where possible, there should be separate facilities for men and women, failing which there should be rooms with lockable doors.

Sanitary facilities used by women only

No. of PeopleNo. of WCsNo. of Washbasins
1-511
6-2522
26-50133
51-7544
76-10055

Sanitary facilities used by men only

No. of MenNo. of ToiletsNo. of Urinals
1-1511
16-3021
31-4522
46-6032
61-7533
76-9043
91-10044

The HSE guidance further recommends that:

  1. toilet paper is supplied and, for female employees, a means of disposing of sanitary dressings is provided;
  2. the facilities should be well-lit and ventilated;
  3. the facilities should be kept clean and in good condition;
  4. the facilities should have hot and cold running water and plenty of soap or other washing agents;
  5. if necessary, the basin should be large enough to wash your arms or forearms in;
  6. there should be a means for drying hands; and
  7. where necessary, there should be showers for particularly dirty work.

This means that effective systems to maintain any sanitary facilities to a high standard need to be put in place.

For more information, contact property lawyer John Gillette today.

Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

When mini breaks just don’t cut it

Posted on by

The mini break may have made the perfect date for Bridget Jones, but when it comes to employee rights, companies need to make sure they do everything to enable workers to take a full, uninterrupted 20-minute rest break.

The warning comes after the Employment Tribunal found Network Rail to have failed to take the necessary steps to facilitate 20-minute rest breaks, despite the employee being in a role that has special provision for alternative arrangements.

A railway signalman who was responsible for running single-manned signal boxes on eight-hour shifts brought the case. Due to train timetables, he could not take an uninterrupted break and had to be on-call when he did take a break. As a result, he argued that he had been denied his legal entitlement under the Working Time Regulations 1998 (WTR).

All workers are entitled to an uninterrupted 20-minute rest break away from their usual working location after six hours of working under the WTR. It must be known to be a rest break before it starts. So, if someone has had an unexpected 20-minute gap in their day, an employer cannot treat this as a rest break retrospectively.

If a worker is on call during a break, then it will not count as a rest break, but Regulation 24 of the WTR says that some workers will be excluded from these provisions as it may not be feasible to schedule the rest break in the usual way, but they must be allowed an equivalent period of compensatory rest. This applies to railway workers and others such as paramedics or lone workers such as those in a security role.

Although Network Rail provided a relief signaller in some regions, they did not do so in Mr Crawford’s region. Instead, they told him that he could take shorter breaks during his shifts “between periods of operational demand” and that these shorter breaks would add up to more than 20 minutes.

At the first hearing, the Employment Tribunal held that Network Rail had acted correctly and that when added together the short breaks were compliant with the requirements of compensatory rest. However, Mr Crawford appealed, and the Employment Appeal Tribunal (EAT) ruled against Network Rail. The EAT said that if it were possible to provide workers with a full uninterrupted 20-minute break, then that should be what happens. As Network Rail were providing the relief signalman in other regions, they must have been able to take steps to provide the same option in Mr Crawford’s region.

Employment lawyer, Karen Cole, said:

“Minimum rest periods are there for the protection of health and safety and this ruling demonstrates, once again, that tribunals will not allow employers to duck out of their responsibility.

As with all terms of employment, the starting point should be a clear policy that everyone knows and understands, especially where workers are involved in environments in which pre-scheduled breaks are hard to operate, or they are working alone. It’s important to re-evaluate regularly to see if problems are arising and take steps to ensure that breaks are being taken. You also need to be proactive about it, as arguing that a worker never asked for a break is not going to let you off the hook.”

Karen added:

“If you have a situation where it is difficult to give workers an uninterrupted break, away from their work station, then it’s worth reviewing the position with some specialist guidance, as the alternative may be an expensive tribunal claim.”

Crawford v Network Rail Infrastructure Limited

Speak to Karen Cole today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Solicitor apprenticeship

Posted on by

Having run my own business for several years, returning to employment and the solicitor apprenticeship, in the more traditional sense of the word, has been a big change for my family and me.

There have been some trying obstacles to overcome, and some occasions when staying late at the office has been necessary. However, this is certainly not the norm, and much to my children’s delight, I have been home in time for tea most nights, allowing me to fulfil the fatherly role of ‘borrowing’ their food – especially pudding!

The amount of time needed to study shocked us all, especially me, considering how long ago I left formal education. However, I have overcome this hurdle (for now) by making small tweaks to my routine. I’ve put my textbooks on my iPad, so my commute no longer feels wasted. Like a timelord, I’ve stretched the hours by sneaking in an hour or so of studying after the children have gone to bed, a few hours at the weekend, and a whole day of studying thanks to the study leave given to us by RIAA Barker Gillette.

Six years can feel like a long time, but what sets my mind at ease when thinking about the future is the level of support we receive at RIAA Barker Gillette, much of which comes from our close working relationship with our mentors. My mentor, Laura St Gallay, has been with me from the start, and we now work closely together in the dispute resolution department. Laura interviewed me, showed me around on my first day, settled me in, and mentored me ever since. She has made working alongside learning a rewarding experience.

As a member of the dispute resolution team, I have been exposed to various civil and criminal cases. They’re fast-paced, and it’s an exciting role that I enjoy.

What an opportunity to get paid to go to University whilst at the same time qualifying as a solicitor and training at a top West End firm.

We are all very pleased six months in and look forward to our future at RIAA Barker Gillette.

Patrick Simpson qualified as a solicitor in 2023. Speak to him today to find out more about the solicitor apprenticeship and his journey.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

The power of performance management

Posted on by

Historically, performance management worked like this: an employee would annually sit down with their manager (having first completed an appraisal form) in a process often rushed and with one eye on the clock. Although this routine is still performed in some organisations, it’s not performance management.

ACAS defines performance management as ‘A continuous process’ that ensures the performance of employees contributes to the business’s goals; to continuously improve the performance of individuals and that of the organisation.

Performance management involves the perpetual process of setting goals and objectives and noting performance while giving and receiving ongoing coaching and feedback. Effective performance management contributes to a business’s success. Equally, if it’s ineffective, it will negatively impact it.

“Employees who receive ongoing feedback about their performance are more motivated to perform well in the future”

Ten ways your business can benefit

  1. Increased performance motivation

    Employees who receive ongoing feedback about their performance will be more motivated to perform well in the future. This also increases the likelihood they will stay with an organisation.
  2. Increased self-esteem

    There’s a basic human need to be recognised and valued at work.
  3. Insight

    Managers gain a better understanding of each employee’s contribution to the business.
  4. A sense of purpose

    Employees better understand what’s expected of them and what it takes to be a successful performer (i.e., the criteria that define their role and its success).
  5. Fairer/more appropriate administrative actions

    A performance management system provides valid information that can be used to manage bonuses, promotions, transfers and terminations.
  6. Clear goals

    The team’s and the business’s goals are made clear, and employees understand the link between what they do and the company’s success.
  7. Increased competence

    An effective performance management system doesn’t just improve an employee’s performance; it sets a solid foundation. This allows them to grow and become more successful by establishing development plans.
  8. Misconduct is reduced

    A good performance management system provides an appropriate framework so employee misconduct is clearly defined and identified early – before it leads to disciplinary action.
  9. Employee claims

    Data collected through a performance management system can help employers document compliance in adopting fair and reasonable procedures and treating employees well. This can stand you in good stead when facing a claim.
  10. Performance clarity

    A performance management system allows businesses to quickly identify good and poor performers, forcing line managers to promptly address performance problems.

Putting your performance management system together

Set clear expectations

Employees should never be left thinking, ‘what’s expected of me?’. If no standard has been set, they won’t be able to meet it. This often derives from a lack of communication, so always ensure you clearly explain expectations, check an employee’s understanding, and challenge any assumptions.

Regular feedback

Managers who excel at managing performance do not wait until the annual appraisal to discuss an employee’s record. This should happen on a regular and informal basis. Formal meetings should also be held to confirm and record discussions that have taken place throughout the year. That way, there are no surprises later.

Support and develop

It is little use pointing out where someone is falling short without discussing a plan of action that addresses the issue(s). Effective performance management is about supporting employees to reach their full potential. This could come from mentoring, coaching, training, seminars or other development activities. Employees who perform well need some incentive to continue doing so.

“A performance management system allows businesses to quickly identify good and poor performers”

In short:

  • A well-thought-through performance management system can benefit your business.
  • If people have a sense of purpose, they’re more likely to stay with the company.
  • It’s easier for employees to reach targets when they clearly know what’s expected of them.
  • If employees are performing well, they should be incentivised to keep doing so.

As a starting point, ACAS has produced a helpful advisory booklet which sets out the performance cycle ‘How to manage performance’. Of course, performance management is not a cure. You must also give attention to the recruitment process at the outset, as well as implement any capability or disciplinary procedure in a timely way when an employee is identified as a poor performer (despite effective performance management being in place).

With the right resources, a performance management system can help turn your business around. The best part is, it can be implemented in any company, no matter the size, so both employees and employers can start reaping the benefits.

Speak to Karen Cole today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Making sure the work environment is safe

Posted on by

It can be difficult enough trying to get through hazardous weather conditions to reach work on time, but what if when you get there the office is only marginally warmer than the outside temperature?

Here’s a quick guide to your employer’s obligations when it comes to creating and maintaining a safe working environment during cold weather.

Despite what a lot of people think, there is no actual legal ‘minimum’ required temperature for a working environment. This is because businesses such as refrigeration storage and chilled food warehouses or factories would instantly contravene the law. There is, however, a guideline range of between 13°C (if the work involves ‘rigorous physical effort’) to 16°C. The guidelines are laid out in the Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 7, which states ‘During working hours, the temperature in all workplaces inside buildings shall be reasonable.’ Obviously, the definition of ‘reasonable’ is open to interpretation, and this could cause a problem if you feel the workplace environment is too cold.

It is worth bearing in mind, too, that the regulations only apply to employees. So, if a member of the public visiting a shopping centre feels that the temperature is too cold, then the only real option they have is to put an extra jumper on!

Slippery surfaces

An employer’s duty of care doesn’t just include the inside of a workplace building, but the paths and parking outside. It is down to an employer to make sure that paths are salted during icy conditions, and that snow or standing water is cleared. As the council won’t carry out gritting or salting on private land (only the public footpaths or roads will be covered by the council services), employers may need to either hire in contractors to deal with icy conditions or carry out precautions themselves.

If an employer doesn’t ensure that icy paths are salted and an employee slips on the ice, injuring themselves, that could result in an injury at work compensation claim. If the employer doesn’t have adequate public liability cover, that slip could be very costly indeed.

Personal Protective Equipment (PPE) – wrapping up warm

For employers who have teams or workers operating outside or in cold interiors such as refrigeration warehouses, there is a legal obligation to provide adequate PPE. This would include everything from gloves and boots to high-viz jackets, thermal layers and eye protection. If an employer fails to provide adequate PPE, then employees can talk to a legal or union representative and encourage the employer to ensure their health and well-being are catered for.

Can I refuse to work if it is too cold?

If the temperature drops below 13°C then technically you could be allowed to refuse to continue working, but the law is very grey as to whether you would be entitled to paid leave under those circumstances. The first thing to do is to inform your boss or union representative that conditions are falling below the minimum standards expected of a healthy and safe working environment and to try to resolve the situation amicably. It could simply be a matter of asking them to turn up the heating thermostat a couple of degrees.

If they continue to refuse, then you may have grounds for further action. If you feel that your health is being compromised by a consistently cold working environment and that your employer has not taken steps to fulfil their duty of care, then talk to a solicitor who will be able to advise you on what action to take next.

A working environment that is too cold doesn’t encourage productivity and can put workers at risk of health issues. It is up to the employer to make sure they are creating a safe, comfortable workplace. Not only is it part of their duty of care, but it is in their best interests to have a warm, productive workforce who are comfortable in their environment.

Speak to Vinay Verma today about the use of PPE and other Health and Safety necessities.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Businesses face bigger penalties on data leaks

Posted on by

The case involved an online leak of payroll data by Andrew Skelton, a disgruntled ex-employee of the supermarket chain Morrisons. Skelton received an eight-year conviction for offences under the Computer Misuse Act 1990 and the Data Protection Act 1998. However, over 5,000 current and ex-employees later joined together to bring a claim against the company itself, with the court finding Morrisons liable for the actions of its former member of staff.

The data included the salary and bank details of some 100,000 staff, and the ruling, which is the first data leak class action in the UK, allows those affected to claim compensation for the “upset and distress” caused.

Although Morrisons has said it will appeal, experts predict that the vicarious liability judgement will make General Data Protection Regulation (GDPR) compliance even more pressing for employers and suppliers of contract labour where data processing is involved.

“This judgement is of huge importance, because Morrisons was held liable for the criminal misuse of third party data by an employee based on the principles of vicarious liability. The impact extends beyond the claims for compensation from employees, it’s also the impact on reputation and the financial and physical resources involved in dealing with the data breach. Reportedly, Morrisons spent more than £2m in responding to the misuse,”

Explains corporate lawyer Veronica Hartley.

“Data breach is a growing worry for a business, whether relating to employees or customers, and it is set to be even higher on the agenda in the new environment of GDPR post-May 2018.”

Bringing in a tough new era in EU-wide data protection law, the GDPR will replace the UK’s 1998 Data Protection Act with new powers for data regulators and much stricter operating boundaries for businesses that process personally identifiable information about individuals.

One of the key new requirements under GDPR is the accountability principle which requires businesses (data controllers) to demonstrate compliance by showing the regulator (in the UK, the Information Commissioner’s Office – the ICO) and individuals how they comply with these new obligations.

The aim is to harmonise data protection across all EU member states by making it simpler for everyone, including non-European companies, to comply. Still, it brings greater responsibilities for data controllers and data processors and big penalties of up to 4% of worldwide turnover or €20 million (whichever is greater) for non-compliance.

The biggest change is that the GDPR applies to any business processing personally identifiable information about EU citizens. Any UK business trading with EU citizens before or after Brexit will be affected, as will anyone who transfers personal data from the EU to the UK for processing or storage.

“The Government has said that GDPR compliance will be the minimum standard in UK law post-Brexit, to enable UK companies to do business across Europe. Anyone who hasn’t already embarked upon the GDPR journey needs to do so as a matter of urgency, as every business and organisation is affected, no matter their size, and must be able to demonstrate they are complying, not just dealing with problems after they occur. While it’s likely that most will need some specialist expertise on the legal technicalities and IT processes, as a starting point there is some excellent preparatory guidance on the ICO’s website.”

GDPR provides stronger protection for individuals in terms of consent. In place of the previous ‘opt out’ approach, organisations must secure positive consent from individuals for their data to be collected. The consent can be withdrawn at any time, as individuals have ‘the right to be forgotten’ and can also transfer their data elsewhere if they choose. Where data is to be processed for a purpose beyond that for which it was originally collected, there will need to be fresh consent. There are strict rules around data relating to children under 16 and requirements for parental consent.

The organisation will also have to provide more information about how data will be used and how long it will be kept, as data must not be held for any longer than necessary. If data will be stored outside the EEA, details must be provided, including what safeguards will be in place.

There is a distinction between controllers and processors of data. The controller determines the process and means of processing personal data, where a processor acts on behalf of the controller. However, each has obligations in case of a breach or lack of compliance. For an organisation that subcontracts its processing, there is a high duty of care imposed in selecting their data processing provider, with procurement processes to be followed and regular ongoing reviews once appointed.

Under GDPR, there will be a statutory obligation to notify the regulator – the ICO in the UK – of any breach if an individual’s personally identifiable information is at risk as a result. Penalties can range up to a maximum of €20m, or 4% of total worldwide turnover for businesses, for serious contraventions.

To avoid penalties, speak to data protection specialist Veronica Hartley today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Lessons for business from the #metoo headlines

Posted on by

The initial revelations about the Hollywood mogul inspired many others to take the arguably brave step to share their experiences of sexual abuse and harassment; millions of posts and tweets using the hashtag #metoo have been posted to social media.

That response was also reflected in figures from a ComRes poll on behalf of the BBC, which showed that more than half of all British women and a fifth of all men had experienced some form of sexual harassment in their place of work or study.

Such harassment comes in many forms but includes any unwelcome sexual advances, whether by touching, standing too close, asking for sexual favours, or displaying offensive materials. Employees are protected in the workplace by the Equality Act 2010, which makes it unlawful for an employer to allow any job applicant or employee to be subject to any harassment related to sex or of a sexual nature.

The research commissioned by the BBC showed that many who had suffered sexual harassment at work could not face the process of reporting an incident. Of those who said they had been harassed, 63% of women and 79% of men said they did not report it to anyone.

Employment lawyer Karen Cole said:

“Many employees will not report incidents because they’re embarrassed or ashamed, or may feel they will not be believed, as it is usually one person’s word against another. Any complaint must be brought within three months and the individual must be prepared to prove the conduct was ‘unwanted’.

This makes it difficult, as there are often circumstances where those being harassed may feel a passive position is the safest way to handle the situation, so the other party may argue it was mutual. Similarly, different people may have different ideas of what is acceptable; someone might think it’s ok to make racy jokes or engage flirtatious behaviour, where the other may find it offensive or humiliating.”

Resources published by the Equality and Human Rights Commission and conciliation service, ACAS, recommend that every business has a written policy setting out how harassment at work is unlawful and making sure all staff understand that such behaviour will not be tolerated and may be treated as a disciplinary offence. Examples of what constitutes unacceptable behaviour may help people understand the boundaries, particularly if they are relying on what may have seemed acceptable in previous years, together with guidance to staff on how to respond and deal with such behaviour. Then, most importantly, a clear process for the organisation’s steps if anyone feels they have been subject to any form of harassment, including a safe environment for reporting and handling any complaints.

Karen added:

“However large or small the company, top of the agenda should be a focus on the best possible attitude towards equality and diversity in the workplace. With research such as the BBC’s showing that it is usually a junior member of staff experiencing the harassment, management should lead the way in demonstrating that everyone, from the top down, has zero tolerance to inappropriate behaviour. Staff should be confident they can report any concerns, knowing they will be heard in a supportive, positive way.”

For further information on any harassment issue or, indeed, any other employment issue, call Karen Cole.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Landlords: Securing possession of a dwelling house

Posted on by

A residential occupier is defined as “a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises”. Section 1 of the PFE only applies to those who have occupied the premises under a tenancy or a licence and not to trespassers.

There are various types of residential tenancies regulated by statute, which can only be brought to an end in a particular way. The more common examples are:

  • an assured tenancy
  • an assured shorthold tenancy (an AST)
  • a Rent Act tenancy

Assuming the appropriate notices have been given consequent upon which proceedings are issued leading to orders granting possession if the occupier does not give up possession in accordance with the terms of the Court Order, the Landlord will need to consider its next step.

To enforce an Order for possession, the Landlord must apply for a warrant or writ of possession. For speed, Landlords often apply to transfer Possession Orders made in the County Court to the High Court because an eviction can usually be carried out more quickly by a High Court Enforcement Officer. It is prudent to ask for a transfer upon the grant of a Possession Order rather than wasting time by making an additional application and waiting for an Order consequent upon that.

Once transferred, the Landlord applies to the High Court for permission to issue a Writ of Possession under the Civil Procedure Rules. This task is usually delegated to the High Court Enforcement Officers. It is, however, important to ensure that the procedural steps to obtain a Writ of Possession are properly followed. This entails:

  • Giving every person in actual possession of the property notice of the intention to apply for a Writ of Possession. The notice does not confer any new rights on a tenant or other occupier. The effect is to give those who may apply for relief a sufficient opportunity to do so. No time period is specified. However, a seven-day notice is prudent in the circumstances.
  • At the expiration of seven days, a request for the issue of a Writ of Possession is lodged with the King’s Bench Division of the High Court supported by:
    • a draft Order for permission to issue a Writ of Possession;
    • an Application Notice; and
    • a witness statement in support of the application, setting out the grounds of the application and confirming compliance with the requirement to give notice to all occupants before the issue of the application.

The application is considered on paper by a High Court Master. A Writ of Possession can be ordered on the day of the application. Once armed with a Writ of Possession, the High Court Enforcement Officers can effect the eviction of the occupants of the dwelling house and secure the premises in favour of the Landlord.

There is one final matter, however, which needs to be addressed. The Enforcement Officers will serve a notice under the Torts (Interference with Goods) Act 1977 giving the occupants a notice of intention to sell or dispose of goods left in the property. This is to cover the situation where the occupants do not remove their belongings. Prudently, at least seven days should be allowed to enable the occupants to remove their effects under the supervision of the Enforcement Officers. The Landlord should not interfere with this process. Once the process is complete, the Landlord can take charge of the keys and the property and deal with it as it thinks fit.

For more information, speak to M. Qaiser Khanzada today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

There are various types of residential tenancies regulated by statute which can only be brought to an end in a particular way.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Understanding Court of Protection applications in England and Wales
    When someone can no longer make decisions for themselves and has not put a Lasting Power of Attorney in place, the Court of Protection can step in. This article explains what the Court of Protection does, when an application may be needed, and what t


    Read more

  • Warranties and indemnities: Key protections in share and asset sales
    An overview of warranties and indemnities in share and asset sales, explaining key differences, common protections, liability limits and risk allocation.


    Read more

  • The Employment Rights Act is a call to action for employers 
    A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.


    Read more

  • Dilapidations explained: What commercial tenants and landlords need to know
    Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding


    Read more

  • The role of due diligence in corporate transactions
    In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.


    Read more

What they say...

  • Sharla Munian, February 2026
    Outstanding Legal Support and a Brilliant Result “I cannot recommend RIAA Barker Gillette highly enough. My solicitor supported me throughout a very challenging property litigation matter, and thanks to her expertise, dedication, and strategic

  • Client, February 2026
    Very good service in disagreement with architect “RIAA assisted me in a conflict I had with my architect, who wanted to overcharge me. The end result was satisfactory, with invoices reasonable despite being slightly higher than expected!”

  • Sharla Munian, February 2026
    Outstanding Solicitor Who Delivered the Outcome I Hoped For “After a number of years navigating a complex financial settlement following my separation, my solicitor has been incredible from start to finish. Their professionalism, patience, and

  • Peter, February 2026
    Advice on potential claims by an employee & settlement negotiation “Clear, efficient advice and timely execution. I would highly recommend Patrick and RIAA Barker Gillette.”

  • Amish Bristol, January 2026
    Absolutely brilliant, fast, professional, clear and delivered a robust service “Recent mortgage oversight from Ben Marks and Anne was superbly dealt with, and I intend on moving all my business to them. For a big firm, they really do pay attent

Read more