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NLJ this week: Practical steps for employers on ‘failure to prevent…’

18 April 2025
Issue: 8113 / Categories: Legal News , Regulatory , Commercial , Employment , Fraud , Governance , Harassment
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The dizzying array of regulatory requirements facing UK businesses is about to increase, with new ‘failure to prevent fraud’ duties in force in September and the proposed duty to prevent sexual harassment. In this week’s NLJ, Kerry Garcia, partner and head of employment, immigration & pensions, and James Evison, partner, at Stevens & Bolton, offer some practical steps for employers.

Garcia and Evison note that the incoming duties (bearing in mind the duty to prevent sexual harassment is currently a provision in the Employment Rights Bill) ‘signify a major shift in corporate governance’. They build on existing duties to prevent bribery, tax evasion and illegal working, and come amid increasing willingness on the part of the government to crack down on non-compliance.

The authors write: ‘Achieving these laudable aims through new regulatory measures and increased compliance action will place additional burdens on business—even those with a good track record on these issues. There is a clear tension between the government’s aim of driving behavioural change for businesses and, at the same time, its hope that those businesses will generate UK economic growth.’

MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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