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17 January 2025
Issue: 8100 / Categories: Legal News , Employment , Harassment
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NLJ this week: The proactive duty to protect employees from sexual harassment

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What extra steps should employers take when employees deal with third parties? In this week’s NLJ, Vanessa Kelly, principal associate at Eversheds Sutherland, dissects the new legal duty on employers to proactively protect employees from sexual harassment, including from third parties, which took effect in October 2024.

Her article covers how the new duty applies to third parties and how third-party commercial terms can be updated. She provides a useful case study to illustrate the new duty in practice.

Kelly writes that the new duty does ‘not create a standalone claim that employees can bring. Instead, claims for breach of the duty can only be considered by a tribunal where it has upheld an employee’s claim of sexual harassment. Where an employer is found to have breached the preventative duty in such circumstances, the tribunal can increase any compensation award by up to 25%’. 

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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