BULLYING & HARASSMENT
DATA PROTECTION
DISABILITY
DISCIPLINE & GRIEVANCE
DISMISSAL
EMPLOYMENT TRIBUNALS
EMPLOYMENT LAW UPDATE
The changing landscape of employment law What next? By Alan Sutherland, Head of Employment Law, Navigator Employment Law The pandemic has obviously changed the way we have all been working. The question now is whether this shift in working practices is permanent. For instance, I have had a number of clients contact me requesting a Hybrid Working Policy as they consider that the 5 days a week, 9-5, working from the office set up is no longer desirable for their workforce. Others, however, are keen to bring employees back to the office. This shift has also been recognised by the government and may be reflected in some proposed legislative developments. In this article I will be looking ahead to 2022 and beyond and discussing some of these changes and how they will affect employers. The government has committed to legislation to introduce a duty on employers to take reasonable
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steps to prevent sexual harassment. The official government response to the consultation on sexual harassment that has led to this commitment stated that as employees start to return to the office it is the perfect time to create a “fair environment” for all. It also commented that the phrase “build back better” extends to the workplace. What does this mean in practical terms? Currently employers can avoid liability for sexual harassment committed by its employees if it has taken “all reasonable steps” to prevent that harassment. However, the new proposals will impose a positive duty by forcing employers to be more proactive on this issue. This could mean that an employer faces liability for failing to tackle sexual harassment even if no incident has taken place. The focus is very much
