Section 40 of the Equality Act 2010 (EqA 2010) rendered employers liable to employees if they were subjected to harassment by third parties during the course of their work and if – despite knowing harassment had occurred on two previous occasions – the employer had not taken reasonable steps to stop it happening again. Some referred to this as the ‘three strikes’ rule.
THE media storm surrounding former SNP leader Alex Salmond has in many ways been fuelled by his confrontational approach to the sexual misconduct claims raised against him. These allegations came to the public’s attention when he commenced legal proceedings against the Scottish Government about their handling of investigations. Some consider this a smart move, others a political distraction from the underlying claims. It will be interesting to see how his case plays out given his very public profile.
Having to raise an allegation of sexual misconduct in the workplace will be one of the most distressing and stressful moments in anyone’s career. The #metoo movement has undoubtedly emboldened people to raise concerns and encouraged organisations to take these issues seriously. But we are also seeing increasingly robust defences from those accused and employers following strict and careful procedures to be sure to follow a fair process.
Last month, the Business, Energy and Industrial Strategy Committee (BEIS) published the first of its findings on gender pay gap reporting, as part of its inquiry into Corporate Governance: Delivering on Fair Pay. Highlighting a range of initiatives which it hopes the Government and businesses will implement in an effort to address the disparity of pay between the sexes, BEIS’s report makes for interesting reading.
Brad Pitt and Angelina Jolie's very public breakup has taken a different (and even more regrettable) turn in recent months with newspapers reporting on the apparently 'vitriolic' dispute over their children. The disagreement has allegedly arisen as Jolie is due to start filming Maleficent 2 in Europe while Pitt is committed to a new role in Los Angeles, making regular time with the children a near impossibility for the 'non-resident' parent. In addition, Jolie has claimed that Pitt has failed to provide ‘meaningful’ financial support. It has been suggested that mediation, one form of Alternative Dispute Resolution (ADR), was offered as a means to keep the matter out of court.