Sexual Misconduct in the Workplace

Employment Law

Sexual misconduct claims may be raised in a variety of ways, including as a grievance or a whistleblowing disclosure by a current or former employee or partner.

Our work in this area includes:

• Advising organisations on managing processes and procedures fairly and impartially to avoid potential claims for discrimination, victimisation, unfair dismissal or constructive dismissal;
• Advising partnerships on their obligations and deeds, as well as the suspension and/or removal of a partner;
• Supporting organisations with any subsequent actions and disciplinary procedures, helping them to improve their policies and training to effect long-lasting cultural change;
• Advising individuals raising or responding to a sexual misconduct allegation, ensuring their rights are safeguarded and that the process is fair and robust;
• Advising organisations and individuals, alongside our Regulatory team, on the Financial Conduct Authority (FCA)’s regulatory reference regime and helping organisations to draft regulatory references.

Criminal Law

Sexual misconduct covers a broad spectrum of behaviour and it is vital to identify at the earliest stage whether the conduct complained of could be criminal in nature. Potentially criminal conduct brings with it additional considerations with distinct areas of risk.

Given their nature, sexual misconduct allegations can often lead to police investigations. Evidence gathered during the investigation or disciplinary process may become part of a police investigation and potentially be admissible in later criminal proceedings. Conversely, an incorrectly conducted investigation may lead to later evidential difficulties.

We can advise and assist organisations in several ways, including:

• Advising on the potential for a police investigation and/or managing contact with the police;
• Advising on the relevant criminal law, especially the complex intersection between an internal and criminal investigation;
• Advising individuals on their criminal law risk;
• Identifying appropriate modifications to ensure the investigations are fair for all involved.

Regulatory Law

We have a wealth of experience with high-profile, time-sensitive and complex investigations and can assist both regulated organisations and individuals. Our expertise includes:

• Helping organisations and individuals meet their regulatory obligations, including any requirement to report the allegations or the outcome of the investigation to the regulator (such as the Solicitors Regulation Authority (SRA), Financial Conduct Authority (FCA), Institute of Chartered Accountants in England and Wales (ICAEW) and the Association of Chartered Certified Accountants (ACCA) and keeping the regulator updated during an investigation;
• Advising and guiding organisations and individuals through the investigation process, taking into account their ongoing regulatory obligations and wider strategic issues;
• Demonstrating changes have been made to an organisation’s governance structures, systems and controls to promote a good workplace culture.

Reputation Management

Employers are increasingly aware of the damaging reputational impact caused by mishandling sexual misconduct complaints. That is why it is vital that any investigation is conducted properly and respects the legal rights of the complainant and respondent.

We advise organisations and individuals on a range of complex issues, including:

• The privacy rights and right to anonymity of a complainant, and the respondent’s rights to privacy;
• Minimising the threat of potential defamation, privacy and data protection claims;
• Appropriate media, internal and external communications strategies as the investigation progresses.

Data Protection Law

Sexual misconduct investigations always involve the handling of highly sensitive personal data. Our experts can assess the specific risks which may arise and help organisations comply fully with the relevant legislation.

Our services include:

• Preparing privacy notices, data protection risk assessments and information handling policies;
• Devising security and confidentiality protocols to ensure the safe sharing of documents with counsel, witnesses, external advisors or regulators;
• Providing advice following Data Subject Access Requests.