July 2023


Following the recent scandals in relation to Crispin Odey and the CBI, the House of Commons is yet another in a long line of high-profile organisations that have been hit with public accusations of sexual harassment. One common thread in many of these cases that have hit the headline is reports of poor cultures.


‘Predatory culture’


For example, in relation to Odey, there are allegations that inappropriate behaviour was normalised and went unchecked for more than two decades. Likewise in relation to the House of Commons, one member of staff reportedly said, ‘there was still a feeling among some MPs and senior staffers that they can do what they want without repercussions.’ 


How can we foster better workplace cultures?


Sadly, we can’t eliminate every instance of harassment, but there are ways that can help foster the kind of workplace culture where these types of issues are more likely not to occur, or to be raised and addressed at an early stage.


Here are three key tips:


1. Encourage open conversations and positive ‘speak up’ culture: This often takes time and requires a multifaceted approach. For example, ensuring managers know how to create a safe space for staff to raise issues. Many employers offer an anonymous reporting channel to make it clear that complaints are welcomed. As well as this, creating a safe space to share topics which might traditionally be seen as taboo or challenging, such as infertility, menopause or men’s mental health, can help.


2. Ensure good complaints handling: It is critical to ensure that when complaints are received, they are taken seriously and are handled appropriately, so others are not deterred from raising issues. This might include:


  • Avoiding unnecessary delay: For example, it is reported that the investigations into MPs took an average time of 262 days.


  • Not turning a blind eye: Or sweeping issues under the carpet because the accused is senior, as has been suggested in the Odey case.


  • Support: Ensuring those that raise complaints are given appropriate support without recrimination or victimisation.


3. Bring policies and training to life: Anti-harassment policies can sometimes be left ‘on the shelf’ unread and not applied and training can be a tick box affair. To try to combat this, employers can consider:


  • Promoting awareness: of expected standards and how to address issues at an early stage before issues escalate. This can include policies and training on ‘grey’ areas such as inappropriate ‘banter’ or less obvious inappropriate behaviour before it becomes more extreme. For example, ‘a hand on the hip in a social setting’ which was referred to in the House of Commons complaints.


  • Practical risk-based training: for example, training for managers to understand not just how to deal with matters effectively when people do complain but also how to proactively identify issues if they don’t. Bystander training can help colleagues know how to address such issues where appropriate.


From a legal perspective taking these kinds of steps can help reduce the risks of complaints and claims in the first place. They may also give employers a ‘reasonable steps defence’ in respect of a ‘rogue’ employee if someone were to bring a claim of harassment. 


This issue isn’t set to go away. Following these high profile cases, a parliamentary committee has renewed an inquiry into sexism and misogyny in the city, inviting evidence to be submitted by 1 September 2023. Details can be found here. 


Please note there are additional considerations for organisations that are financially regulated. Please reach out to Sophie Vanhegan or Alison Sneddon if you’d like to know more. We provide a range of training solutions to address these kinds of issues, please contact Natasha Adom if you would like further information in relation to this. 


If you, as an employer, are facing allegations of harassment and need assistance, please contact Philip Cameron or your usual GQ|Littler contact.