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Legacy Management: responding to misconduct in charities January 2023

Insight

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Bullying and harassment: trustees’ responsibilities

Last year the Charity Commission co-chaired a working group to examine the role and responsibilities of those working in and with the charity sector in relation to the prevention of and response to bullying and harassment. The Commission made clear (in its own press release) that all charity trustees must recognise that bullying and harassment has no place within their organisations and that they must play a central role in addressing the issue. This should be done by having suitable policies in place and ensuring allegations are handled appropriately and in accordance with the applicable laws and regulations.

Alice Parker and Henry Brereton consider the charity and employment law responsibilities of charity trustees in this area and reflect on the consequences if bullying and harassment is not properly addressed within a charity.

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Getting ready to investigate

Kathleen Heycock and Maria Strauss head up Farrer & Co’s workplace investigations team and publish a regular blog on emerging themes and topical issues relating to workplace investigations relevant to organisations of all shapes and sizes, including charities. In their podcast they reflect on the “dos’ and ‘don’ts” when looking into allegations of misconduct and how to get an investigation off to a good start.

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Investigating in a regulated environment

Investigating allegations of misconduct or poor behaviour in an organisation is rarely straightforward and charities have the added scrutiny of the regulator to consider, as well as the potential regulatory implications for both the organisation and the staff involved. This raises the stakes for all concerned. Kathleen Heycock, Elizabeth Jones, Maria Strauss and Gerard Heyes look at workplace investigations in regulated sectors and consider charities’ reporting obligations in this context.

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Improving culture: allyship in the workplace

Ensuring strong and inclusive organisational culture is a key part of reducing incidents of bullying and harassment and helps ensure poor behaviour is identified and swiftly addressed. Rachel Lewis reflects on the concept of allyship in the workplace and the role that leaders can play in creating a culture where it is supported.

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If you require further information about anything covered in this briefing, please contact Sophia Coles or your usual contact at the firm on +44 (0)20 3375 7000.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, January 2023

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About the authors

Sophia Coles lawyer photo

Sophia Coles

Associate

Sophia specialises in all aspects of contentious and non-contentious employment matters. She advises on contractual and statutory entitlements, employment litigation and in relation to workplace investigations. Sophia also conducts workplace investigations. These commonly relate to disciplinary, grievance and whistleblowing matters, often involving sensitive allegations relating to bullying, sexual misconduct, and discrimination.

Sophia specialises in all aspects of contentious and non-contentious employment matters. She advises on contractual and statutory entitlements, employment litigation and in relation to workplace investigations. Sophia also conducts workplace investigations. These commonly relate to disciplinary, grievance and whistleblowing matters, often involving sensitive allegations relating to bullying, sexual misconduct, and discrimination.

Email Sophia +44 (0)20 3375 7817
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