Podcast | Workforce Worldview

    Investigating Sexual Harassment at Work – How Should I Handle Allegations Against Senior Employees?

    July 2025
    Region: Europe
    Featuring:

    Most organisations will need to conduct investigations into allegations of harassment at work at some point. While these workplace investigations are inherently complex and require a careful, sensitive approach, sexual harassment allegations against employees, particularly senior employees, can introduce additional complexity. Chris Kelly and Hannah Laming discuss the challenges you are likely to face when addressing such allegations.

    A few key takeaways from the discussion:

    The complainant wishes to avoid a workplace harassment investigation – do I still need to address the allegations?

    Often, complainants are reluctant to pursue workplace investigations due to fear of retaliation, especially when the accused holds a senior position. While the law protects complainants and there are steps you can take to reassure them, ultimately you may need to balance their wishes with both your duty to take reasonable steps to prevent sexual harassment at work under the Equality Act 2010 and any risk to the safety of other employees the alleged harasser may come into contact with. You should assess whether the risk of not investigating outweighs the risk of overriding the complainant’s wishes.

    How should I approach sexual harassment allegations with potential criminal implications?

    It is important to separate your internal workplace harassment investigations from any related criminal inquiries. A criminal investigation can take considerable time, so waiting for its outcome may delay your workplace investigation. As an employer, you should independently assess whether disciplinary measures are warranted based on the likelihood of the employee’s misconduct at work.

    If a senior employee is accused of sexual harassment, how will this impact a workplace investigation?

    Regardless of the accused’s seniority, a thorough workplace harassment investigation is essential. However, there may be additional considerations if there are business implications. You may need an external investigator to help navigate these complexities effectively.

    Is a settlement agreement a good resolution to a workplace harassment investigation?

    When contemplating negotiating a settlement agreement or nondisclosure agreement with a complainant, exercise caution to ensure compliance with legal requirements. Consider how these agreements may influence employee and client perceptions of your business culture – there could be repercussions for your company’s reputation.

    How can I prevent sexual harassment at work?

    Rather than waiting for formal sexual harassment allegations to surface, take proactive steps to foster a healthy workplace culture that addresses potential issues before they evolve into workplace harassment investigations. Establishing effective workplace policies or conducting a culture review can significantly reduce the risk of reputational damage and legal liabilities.

    Please reach out to Hannah and Chris to see how our Labour & Employment team and Government Investigations & White Collar team can support you with this.

    Featuring

    Christopher Kelly London
    Hannah Laming London

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