The ‘Brand’ Allegations & Future Worker Protection Bill
Marina Fedrid, Associate at Cole Khan Solicitors LLP discusses the legal implications at play following the sexual assault allegations against Russell Brand
The scandal following sexual assault allegations being levelled against Russell Brand, a world-famous celebrity and comedian, serve as a real-world illustration that employers must be prepared to address allegations of discrimination and harassment in real time robustly and effectively.
During the period when the allegations are said to have been made against Brand, he was employed by both Channel 4 and the BBC, presenting the Big Brother spin-off programme Big Brother's Big Mouth on Channel 4, in addition to his various roles in Hollywood films.
The accusations unravelled as a result of a collaborative investigation involving the Sunday Times, the Times, and Channel 4's Dispatches. Brand denies the allegations.
This scandal has emerged at a critical juncture, coinciding with the government's support for new harassment laws that are set to significantly redefine employers' responsibilities and liabilities in the workplace.
Equality Act 2010
Sexual harassment, as defined in the Equality Act 2010, pertains to any unwelcome behaviour of a sexual nature that results in undermining an individual's dignity or creates an environment that is intimidating, hostile, degrading, humiliating, or offensive.
Under the current legal framework, an employer can be held responsible if one of their employees engages in harassment during the course of their employment, even if the employer had no prior knowledge of the misconduct. To mount a successful defence against such a claim, the employer is required to demonstrate that it took "all reasonable measures" to prevent the occurrence of harassment. Proving this can be particularly challenging when harassment has been confirmed to have taken place.
Worker Protection Bill
The impending Worker Protection (Amendment of Equality Act 2010) Bill potentially extends the impact beyond harassment committed by employees. If passed, this legislation will hopefully empower employees who experience harassment from clients, customers, or third parties to bring claims against their employers. This marks a significant departure from prior regulations and introduces a more onerous employer liability.
Enforceability: The duty to prevent sexual harassment will be enforceable by Employment Tribunals following the upholding of a sexual harassment claim, emphasising the legal gravity of this issue.
Compensation Uplift: Tribunals will have the discretion to award a compensation uplift of up to 25% in cases where the employer breaches their duty to prevent sexual harassment. This could result in considerable financial consequences for businesses, as compensation for sexual harassment is uncapped.
EHRC Enforcement: The Equality and Human Rights Commission (EHRC) will play a vital role in monitoring and enforcing compliance with the new duty. EHRC investigations can attract negative publicity and demand significant management attention.
Conclusion: The intersection of the Russell Brand scandal and the impending Worker Protection Bill underscores the importance of placing greater responsibility on employers to create a harassment-free workplace culture. As the number of sexual offences recorded by the police has peaked across England and Wales according to the ONS in the year ending March 2023, it is hoped that more victims will be able to pursue justice and compensation for sexual harassment conduct carried out by external people been attacked by third parties.
If you're experiencing workplace harassment, discrimination, or related issues, you're not alone. Your well-being and rights matter to us. We offer personalised support to individuals facing workplace challenges, providing legal consultation, practical guidance, and resources.
This blog has been written by Marina Fedrid, Associate at Cole Khan Solicitors LLP.