Startups pride themselves on moving fast, and it’s certainly true that in these types of workplace environments, processes can often be light, hierarchies flat and communication informal. A founder might well find themselves sitting next to an intern rather than in a shiny big office, while decisions are made on Slack and the team WhatsApp is a veritable hive of ideas.
This kind of informality can be one of the things that makes a startup a great place to work and is why more employees are rejecting the established, big-name companies in favour of something that feels truly exciting and innovative. Yet, it can also create legal risk when the culture of the workplace grows faster than the processes designed to protect the people within it.
This issue is now particularly pressing. Since October 2024, employers have had a proactive duty to take reasonable steps to prevent sexual harassment at work; however, from 30 October 2026, that obligation will be strengthened, requiring employers to take “all reasonable steps”. The October 2026 legislative changes will also bring the significance of harassment involving third parties to the fore – an important consideration for businesses whose employees regularly deal with clients, customers and/or suppliers.
For founders, waiting until somebody makes a complaint is an untenable position. Employers have to put preventive measures in place before something goes wrong, so that the burden to take action doesn’t fall on the shoulders of...
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