Key insights from our employment law and inclusion practice webinar

Harassment and discrimination in a changing legal landscape

Questions around outing, deadnaming, and appropriate workplace behaviour dominated the harassment discussion.

Your question: “With all these changes regarding gender and sex definition and harassment changes, where do we sit when it comes to behaviour towards trans and non-binary people?”

Our expert analysis: Michelle said: “First, examine how you obtained any information about someone’s gender history. What did you say you would use that data for? GDPR principles apply here – using personal information to “out” individuals would likely breach both data protection and harassment law.”

From a harassment perspective, outing someone or engaging in confrontational behaviour about facility use would likely still constitute harassment under current legislation. Importantly, you can face harassment claims for targeting someone based on a characteristic you believe they hold, regardless of whether they actually hold it.

The advice remains consistent: focus on appropriate workplace behaviour that aligns with your values. If concerns arise, address them through proper channels rather than confronting individuals publicly.

Data collection and reporting challenges

As pay gap reporting expands, organisations grapple with practical data collection challenges, with several direct questions highlighting common concerns.

Your question: “Can we mandate data disclosure, and how do we do that effectively?”

Emily’s expert view: “Yes, you can mandate the collection of data. I wouldn’t. If you can avoid it, because if you have to mandate it, it’s usually because you don’t have the trust and the data literacy that people are willing to voluntarily disclose… by mandating, you’re not necessarily going to get any better data, you’re just going to get a lot of people clicking prefer not to say.”

The focus should be on building data literacy – helping people understand why you’re collecting information, how it benefits them, and what protections exist. Voluntary disclosure with strong trust relationships yields much better results than mandatory collection.

Your question: “Where we have progressive organisations under 250 people, how should they approach pay gap reporting without breaching confidentiality?”

Emily’s practical advice: “Reporting is a great way, even if you don’t publish it, you use it internally within your team just to understand where you are and track your progress. Even if your samples are really small, that doesn’t mean you can’t use your data, analyse your data, and inform decision-making with it. You just might not publish it. Or you might aggregate it to publish it.”

Policy and process updates

Many asked about updating policies and procedures in light of recent the recent Supreme Court judgement, revealing the practical challenges organisations face.

Your question: “How do we audit our facilities and policies?”

Michelle’s guidance: “Begin to think about auditing your policies, frameworks, and processes for clarity, while still centring inclusion. It is important that we take into consideration the reframing of the meaning of the word sex. Have we thought about auditing our facilities and thinking about the assets and the stock that we have? Where are there any potential risk points.”

Your question: “What reporting frameworks should we use?”

Our expert response: “Where anybody has any concerns, they should be reported and dealt with in line with your usual HR policies, so this doesn’t become just a matter that a line manager needs to deal with. It’s dealt with centrally and in a really inclusive and consistent way.”

Your question: “How do we train managers effectively?”

The challenge identified: Our panel noted that “line managers and leaders often feel uncertain about what their role is, not don’t feel that they possess the skills, or sometimes the confidence to have authentic conversations with colleagues.”. The solution involves empowering trusted relationships and ensuring managers understand organisational processes and policies whilst providing them with the confidence to handle sensitive conversations appropriately.

Upcoming harassment liability responsibilities and preparation

Questions about harassment liability changes revealed concerns about preparation time and resource requirements, with attendees seeking clarity on timing and confidence levels.

Your question: “How confident are we about these harassment liability changes, and when might they occur?”

Carol’s detailed legal analysis: “The first change, the extension of the prevent and proactive duty across all protected characteristics, I’m highly confident that we are going to see that come into legislation. We’re reasonably confident in the second two (the standard shifting from ‘reasonable steps’ to ‘all reasonable steps’, and employers becoming directly liable for protecting employees from third-party harassment). It could be as quickly as late in 2025, but very likely within the next 12 months.”

This expert assessment helps organisations understand both the certainty of changes and the urgent timeline for preparation.

Preparation guidance from our panel: Start now. Develop plans based on your sexual harassment risk assessments. Create guides and templates for comprehensive risk assessment across all characteristics. Engage with employee resource groups to understand potential risks and effective mitigation strategies.

Getting the support you need

These questions highlight a crucial reality: the complexity of current legal and social changes requires specialist expertise. Organisations attempting to navigate these challenges alone risk both legal compliance issues and significant damage to workplace culture.

For supreme court ruling guidance: Our Membership programme provides ongoing legal updates, policy review support, manager training, and peer networking with organisations facing similar challenges. Members receive expert guidance throughout ongoing changes rather than struggling with interpretation alone.

For data and pay gap challenges: Our diversity data consultancy offers comprehensive support from strategy development through to system integration and analysis capabilities. We help organisations build sustainable data practices that deliver real insights rather than just compliance tick-boxes.

For harassment prevention: Our consultancy teams support comprehensive risk assessment development, policy updates, and training programme design to meet evolving legal requirements whilst maintaining inclusive cultures.

For training and development: Whether updating manager capabilities or building organisation-wide understanding, our training programmes ensure your people are equipped for these changing times.

The questions that reveal the need

The volume and complexity of questions received during this webinar demonstrate something important: these aren’t challenges any organisation should face alone. From legal interpretation through to practical implementation, from data strategy through to cultural change management, the expertise required spans multiple specialisms.

The organisations that will thrive through these changes are those that recognise the value of expert partnership rather than attempting to develop this expertise internally from scratch.

Whether you need ongoing strategic support, specific project-based consultancy, or training to build internal capabilities, Inclusive Employers provides the specialist expertise your organisation needs to navigate these complex times with confidence.

Ready to ensure your organisation has the support it needs? Contact our team to discuss how we can help with your specific challenges and opportunities.