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Employers must manage their response to sexual misconduct by their staff

Published: 31/07/2025
Written by Omar Qassim

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The recent dismissal of broadcaster Gregg Wallace from the BBC, following the substantiation of numerous allegations of sexualised comments, bullying, and discriminatory behaviour, offers crucial insights into how employers must manage serious workplace misconduct. The case underscores evolving legal standards and the shifting expectations of organisational culture.

1. Swift and Effective Response Required

One of the most important learning points is the imperative to act promptly and decisively. Although the BBC reportedly issued warnings and training post-2017, the behaviour continued, highlighting that superficial safeguards are insufficient. Employers need robust procedures to ensure misconduct is addressed, remediated, or escalated without delay.

2. Robust, Transparent Processes Protect All Parties

This case demonstrates that even when gross misconduct is suspected, employers have a legal obligation to conduct a fair process. That includes independent investigation, clear communication of allegations, opportunity to respond, representation rights, and appeal options. The BBC’s use of external investigators aligns with best-practice neutrality, particularly when handling public-facing figures.

3. Legal Duty to Account for Disability Awareness

Wallace disclosed a later autism diagnosis mid-investigation. Under the Equality Act 2010, employers must assess whether a disability contributed to misconduct and if reasonable adjustments were offered. While neurodivergence does not excuse misconduct, failure to explore this dimension may give rise to disability discrimination claims.

4. Cultural Tolerance = Long-Term Legal and Reputational Risk

Labelling Wallace’s behaviour as “learned” and longstanding reflects a tolerance within culture. Businesses should not allow problematic behaviour to become entrenched, especially when perpetrator status is tied to profile or seniority. Ethical standards must be consistently enforced to prevent escalation and reputational damage.

5. The Preventative Duty is Now Active Law

Crucially, the Worker Protection (Amendment of Equality Act) Act 2023 came into effect on 26 October 2024, creating a legal obligation for employers to take reasonable steps proactively to prevent sexual harassment of workers. The Equality and Human Rights Commission emphasises that this duty extends to harassment both by colleagues and third parties, sanctioning employers who fail, even by allowing enforcement action or increased tribunal awards of up to 25% for non-compliance.

6. Heightened Organisational Accountability

With the preventative duty now entrenched in UK law, employers must embed anti-harassment oversight throughout their organisation:

  • Risk assessments to identify where harassment may occur
  • Policies clearly articulating unacceptable behaviours and reporting mechanisms, and ensure these are reviewed every 12 months
  • Training tailored to workforce, including scenarios, bystander support, and manager accountability
  • Monitoring of culture and process effectiveness

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Conclusion

The Gregg Wallace case serves as a watershed moment for UK employers. It illustrates that serious allegations must be met with swift action, fair processes, cultural zero tolerance, even towards high-profile individuals, and active compliance with new preventive legal obligations. Businesses that fail to meet these standards risk not only legal liability and financial penalties but also severe reputational damage.

At Curwens, our Employment Law Team have expertise in bringing (and for that matter) defending claims of sexual harassment, and workplace bullying. Nobody should suffer in silence. Our legal team can help you ensure that your rights are secured and that your reputation is protected, too.

Omar Qassim is Head of Employment Law at Curwens. Please feel free to contact him by email This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone on 0808 169 9382 for a discussion of your case.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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Any data that you submit using this web form will be held by our firm as Data Controller and will be held securely for 12 months before being securely and confidentially destroyed.
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Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).

You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk

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