Top UK law firms rethink stance on relationships at work post #MeToo scrutiny
Linklaters and HSF have both brought in new policies which mean staff must disclose relationships at work - which other firms are following suit?
June 26, 2018 at 09:27 AM
4 minute read
The wave of #MeToo revelations across the legal profession has turned the spotlight on the policies law firms have in place to protect their employees from sexual harassment and other inappropriate behaviour in the workplace.
Linklaters and Herbert Smith Freehills have both taken action, bringing in whistleblowing hotlines and new requirements for staff to disclose personal relationships at work – so will others follow suit?
Four other major law firms have now told Legal Week that they are actively reviewing their policies on workplace relationships, including Dentons, which experienced its own #MeToo episode earlier this year when a partner was ousted after an investigation into his behaviour while he was at Scottish merger partner Maclay Murray & Spens.
The firm confirmed it is now looking at how it might "provide further guidance on relationships at work".
Other firms reviewing their procedures around personal relationships include CMS, which said the subject was currently under discussion "with a view to a formal policy being introduced in future", while Irwin Mitchell confirmed that it is "looking closely" at the issues relating to disclosure.
Elsewhere, Bryan Cave Leighton Paisner (BCLP), now into its third month post-merger, said that while it had policies in place for its legacy UK and US firms, it is considering creating new processes regarding relationship disclosure and whistleblowing for the combined firm.
A number of other UK top 20 law firms, including Allen & Overy (A&O), Ashurst, Simmons & Simmons, Pinsent Masons, Clyde & Co, Gowling WLG and Taylor Wessing have had policies regarding whistleblowing or the disclosure of personal relationships in place for some time.
Gowling WLG has a confidential reporting portal for staff to anonymously raise concerns over any wrongdoing, and while it does not have a policy regarding the disclosure of personal relationships, the firm does ensure individuals who have made management aware of their relationships do not report directly to each other.
A&O, meanwhile, said that while workplace relationships are not prohibited by the firm, it does require those in a relationship that involves a senior member of a team to notify their local HR contact.
At Simmons and Ashurst, partners are obliged to disclose relationships with other members of staff under its partnership code of conduct, which has been in place for a number of years. Simmons has also attempted to confront the stigma around whistleblowing with the introduction of 'confidantes', who provide a 'safe place' for staff to discuss confidential issues at any time.
"Confidantes are available to support anyone in the firm who wishes to approach them and who believes they have faced issues of sexual harassment and/or bullying first-hand," a Simmons spokesperson explained.
At Taylor Wessing, the firm launched a whistleblowing initiative dubbed 'Calling It Out' two years ago, and now has an employee assistance helpline, overseen by an external company, which employees and their family members can use to speak confidentially about work-related and personal issues, including bullying, relationships, balancing work and home life, depression and anxiety.
Hogan Lovells said it has "support mechanisms" for its staff relating to the disclosure of personal relationships, as well as clear processes for whistleblowing, while DLA Piper has varying whistleblowing and disclosure policies in place in the many jurisdictions in which it operates around the world.
DLA Piper added that it seeks to "strike a balance between the right to privacy and, where appropriate, ensuring there is a necessary level of transparency to ensure we maintain the right workplace environment".
Some firms have not introduced any formal policies, with Eversheds Sutherland confirming that it does not have anything in place regarding whistleblowing or personal relationships, and has no immediate plans to implement anything, although this may change in the longer term. Norton Rose Fulbright, meanwhile, said that while it it does have policies in the US and Canada, it does not have a global policy covering relationships at work in the UK.
Of the other magic circle firms, Clifford Chance encourages staff to disclose work relationships, but it is not mandatory, while Freshfields Bruckhaus Deringer and Slaughter and May do not have specific policies in place but instead trust their lawyers to take a common-sense approach and encourage an environment that commits to treat people fairly.
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