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In brief

Defining, identifying and addressing inappropriate workplace behaviour is increasingly a business-critical issue. Although local differences apply, many jurisdictions have similar legal requirements for protection of employees. This article explores the current legal framework, as well as the risks and litigation landscape, in the United Kingdom, Spain, the Netherlands, South Africa and the United Arab Emirates.


Inappropriate behaviour in the workplace is not new, but historically it was often ignored or accepted. Many employees were afraid to speak up, and often those who did felt they were hushed up or not taken seriously. More recent enlightened times have brought increased recognition and education about what conduct amounts to bullying and/or harassment and the circumstances in which it might occur.  #MeToo has further shone a spotlight on the issue and brought it to the world’s attention. This has helped bring more clarity to identifying unacceptable behaviour, increased confidence in challenging it, and higher expectations of employers to address it. But with the world having emerged from covid, and with a new generation of employees in the workforce, there is a renewed focus on what is acceptable.

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Author

Johan Botes heads Baker McKenzie’s Employment & Compensation Practice Group in Johannesburg. Johan is experienced in employment law and labor relations, focusing on South African and sub-Saharan African employment law and employee relations. He regularly advises multinational clients on industrial relations, employment negotiations, labor dispute resolution, change management, and organizational restructuring. His team manages multijurisdictional employment and employee relations projects on behalf of various multinational clients.

Author

Mirjam de Blécourt has been repeatedly recognized by top legal directories as one of the leading labor and employment lawyers in Europe and the Netherlands. She leads Baker McKenzie’s Amsterdam Employment and Pensions Law practice group and is member of the Firm's European Employment Group Steering Committee. Furthermore Mirjam is a former board member of Baker McKenzie's Amsterdam office.
Mirjam has always been very active in the diversity and inclusion sphere, both outside and inside Baker McKenzie. She currently serves as chair of the supervisory board for Rutgers (international centre of expertise on (women’s) health and rights). Additionally she serves as senator of VVD (People's Party for Freedom and Democracy) in the Dutch Senate. Mirjam joined Baker McKenzie in 1990 and has been a partner since 1999.

Author

Fermín Guardiola has been a partner at Baker McKenzie since 1995. He heads the Firm’s Labor & Employment Practice Group in Madrid and has over 20 years of experience in his area of practice. He is consistently recognized by Chambers Europe and Legal 500 as a leading lawyer in his field. In addition to his practice, Mr. Guardiola regularly collaborates with economic newspapers and has co-authored several reference monographs on labor and employment matters. He is a co-founder and director of Forelab, the prominent Spanish Labor Lawyers Association and also an arbitrator of the Madrid Bar Association Court of Arbitration.

Author

Monica Kurnatowksa is a partner in the Firm’s London office. She is recognised by The Legal 500 and Chambers UK as a leading individual. Chambers say she has “impressive experience of handling complex employment disputes and advisory matters for major clients. She is known for her expertise in trade union matters.” "The breadth of her experience is phenomenal." "She is an outstanding lawyer who provides a first-class service while juggling the intense demands of running high-profile matters on behalf of her clients. She is unflappable, courteous and extremely knowledgeable”. Monica is a member of the Consultation Board of PLC Employment On-line and is a regular speaker at internal and external seminars and workshops.

Author

Joanna Matthews-Taylor is a partner in the Dubai office of Baker McKenzie and head of the employment practice. Joanna advises on employment law and immigration matters, working with clients based in the UAE and wider Middle East region. Prior to joining the Firm, she worked as a senior legal consultant for an international law firm's Middle East office, and as a qualified assistant for a leading Scottish law firm.
From 2016 to 2023 Joanna has been recognised by Legal 500 and Chambers & Partners, most recently as a “Next Generation Partner” with clients and peers commenting that "she is solution-oriented, pragmatic and very knowledgeable of UAE employment law."