New 12 month time for a personal grievance arising from sexual harassment…

From 13 June 2023 employees will have 12 months to raise a personal grievance arising from sexual harassment, if the event occurred on or after 13 June.

The 90 day time limit will continue to apply to all other personal grievances.

Also from 13 June 2023 all employment agreements (individual and collective) will need to insert new clauses  explaining the 12 month time limit. This requirement to insert new wording  is mandatory and a failure to have the correct wording in new agreements could lead to dire consequences such as being grounds to extend the time limit for personal grievances for sexual harassment even further (as an exceptional circumstance justifying an extension) or the imposition of penalties.

Agreements entered in to before 13 June do not have to have the wording inserted, but the new time limit will apply to those older contracts if the event was on or after 13 June. If older contracts are not upgraded it might open the door to a claim for exceptional circumstances, so updating older contracts may be a good idea anyway.

Employment law firms will be able to advise you on the required wording for new agreements and recommended wording for older agreements.

Alan Knowsley