In April 2025, Russell Brand was charged for sexual offences following allegations from several women in 2023, who have claimed that Brand sexually assaulted and emotionally abused them.
The BBC, who Brand was employed by at the time two of the alleged offences took place, acknowledged that the culture during the time Brand was employed influenced what was considered acceptable, and many individuals felt unable to raise their concerns.
As part of an internal review, the BBC have found that their complaint systems at the time were inadequate. Many staff members believed that Brand would always get his way and felt that their concerns would not be taken seriously believing that Brand had the support of the station management.
What HR & Employers Can Learn From the Russell Brand Case
What this highlights for HR professionals and employers is the importance of having clear policies and procedures in place and a culture that both challenges and addresses misconduct as soon as it arises.
Employees should be aware of how and who to report incidents to, be confident that their complaints will be taken seriously, be aware of the conduct expected of them and be assured that policies will be enforced where any misconduct occurs, regardless of the seniority of the employee that allegations are raised against.
Employers should ensure that management and senior individuals lead by example and create a positive culture free from harassment. Creating a culture of openness and respect starts at the top of an organisation and it is important for businesses to create workplaces where employees feel empowered to speak up about any concerns.
Dealing with and managing senior or powerful individuals, such as Russell Brand, who act inappropriately is no straightforward task for employers. Often where serious misconduct occurs, such as sexual harassment, by senior individuals within a business employees feel unable to challenge such behaviour due to a fear of retaliation or because they feel their complaint will not be taken seriously.
As a result, employees do not raise concerns as, in the case of Brand, staff members believe that these influential individuals will always get their way, and concerns will be left unaddressed. This can mean that serious conduct issues are not brought to an employer’s attention soon enough, or at all, which can lead to a series of incidents occurring over a prolonged period which places a business at risk of expensive employment tribunal claims being brought or the settlement of such claims later down the line.
This can be costly for employers, both financially and reputationally, especially considering the new Worker Protection (Amendment of Equality Act 2010) Act 2023 which came into effect on 26 October 2024. The Act requires employers to take reasonable steps to prevent sexual harassment. This duty requires employers to proactively address and mitigate the risk of sexual harassment in the workplace.
The preventative duty is an anticipatory duty meaning that employers should undertake a risk assessment to anticipate scenarios when their workers may be subject to sexual harassment and take action to prevent such harassment taking place.
Allegations of sexual harassment can have a significant impact on a business and the employees concerned. It can be time-consuming for all involved and no doubt will have a reputational impact on the business both internally and externally.
If allegations are raised, employers must make sure that a thorough investigation is carried out without delay and, as far as possible, the employer should ensure that the investigation into the allegations is kept confidential, while balancing the need to obtain evidence from other witnesses.
Addressing historical misconduct can be particularly challenging for businesses but necessary for building trust and integrity as well as ensuring that any cultural issues are addressed and to avoid further occurrence.
Where historic allegations are raised, these should be treated seriously and investigated without delay. All investigations into any misconduct should be conducted thoroughly and in a fair manner, ensuring employees feel safe and protected from harassment.
The Russell Brand complaints highlight that employers should:
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Implement clear policies and procedures. Employees should be made aware of these policies and receive regular training on these as well as specific training on discrimination and harassment, including sexual harassment. Employees should have access to clear reporting systems to allow allegations of misconduct to be raised and dealt with in a timely manner.
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Promote an open culture that encourages employees to challenge inappropriate behaviour and raise concerns without fear of retaliation.
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Ensure management accountability and that senior leaders within the business lead by example as well as creating a positive culture which is free from harassment.
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Take proactive steps to investigate and address misconduct, including past misconduct, if raised. Addressing historical misconduct demonstrates that an employer is committed to accountability and creating a positive culture.
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Conduct a sexual harassment risk assessment to prevent harassment and place the business in a good position to defend any tribunal claim following the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023 which came into effect on 26 October 2024.
The Brand allegations and the BBC’s internal review of his behaviour serve as a striking reminder of the importance of having effective policies and procedures in place, management accountability and ensuring a positive culture where misconduct is both challenged and addressed.
Farleys Solicitors specialise in employment law and HR for businesses and employees. We can assist with developing robust policies and procedures or can provide advice on these as well as provide representation for clients on their employment tribunal claims or settlement agreements.
If you or your business requires HR & employment law advice and support in relation to any of the matters mentioned above, please contact us on 0845 287 0939 or contact us by email.
