Misconduct Warning Signs Your Organisation Might Be Missing
Our recent survey found that 28% of UK employees have been bullied or harassed at work in the past year. Almost 60% of those didn't report it.
In a recent article for People Management Magazine, our CEO and Co-Founder, Gemma McCall, makes the case for why organisations need to move away from reactive misconduct handling and start treating reporting data as an early warning system.
Here is a taster of what Gemma discusses:
"A tribunal claim is rarely the first sign something has gone wrong, it's usually the point at which earlier opportunities to intervene have been missed."
The article looks at why misconduct so often stays hidden well before it reaches a formal complaint. Behavioural changes, shifting team dynamics and patterns in attendance or performance can all signal that something is wrong long before anyone raises it officially. Gemma argues that HR teams who learn to read these signals early are far better placed to intervene before a situation escalates into a tribunal claim.
"Low reporting volumes can look reassuring, but they should be viewed with caution, as they can be a sign of lacking psychological safety."
This point challenges a common assumption in HR: that low report numbers mean a healthy workplace. Gemma draws on EHRC research showing that low harassment reporting can just as easily indicate fear of retaliation as it can genuine absence of misconduct. For organisations with more employees, unusually quiet reporting channels should expect scrutiny rather than reassurance.
Gemma also sets this thinking against the backdrop of the Employment Rights Act's new duty coming into force in October 2026, which will require employers to take all reasonable steps to prevent sexual harassment. Gemma explains that this raises the bar significantly. It will no longer be enough to point to a policy or a one-off training session. Employers will need to show evidence of ongoing monitoring, response to patterns and active prevention work.
Read Gemma's full article in People Management Magazine to learn how organisations can move from spotting the signs of misconduct to building genuine prevention into their culture.
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What we're reading
Latest insights from the front lines of workplace culture.
The Junior-Senior Speak-Up Divide: What the Data Reveals About Hierarchy and Silence
Speaking up about workplace misconduct shouldn’t depend on where someone sits in the organisational chart. But as shown in The Culture Shifters Annual Report 26/27, it does. Junior employees are twice as likely as senior leaders to believe that speaking up is "pointless," with 54% holding this view compared to just 27% of senior leaders.
Why Collecting Misconduct Data Isn't Enough to Meet the New All Reasonable Steps Duty
Our co-founder and CEO, Gemma McCall, has written a piece for The HR Director exploring one of the most persistent gaps in workplace misconduct management: the space between collecting data and actually using it.
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The NDA Ban Under the Employment Rights Act: What It Means for HR
When you can no longer buy silence, you have to invest in safety. That's the shift HR teams now need to plan for. Some organisations have historically leaned on settlement agreements and non-disclosure agreements to resolve harassment complaints quietly, keeping the details contained and the reputational risk low. The Employment Rights Act 2025 closes that option down. Once the NDA ban comes into force, a culture of silence stops being something the law will let you enforce.
Feeling inspired?
Take the first step toward preventative misconduct management with a demo of our Report + Support™ platform. We can show you how to breakdown reporting barriers with anonymous 2-way messaging, and how to act before things escalate with name-matching and pattern-spotting across our analytics dashboard.
