A recent Foxtons study sheds light on key issues in workplace culture within the real estate sector.
A survey conducted by media company Bloomberg detailed disturbing accounts of former and current employees, highlighting cases of inappropriate behavior targeted at junior colleagues. 
More things to do
Foxtons publicly condemns these allegations, acknowledging that while progress has been made in recent years, there is “to do” to develop meaningful cultural changes within the business.
Creating a proactive and safe work environment is essential for businesses in the housing sector, given their unique personal and trust-based relationships with clients.
To protect employees and reputation, businesses should consider implementing practical measures to challenge fraud while acknowledging the legal consequences of their inability to deal with this behavior.
Bullying
There are no specific laws that explicitly prohibit workplace bullying, but businesses must remain vigilant about the potential legal implications of ignoring this issue.
The lack of customized laws does not mean that businesses can afford to be satisfied.
Bullying behavior may fall under the Equality Act 2010 (EQA). This prohibits conduct that violates human dignity or creates an intimidating environment. It is important to note that this behavior must be related to “protected characteristics” such as age, gender, and disability in order to be feasible under EQA.
Proactive Steps
The Workers Protection Act 2023 is based on the EQA by imposing a preventive obligation on employers to take proactive measures against sexual harassment in the workplace.
This means that businesses need to not only deal with instances of harassment, but also take measures to ensure that they don't actually occur in the first place.
Certain forms of bullying may be covered by protection from the 1997 Harassment Act (PFHA). The law does not clearly define harassment. However, case law shows that actions are oppressive and unacceptable.
Employers can be responsible for the implementation of employees under both EQA and PFHA. Additionally, if an employer is aware of cases of bullying and fails to take appropriate measures to protect the employee from harm, he may be liable for claims of negligence.
Real estate businesses need to ensure that anti-bullying policies and procedures are in place, as well as being tailored to their purposes. ”
To avoid legal risks, real estate businesses need to ensure that anti-bullying policies and procedures are in place as well as being tailored to their purposes.
Foxtons has recently detailed many major changes to its exit procedures, particularly the establishment of a “secret whistleblowing process.”
The company has also strengthened its “equality, diversity and inclusion” policy, with clear and easily accessible policies being an important first step towards establishing zero tolerance against fraud.
Enhancement
However, it is essential that these policies be strengthened through practical efforts, such as regular training sessions aimed at educating employees about rights and responsibilities.
Foxtons already implements its annual “respect and comprehensive training,” but businesses may consider adding more in-depth training targeted at managers, HR officials and staff handling fraudulent complaints.
This ensures that everyone is properly equipped to effectively recognize and respond to inappropriate behavior.
Creating a positive and safe working environment cannot rely solely on PR statements and annual training sessions. ”
Ultimately, creating a positive and safe working environment cannot rely solely on PR statements and annual training sessions.
Real estate businesses need to know that employees are handled properly and ensure that they promote an environment where employees feel comfortable challenging inappropriate behavior.
Toxic culture
If employees can raise concerns without fear, businesses can effectively reduce risks before escalating to a larger issue and prevent toxic cultures from developing.
It is paramount to prioritizing accountability through consistent enforcement of disciplinary policies and procedures.
By taking action to tackle inappropriate behavior, the real estate business can strive to protect its employees, maintaining a reputation and trust in its customers.
Thomas Beale is a partner in Boltburdon Kemp's bullying and harassment team;
