Toxic Workplaces – Prevention and Noticing Toxic Behaviours
Law firms urged to review policies and procedures to ensure working culture regulations are adhered to
The legal profession is known for its high-pressure working environment and expectations. While the Solicitors Regulation Authority (SRA) acknowledges that law firms have the discretion to manage their individual businesses as they see appropriate, it has been made clear that they will intervene if they believe that poor working cultures are negatively affecting staff wellbeing, behaviour, and the quality of service provided to the public.
Additionally, it has been identified that such issues can lead to compliance risks and harm the industry’s reputation. Updated guidance issued in 2023 outlines the SRA’s expectations – Workplace environment: risks of failing to protect and support colleagues. The notice includes clear warnings about the sanctions that may be imposed on law firms or individuals who violate any of these rules.
What does the SRA highlight as key expectations?
Under the new guidance, the regulator stressed, “Firms should do everything they reasonably can to look after the wellbeing of those who work in and with the firm, and protect them from bullying, harassment, discrimination and victimisation, while supporting them so they can work safely and effectively.”
The SRA made it clear that it will hold individuals and firms accountable for failures to meet its standards in accordance with the enforcement strategy.
These rules provide grounds in which regulatory action can be taken in cases involving behaviour such as:
- Abuse by an individual of their position of authority or behaviour that amounts to discrimination, victimisation or harassment.
- A pattern of abuse of authority by senior staff that has been left unchecked by the firm.
- A complaint of discrimination, victimisation or harassment that is not dealt with by the firm in a prompt and fair way.
- Ineffective systems and controls, including failure to supervise or support staff, leading to serious competence or performance issues or delivery failures.
Steps the SRA expects firms to take include:
- Having effective systems and controls to supervise work and monitor concerns which may affect individuals’ wellbeing and competence.
- Providing a safe environment for people to raise concerns and addressing them promptly and in a constructive manner. Firms should also be aware that poor performance by an individual could be a warning sign that an individual is working under stress or duress.
- Treating people with dignity and respect to create an ethical workplace and an engaged workforce that provides a better client experience.
- Having in place and implementing policies on bullying, harassment, discrimination and victimisation as well as disciplinary procedures for breach of those policies.
Establishing Policies and Noticing Toxic Behaviours
All law firms must show the SRA that they actively promote practices that foster a positive workplace culture and reinforce the expectations surrounding core values.
Reviewing policies and procedures
When reviewing policies and procedures related to the workplace environment and identifying toxic behaviours, firms should consider the following key factors:
Establish Clear Policies
Ensure policies include clear guidelines for acceptable behaviour and the consequences of toxic conduct within the workplace. This should include expectations for behaviour both within and outside the office, such as at work events. Additionally, the policies should address expectations regarding the appropriate use of social media and communication apps.
Promote Open Communication
Promote open communication channels for employees to raise concerns about toxic behaviours without fear of reprisal. Ensure all employees understand these communication paths and build their confidence to utilise them.
Provide Ongoing Training
Conduct regular training sessions to educate employees and those responsible for supervision, coaching, and mentoring on effectively recognising and addressing toxic behaviours. Examples of toxic behaviours include intimidation, discrimination, or any form of harassment towards colleagues. Not supporting employee wellbeing can also lead to a toxic environment. It is important to train supervisors and employees to notice other signs of toxicity, such as physical and emotional symptoms. These indicators may include stress, anxiety, low morale, absenteeism, or conflicts among team members, all of which can indicate a toxic work environment.
Lead by Example
Leadership should exemplify positive behaviour and cultivate a culture of respect and inclusivity.
Monitor Workplace Dynamics
Regularly evaluate the workplace environment and monitor turnover rates to detect early signs of toxicity and address them quickly. For instance, a high turnover rate may indicate a toxic work environment.
Take Decisive Action
Promptly address toxic behaviours to safeguard the wellbeing of all employees and prevent escalation.
By aligning workplace policies and procedures with regulatory expectations, law firms can uphold ethical standards, prioritise employee wellbeing, and foster a conducive work environment while demonstrating to the regulator that the firm is meeting its regulatory obligations.
Sessions for Solicitors
PIB Insurance Brokers holds regular Sessions for Solicitors which are free to attend. These will provide law firms with an opportunity to address their concerns regarding workplace policies and procedures, as well as how to remain compliant.
If you are interested in attending one of our sessions please sign up for notifications and we will send you further information on how to attend our next session.