Your Settlement Agreement Solicitor

Your Settlement Agreement Solicitor

Episode 21: US Election Special - Trump’s 2024 Victory - Implications for Workplace Culture and the Role of Settlement Agreements in the UK

Hello and welcome back to Your Settlement Agreement Solicitor. I’m Geoffrey Caesar, a solicitor specialising in settlement agreements.

On Monday, 20th January 2025, Donald Trump will be sworn in as president of the US, again. The outcome of the US presidential election has sparked strong reactions internationally, including here in the UK.

Trump’s controversial legacy includes numerous allegations of sexual harassment, raising questions about workplace culture, power dynamics, and how we respond to these issues. In this episode, I will explore what this means for UK businesses and employees and how settlement agreements might be affected as companies and workers reflect on what this new era means for them.

A second Trump presidency implies a permissiveness in the US when it comes to sexual harassment. This contrasts with the tightening of anti-sexual harassment legislation in the UK. The combination of a permissive attitude in the US permeating UK work culture and a simultaneous development of UK law to prevent sexual harassment could create a perfect storm for a rise in workplace disputes involving sexual harassment. This may drive an increase in the use of settlement agreements both to settle claims and to get rid of employees who pose a risk under emerging UK legislation.

Before I go any further, I advise you that this episode contains disturbing material. Whilst all the matters covered have been widely reported in the press for many years, they cover subjects including rape, paedophilia and incest. If any of these topics might be a trigger for you, you may prefer not to proceed with this episode.

Since the 1970s, Donald Trump has faced accusations of sexual misconduct from at least 26 women. These allegations span nearly five decades and cover a range of behaviours, including non-consensual groping, kissing, and other forms of sexual assault. Many allegations also involve Trump using his status and influence to gain access to vulnerable individuals, with claims of inappropriate comments, sexist language, and demeaning behaviour directed toward women.

Early Allegations and Patterns of Behaviour

From his early years in business, allegations of inappropriate behaviour toward women have trailed Trump. His first wife, Ivana Trump, alleged that during their marriage, Trump raped her in a fit of anger. Though Ivana later softened her statement, saying it was not meant in a "literal or criminal" sense, the incident set the tone for future accusations against Trump involving violent and non-consensual encounters with women.

Jill Harth, a businesswoman, alleged that Trump had made numerous unwanted advances toward her, attempting to grope her and force her into sexual situations. In 1997, Harth filed a lawsuit claiming Trump’s persistent sexual harassment and non-consensual touching. Though the lawsuit was eventually settled, Harth has maintained her allegations, citing how Trump’s actions affected her mental health and overall well-being.

High-Profile Cases and Legal Actions

The 2005 Access Hollywood Tape

In 2016, during Trump’s first presidential campaign, the infamous Access Hollywood tape surfaced. In this recording, Trump was heard bragging about being able to "grab [women] by the pussy" and described how, as a "star," he could "do anything" he wanted. The tape led to an apology from Trump, though he dismissed his comments as "locker room talk." Many of his accusers later said this dismissive response was the catalyst that drove them to speak out.

E. Jean Carroll’s Allegations and Subsequent Lawsuits

In 2019, journalist E. Jean Carroll alleged that Trump raped her in a department store dressing room in the mid-1990s. Carroll’s claim led to a defamation suit when Trump publicly called her a liar. In 2023, a New York jury found Trump liable for sexual abuse and awarded Carroll $5 million in damages. This ruling marked a significant moment in the ongoing legal battles surrounding Trump’s alleged misconduct.

Summer Zervos’s Defamation Suit

Former Apprentice contestant Summer Zervos accused Trump of sexually assaulting her in 2007, a claim that Trump denied. After his public dismissal of her accusations as lies, Zervos filed a defamation suit. This case lasted for several years before Zervos withdrew her claim, though she retained the right to speak publicly about her allegations.

Allegations of Sexual Misconduct at Pageants

Trump’s former ownership of the Miss Universe Organization, which included Miss USA and Miss Teen USA, brought a different set of allegations. Former contestants alleged that Trump would enter dressing rooms unannounced, catching contestants in various stages of undress. Trump himself had hinted at this behaviour in a 2005 interview on The Howard Stern Show, where he described how he could enter rooms and inspect contestants without warning because he "owned the pageant."

Multiple former contestants, including some underage contestants, corroborated these claims. This behaviour, combined with Trump’s frequent derogatory comments about women’s appearances, reinforced a perception of him as someone who objectified and mistreated women within the pageant world.

Involvement with Jeffrey Epstein and Allegations of Underage Abuse

Trump’s connection with Jeffrey Epstein, a financier later convicted of sex crimes, added another layer of controversy. Allegations surfaced suggesting that Trump, alongside Epstein, engaged in inappropriate conduct with minors at parties Epstein hosted. Though one specific suit involving Trump and Epstein was withdrawn, claims about Trump’s participation in underage sex parties persisted.

Incidents Involving Other High-Profile Women

Several women in public roles and high-profile settings have also accused Trump of misconduct. Natasha Stoynoff, a People magazine journalist, alleged that Trump forcibly kissed her in 2005 during an interview at his Mar-a-Lago estate.

Jessica Drake, an adult film actress, claimed that Trump had kissed her and two friends without consent and later offered her money in exchange for her company. Many of these women cited the Access Hollywood tape as a trigger for their decision to come forward, despite anticipated backlash.

Incidents Involving His Daughter

In 1997, while watching his 16-year-old daughter Ivanka host the Miss Teen USA pageant, Donald Trump reportedly turned to the reigning Miss Universe and asked, “Don’t you think my daughter’s hot? She’s hot, right?” This comment, shared with The New York Times by former Miss Universe Brook Antoinette Mahealani Lee, marked the beginning of public remarks about Ivanka that many have deemed inappropriate.

Over the next two decades, Trump continued to make similarly unsettling comments. He’s described Ivanka as “voluptuous” and openly agreed with a radio host’s suggestion to call her “a piece of ass.” He’s even joked that if she weren’t his daughter, “perhaps [he’d] be dating her.”

Here’s a summary of Trump’s remarks over the years about his daughter:

• 2003, The Howard Stern Show: Trump bragged about Ivanka’s appearance, stating, “You know who’s one of the great beauties of the world, according to everybody? And I helped create her. Ivanka. … She’s 6 feet tall, she’s got the best body.”
• 2004, New York Magazine Interview: In a December interview, he remarked, “Ivanka is a great, great beauty. Every guy in the country wants to go out with my daughter.”
• 2004, The Howard Stern Show: When host Howard Stern asked if he could call Ivanka “a piece of ass,” Trump agreed, replying, “Yeah.”
• 2006, The View: Appearing with Ivanka, Trump was asked how he’d feel if she posed for Playboy. He joked it would be “disappointing” but then added, “It would depend on what’s inside the magazine.” He followed with, “I don’t think Ivanka would do that, although she does have a very nice figure. I’ve said if Ivanka weren’t my daughter, perhaps I’d be dating her.”
• October 2006, The Howard Stern Show: When Stern commented that Ivanka looked “more voluptuous than ever,” Trump joined in, adding, “She’s actually always been very voluptuous. … She’s an amazing beauty.”
• 2015, Rolling Stone Interview: Speaking about Ivanka, Trump told the interviewer, “she’s really something, and what a beauty, that one. If I weren’t happily married and, ya know, her father…’”
• September 2016, The Dr. Oz Show: During a taping, after he kissed Ivanka on stage, Trump reportedly commented, “I kiss her every chance I get.” This line was reportedly edited out before the episode aired.

These comments, paired with his long history of objectifying remarks about women, have fuelled controversy and sparked critical discussions about respect, boundaries, and the normalisation of degrading language toward women.

Persistent Denials and Counterclaims

Throughout these numerous accusations, Trump has maintained that he is innocent, claiming that the allegations are false, politically motivated, and part of a broader conspiracy to damage his public image. During his 2016 campaign, he went as far as promising to sue his accusers and The New York Times, which had published several allegations. Although some cases were settled or withdrawn, others continued, and Trump’s legal team frequently fought to dismiss allegations or reduce liability.

Influence of the #MeToo Movement and Shifts in Public Perception

Trump’s response to these allegations became even more contentious as the #MeToo movement gained traction. The movement empowered countless women to speak openly about their experiences with sexual misconduct, fostering a cultural shift toward zero tolerance for harassment. In contrast, Trump’s dismissive attitude and frequent character attacks against his accusers seemed to counteract these social strides, creating polarised views among the public.

As a result, Trump’s behaviour has become a focal point in discussions on gender, power, and sexual misconduct, with implications for workplace culture and legal responses to such issues. For many organisations, especially in the UK, his election has served as a wake-up call to enforce strong policies against harassment and protect the rights and dignity of employees.

Impact on Workplace Culture in the UK: A Moment for Reflection

In the UK, we have strict standards around workplace harassment and discrimination. Employers have legal obligations to protect employees from harassment and foster an environment that respects all individuals. But cases involving high-profile figures like Trump can sometimes have a trickle-down effect, leading some individuals to question whether powerful figures in their own workplaces are held to the same standards.

Now that Trump has yet again been elected president, the allegations against him are likely to dominate headlines for many more years. UK companies might experience a rise in employees coming forward with concerns about workplace culture or harassment.

Some employees may feel newly empowered to speak out, while others may worry that allegations won’t be taken seriously if they involve senior figures or people with strong influence.

For employers, it’s an opportunity, and perhaps an obligation, to reinforce their commitment to a safe workplace by addressing concerns proactively, which is where settlement agreements often come into play.

The Role of Settlement Agreements in Addressing Allegations

So, what role do settlement agreements have in this context? Many organisations in the UK use settlement agreements to handle disputes, especially sensitive ones related to harassment or misconduct, with a degree of confidentiality. This can protect the reputations of both parties, allowing individuals to exit a company without pursuing a formal claim.

When allegations are raised, a settlement agreement can be a way for employers to show accountability and commitment to change without engaging in prolonged disputes. For employees, it provides a route to end their employment with financial security and confidentiality. But it’s worth noting that these agreements aren’t just ‘get out of jail free’ cards. They still require companies to take these allegations seriously and implement meaningful responses.

The Debate: Should Settlement Agreements be Used in Cases of Harassment?

There is an ongoing debate about the ethics of using settlement agreements in cases of harassment. Critics argue that confidentiality clauses, which often accompany settlement agreements, may prevent transparency and allow organisations to quietly handle allegations without addressing the root cause.

As more attention is drawn to harassment allegations in high-profile cases, some UK companies may feel pressure to re-evaluate how they word settlement agreements. In some cases, settlement agreements can include clauses requiring the company to provide training, review its policies, or even make structural changes to address cultural issues that may have contributed to the problem.

For those listening who might be employers, consider whether your agreements reflect a genuine commitment to change or simply a way to ‘close the matter.’ For employees, ensuring that any settlement reached respects your experiences and provides appropriate support or redress is crucial.

Using Settlement Agreements to Get Rid of Problem Employees

A settlement agreement terminates the employment relationship with the employee, who agrees not to bring claims against the employer. As such, settlement agreements allow an employer to be proactive and terminate problematic employees while avoiding any potential claim for unfair dismissal. This could be helpful given new laws regarding sexual harassment, combined with increased risks associated with another Trump presidency.

Since 26th October 2024, UK employers have been facing a new liability in the form of a potential 25% uplift where they have failed to take reasonable steps to prevent sexual harassment.

From Autumn 2026, if not sooner, under the Employment Rights Bill 2024, employers will have a duty to take “all reasonable steps” to prevent sexual harassment, which is a significant increase in the employers’ obligations compared to the current position.

If an employer has identified an employee who may put them in breach of the new laws, for example, a senior manager with a history of allegations against him who endorses Trump’s views on women, a settlement agreement is an ideal way to get rid of that individual.

Will UK Companies Need to Re-Evaluate Workplace Policies?

Trump’s election might prompt UK businesses to review their harassment policies and compliance standards. Many companies may start examining:

• Prevention Measures: Are they actively preventing harassment through regular training and clear policies?
• Reporting Mechanisms: Do employees feel safe and supported when reporting harassment?
• Post-Resolution Processes: If a settlement agreement is used, does it address the employee’s needs and contain genuine remedies?

Companies that fail to take these steps risk negatively impacting their reputation. Today, more than ever, consumers and employees alike are conscious of how businesses handle issues like harassment.

How Might This Affect Employees in the UK?

For many employees, Trump’s return to power will bring mixed feelings. Some might feel discouraged, worrying that even serious allegations won’t prevent powerful figures from thriving in their roles. Others may see it as motivation to insist on higher standards and accountability.

This situation could lead to an increase in whistleblowing cases, also known as “protected disclosures,” where employees feel compelled to report harassment or mistreatment. Employees may also seek to negotiate their terms if they find themselves in environments that don’t adequately protect them. And if they do, settlement agreements can play a vital role in securing fair treatment and a way to exit a situation with security.

A dismissal relating to whistleblowing is automatically unfair without any minimum term of service. So, if you are an employer and an employee makes a whistleblowing complaint, tread carefully and consider a settlement agreement early on to settle any potential claim. If you are an employee dismissed after making a complaint about sexual harassment, you are in a solid position to make a claim against your employer, which positions you ideally for negotiating a settlement.

Practical Steps for UK Employers and Employees Moving Forward

Let’s wrap up with some actionable advice.

For employers, now is the time to reassess your culture, policies, and values. Ensure that your policies on harassment and misconduct are not just on paper but practiced daily. Consider conducting an internal audit or encouraging open discussions to identify areas for improvement.

For employees, if you face harassment or feel unsupported, know that settlement agreements offer you the chance to secure fair treatment and a way to move on. But be informed: contact me for legal advice to make sure your rights are protected, and the agreement truly meets your needs.

Closing Thoughts

Trump’s re-election is a reminder that workplace culture, power dynamics, and accountability are universal issues that don’t stop at borders. As always, I am here to help you navigate these complex situations. Whether you’re an employer or an employee, understanding settlement agreements and knowing your rights is essential in today’s ever-evolving workplace.

Thank you for tuning in to this episode. I’m Geoffrey Caesar, Your Settlement Agreement Solicitor.