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Clifford Chance
Inclusion at Clifford Chance <br />

Inclusion at Clifford Chance

Driving results for inclusion

Boards, management teams and in-house leaders must navigate conflicting demands from external stakeholders (regulators, investors, employees and clients/customers) alongside complex and diverging legal and regulatory requirements.

We help clients design and implement inclusion strategies that reflect this complex landscape. In doing so, we can draw on our employment, regulatory, data privacy, investigations and human rights expertise which helps organisations manage risk, protect reputation and deliver a sustainable culture.

Our approach is practical and grounded in real-world experience. We regularly advise on sensitive, high stakes matters where inclusion, workplace culture and governance intersect with legal, regulatory and reputational risk.

Legal and strategic inclusion advice

We provide legal and strategic inclusion advice that reflects evolving expectations for organisations globally. Advice on employment law, governance, regulation, data privacy, and disclosure is critical for organisations seeking to implement an effective inclusion strategy.  We help clients across sectors and geographies with proactive inclusion strategies and advice on managing risk in this area.

We coordinate advice across multiple regions to help clients balance regulatory expectations and deliver on their inclusion commitments.

Where issues arise, we help clients conduct investigations and produce fact-finding reports (with related privileged advice).  We advise on grievance and disciplinary procedure and outcomes. We handle litigation and disputes where departing employees allege discrimination, harassment, bullying or whistleblower detriment (in specialist employment tribunals, via alternative dispute resolution or in the civil courts). 

Inclusion data and monitoring

A strong inclusion strategy starts with understanding your workforce: where risks sit, where progress is being made and where action is needed. Investors, clients and regulators increasingly expect an appropriately balanced and credible process for monitoring inclusion.

We help clients understand how to monitor internal demographics lawfully, balancing the data privacy rights of the employer and employee, whilst managing legal and reputational risk.

There is no ‘one size fits all’ solution. Legal requirements, cultural sensitivities and workforce expectations vary across jurisdictions, making global consistency challenging.

We work with clients to design and review inclusion, diversity and equity policies and monitoring strategies that reflect local legal and cultural requirements.

Corporate culture

The recruitment, retention and progression of talent is fundamental to building a strong and credible inclusion position. This may need to be balanced against laws or regulations that place limits on "positive discrimination" or affirmative action.

We advise clients on retention and progression issues, including the lawfulness of incentivising and attracting under-represented talent and navigating rules on positive action.

Boards and senior HR leaders must balance a wide range of stakeholder perspectives, including affinity groups, individual employees and the wider business, while maintaining governance, consistency and trust.

We advise on structuring this engagement to support decision-making and withstand internal and external scrutiny. Robust harassment, whistleblowing and grievance frameworks are a critical part of this approach. Effective speak-up processes enable organisations to identify and address behaviours that undermine inclusion before they escalate into legal, regulatory or reputational risk.

We are frequently instructed on the review, testing and remediation of these frameworks, including in sensitive, senior-level situations.

Inclusion governance, reporting and regulation

Boards and senior leaders are increasingly expected to demonstrate accountability for appropriately balanced inclusion outcomes. We support clients in tracking progress, evidencing change and meeting internal and external reporting obligations, whether under corporate governance codes, sustainability disclosure frameworks or in response to ESG ratings and investor scrutiny.

Regulation increasingly shapes inclusion governance, including requirements on board diversity, pay gap reporting and the implementation of effective harassment, grievance and whistleblowing frameworks. We help organisations navigate evolving global regulatory expectations, manage risk and support a credible inclusion narrative.

Data governance is critical for effective inclusion oversight. As organisations increasingly use technology, including AI, in recruitment, performance management and talent decisions, ensuring ethical, transparent and non-discriminatory use is vital. We work with boards and senior legal, risk and HR teams to ensure emerging technologies are deployed in a way that aligns technical capability with anti-discrimination law, data protection requirements and evolving AI regulatory frameworks.

Diligence and remediation of Inclusion risks and opportunities

A core element of the growing focus on the social pillar of ESG is the ability to identify, assess and address inclusion risks and opportunities within an organisation’s own workforce, across target businesses and throughout value and supply chains.

We support clients with inclusion‑focused due diligence, including:

  • preparing tailored diligence reports addressing live or potential discrimination claims

  • assessing gaps in policies and processes against emerging ESG and regulatory expectations

  • testing whether stated inclusion commitments are reflected in practice

  • working with deal teams to identify and assess inclusion‑related issues that may be material to a transaction


For investors and portfolio owners, we support transaction readiness and value protection by:

  • auditing portfolio companies and identifying inclusion‑related risks ahead of sale or exit

  • developing practical remediation plans to strengthen inclusion positioning

  • reviewing family‑friendly and flexible working frameworks

  • assessing the handling of live harassment or grievance issues and wider cultural risk


Post‑transaction, we advise on the resolution and integration of inclusion issues, including:

  • pay parity and workforce harmonisation in newly combined organisations

  • governance and reporting structures for merged or acquired businesses

  • the design of inclusion initiatives and employee engagement frameworks


Through focused analysis and targeted action, our teams support organisations in protecting against downside risk while maximising the long‑term financial and reputational value of a credible inclusion strategy.

Inclusion at Clifford Chance

We forge a collaborative, inclusive culture where diverse perspectives are recognised and valued. A culture where everyone has equal access to opportunities to thrive and deliver for our clients, communities, and each other.

Inclusion is deeply embedded in our Code which reflects our identity and is a core part of what it means to be part of Clifford Chance. And because a more diverse, inclusive culture is a more dynamic, impactful one.

Find out more about Inclusion at Clifford Chance
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Global Board Diversity tracker

Global stakeholder and societal pressure for boardroom diversity reform has been backed by legislative and regulatory developments. Our Global Board Diversity tracker provides a snapshot of requirements on a jurisdiction by jurisdiction basis in key financial markets.

 

Find out more

Recent client highlights

  • Advising a major international corporate in the roll-out of an equalities questionnaire and the updating of its data privacy governance framework.
  • Advising a global financial institution in using positive action in its recruitment activities, in the wake of the #BlackLivesMatter movement.
 
 
  • Advising a major international bank on gender reassignment policies and trans issues in the workplace.
  • Advising a range of corporates, banks, insurers and financial investors on #MeToo investigations including advising on disciplinary investigations and processes and subsequent litigation.

 
  • Advising a major global investor on the board diversity requirements in each jurisdiction of its portfolio companies.
  • Supporting a global investment company in vetting an AI provider and their tool for use in recruitment, to avoid a discriminatory implementation.
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