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How do you reduce the risk of harassment claims in your workplace?
Harassment can come in different forms; however, it is interpreted as subjecting another to unwanted conduct because of their protected characteristic, which has the effect of causing that employee to feel degraded, humiliated, or intimidated. The protective characteristics include age, disability, gender reassignment, race, religion or belief, sex or sexual orientation.
If one employee subjects another to harassment, the company can also be vicariously liable for the employee’s actions unless it has taken reasonable steps to prevent this from happening. This is known as the reasonable steps defence.
Therefore, companies should consider the below mechanisms to mitigate and reduce the risk of employees issuing claims in the Employment Tribunal for unlawful harassment:
• Go back to basics and ensure your equality and diversity policies are reflective of current Employment Law.
• Provide up-to-date and meaningful equality and diversity training to your employees and deliver refresher training where necessary.
• Take a zero-tolerance approach to situations which could amount to harassment and/or discrimination. Set out in your handbook the behaviours which are expected and unacceptable behaviours.
• Take your victim as you find them. What is offensive to one employee, may be seen as “banter” to another. Take any complaint raised seriously and ensure that you fully understand it before commencing an investigation.
• Offer support to the victim at the early stages, which could include offering counselling. It may be necessary to suspend the harasser whilst the investigation is carried out but as we are all aware, suspension should not be the default knee-jerk reaction.
• Carry out a full and thorough investigation as getting the process wrong can be very costly for you, both in legal fees and lost management time.
• If things get a bit sticky and you receive a complaint relating to harassment or discrimination, take legal advice.
Our team has extensive experience in advising on all aspects of harassment and discrimination, contact us on 01827 317070 or employment@pickerings-solicitors.com
