5 steps for handling workplace harassment claims
Employers have a legal and moral obligation to foster a safe and inclusive work environment, and Pride Month shines a spotlight on the importance of providing a workspace where employees feel safe. By proactively handling allegations of harassment, employers can protect their workers and maintain a positive company culture.
Follow these key steps when addressing allegations of workplace harassment and discrimination to avoid potential legal repercussions as they arise:
Preventing incidents begins with cultivating a culture of respect and inclusivity, so employers should show their commitment to doing this. Develop a clear and comprehensive policy that explicitly prohibits harassment and discrimination in any form.
This policy should define prohibited conduct in no uncertain terms, outline reporting procedures, stress that any reports will be dealt with confidentially, and emphasise the company's zero-tolerance approach to dealing with these issues. It’s vital to ensure that all employees are aware of this policy to foster awareness and promote adherence to the guidelines.
It is important to make sure you document every aspect of the investigation, including interviews, evidence gathered (such as emails or written accounts of conversations) and any disciplinary actions taken. This will be especially useful if the person accused of harassment faces similar accusations in future. Timely and comprehensive documentation can serve as crucial evidence and, should legal proceedings occur, it is best to do your due diligence and leave no stone unturned.
When a harassment or discrimination complaint arises, employers must handle it promptly, impartially, and completely confidentially. To this end, we recommend that you designate a neutral investigator or seek external assistance to conduct a thorough investigation into each and every claim.
As part of our Adapt HR support services, qualified paralegal Tracy Rowbotham regularly attends internal meetings with employees, both to take notes and document proceedings in addition to advising managers through the disciplinary procedure. She is supported by our employment law team, meaning there is always someone available to act as an impartial advisor and guide you through the process.
During the investigation, it is likely that tensions will run high for all parties involved, but it is essential to support and protect the complainant during this ongoing process. Ensure that they feel as comfortable and secure as possible by providing access to counselling or support services during this time if reasonably required.
Maintain confidentiality as far as possible without jeopardising the investigation and do not allow gossip or retaliation against the complainant or any witnesses to go unchecked.
If the investigation substantiates the harassment or discrimination claim, employers must waste no time in taking appropriate corrective measures. This may include disciplinary actions (such as warnings, retraining, suspensions, or terminations) but this will depend on the severity of the offence.
Asking the complainant directly what they would like as a viable outcome could prevent problems down the line. If you do this, ensure that you do it as tactfully as possible and under the direction of your impartial adviser.
Throughout this whole process, transparent communication is critical. In the same way you are seeking to hold employees accountable for your actions, the steps you take when dealing with a complaint will not go unnoticed - and attempts to conceal problems only makes them more likely to recur.
Once the investigation is complete and appropriate action has been taken, inform the complainant and alleged offender about the outcome while respecting privacy constraints. Take time to carefully and clearly reiterate the company's commitment to a safe and inclusive workplace and encourage employees to continue reporting any concerns they may have.
If you need support in dealing with an allegation of discrimination or harassment, please get in touch with our employment law team.
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