According to Naomi Greenwood, businesses have a legal and moral responsibility to protect employees from workplace harassment.
When sexual misconduct is reported, the company must investigate it quickly and with seriousness. If you try to sweep allegations of misconduct under the rug, it leaves your employees open to harassment. It also exposes your business to legal action.
It is much easier to say than do. Many businesses are not confident in their ability to handle complex misconduct cases. There are a few simple measures that any business can take to ensure they handle misconduct with sensitivity and effectiveness.
The law on workplace harassment
The 2010 Equality Act provides protection for employees against sexual misconduct. The act essentially prohibits behaviour that violates an employee’s dignity, or creates an hostile working environment. Employees who feel they have been subjected to sexual conduct which has caused this type of effect are entitled file a formal complaint.
In the event of a complaint, employers must be able show that they took reasonable steps to deal with workplace sexual harassment. It is important for employers to have in place best practices measures that will help them deal with any incidents.
Cornerstones of an effective investigation
Sexual misconduct accusations can be damaging to an individual. Employers would do well to make initial inquiries to determine the credibility of a claim before deciding whether to take action.
Employers may suspend an employee if the accusations are credible. While it is unpleasant, suspending an employee does not mean that they are guilty. It also means that the accusations can be investigated without the risk of interference from the suspended party.
Businesses need to consider carefully who they should speak to and how to conduct the investigation.
Third-party investigators can be useful, as they will be able to assess the situation neutrally due to their distance from those involved. This may not be feasible for every business. If it’s not possible, the investigation should still be conducted by senior figures in the company who can be trusted to not be influenced or manipulated by the office power structure.
Also, it is important to talk to people who are not directly involved in the incident. This will help you to get a better picture of the relationship between the parties involved and their general behavior.
Take every claim seriously
The issue of sexual misconduct must be addressed head-on. Some employers attempt to sweep them under the rug by offering financial settlements to employees or moving them into a new department in order to distance them from the accused.
This approach has a few problems. This approach fails to change the culture of the workplace. The message sent to the rest is not the right one. It increases the likelihood of future incidents of misconduct.
Second, it can pose risks to the employer. The Equality Act provides protection to employees from ‘victimisation,’ which is being treated less favorably because they made a complaint against discrimination or harassing. Employers could face victimisation claims if they choose to ignore the complaint, even if it negatively affects the complainant.
Protection proactive
In short, organizations need to be proactive and brave when dealing with misconduct in the workplace. It is important to make all employees aware of the fact that any misconduct will not tolerated. What is important in every case is that they take the time and care to properly investigate any claims. They will create a culture of anti-harassment if they do this consistently.
It is not a good idea to try and minimize or ignore a complaint. This encourages bad behavior, taints the culture and exposes an employer to future legal action. It is a sign that the business has failed in its duty to care for its employees.
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Naomi Greenwood, Employment Law Partner with Moore Barlow.
