Managing Workplace Harassment: Legal Obligations for Employers

Understanding Workplace Harassment

Workplace harassment is a critical issue that can have severe implications for both employees and employers. It affects the well-being and productivity of employees and exposes employers to significant legal risks. At Catherine Herries-Smith, we understand the complexities of managing workplace harassment and the importance of adhering to legal obligations. This article aims to guide employers through their responsibilities and provide practical steps to manage and prevent harassment effectively.

Definition and Types of Harassment
Workplace harassment is unwelcome conduct related to a relevant protected characteristic under the Equality Act 2010. This can include race, gender, disability, age, sexual orientation, religion or belief, and more. Harassment can manifest in various forms, such as:

• Verbal Abuse: Offensive jokes, slurs, or derogatory comments.
  Physical Harassment: Unwanted physical contact, assault, or threats.
• Sexual Harassment: Unwanted sexual advances, inappropriate touching, or suggestive comments.
• Bullying: Intimidation, humiliation, or undermining of a person’s professional standing.

Impact on the Workplace
Harassment can lead to a toxic work environment, decreasing productivity, increased absenteeism, and high employee turnover. It can also damage the company’s reputation and lead to costly legal disputes. Employers are legally and morally obligated to create a safe and respectful workplace.

Legal Obligations for Employers

The Equality Act 2010
The Equality Act 2010 is the primary legislation governing workplace harassment in the UK. It mandates that employers must not discriminate against employees based on protected characteristics and must take reasonable steps to prevent harassment.

Duty of Care
Employers have a duty of care to their employees, which includes providing a safe working environment. This duty extends to taking proactive measures to prevent harassment and addressing it promptly when it occurs.

Vicarious Liability
Employers can be held vicariously liable for harassment committed by their employees if it is found that they did not take adequate steps to prevent such behaviour. This liability underscores the importance of implementing robust anti-harassment policies and procedures.

Implementing Anti-Harassment Policies

Developing a Clear Policy
A clear and comprehensive anti-harassment policy is the cornerstone of preventing and managing workplace harassment. The policy should:

• Define Harassment: Provide clear definitions and examples of unacceptable behaviour.
• State Zero Tolerance: Clearly state that harassment will not be tolerated and outline the consequences of such behaviour.
• Detail Reporting Procedures: Explain how employees can report harassment, including multiple channels for reporting to ensure accessibility.
• Outline Investigation Procedures: Describe the process for investigating complaints, ensuring confidentiality and impartiality.
• Provide Support Resources: Offer information on available support for affected employees, such as counselling services.

Training and Awareness
Training is essential to ensure all employees understand the anti-harassment policy and their role in maintaining a respectful workplace. Regular training sessions should cover:

• Identifying Harassment: How to recognise different forms of harassment.
• Reporting Procedures: How to report harassment and the importance of doing so.
• Bystander Intervention: Empowering employees to intervene safely when witnessing harassment.
• Management Training: Equipping managers with the skills to handle complaints effectively and sensitively.

Handling Harassment Complaints

Establishing a Complaint Procedure
A well-defined complaint procedure ensures that harassment complaints are handled consistently and fairly. The method should include:

• Receiving Complaints: Designate trained individuals to receive complaints and ensure they are taken seriously.
• Confidentiality: Maintain the confidentiality of all parties involved to the greatest extent possible.
• Impartial Investigation: Conduct an unbiased investigation, gathering evidence and interviewing witnesses.
• Timely Resolution: Resolve complaints promptly to minimise the impact on the workplace.

Taking Appropriate Action
Based on the investigation findings, appropriate action should be taken to address the harassment. This may include:

• Disciplinary Action: Implementing disciplinary measures against the perpetrator, which can range from warnings to termination of employment.
• Remedial Measures: Prevent further harassment, such as training or policy changes.
• Support for Victims: Providing support to the victim, which may include counselling, relocation within the company, or other appropriate measures.

Creating a Positive Workplace Culture
Fostering a positive workplace culture can help prevent harassment. This involves:

• Promoting Respect: Encouraging a culture of mutual respect and inclusion.
• Leading by Example: Ensuring leadership models appropriate behaviour and enforces the anti-harassment policy.
• Encouraging Open Communication: Creating an environment where employees feel comfortable discussing concerns without fear of retaliation.

Regular Monitoring and Review
Regularly review and update the anti-harassment policy and procedures to ensure they remain effective and compliant with legal requirements. This includes:

• Conducting Surveys: Periodically survey employees to gauge the policy’s effectiveness and identify areas for improvement.
• Reviewing Incidents: Analysing harassment incidents to identify patterns and take corrective action.
• Updating Training: Keeping training programmes current and relevant.

Legal Support and Guidance

Seeking Legal Advice
Employers should seek legal advice when dealing with complex harassment cases to ensure compliance with the law and mitigate risks. At Catherine Herries-Smith, we provide expert legal support and guidance to help employers navigate their legal obligations and manage harassment effectively.

External Mediation and Investigation
In some cases, involving an external mediator or investigator can be beneficial. This ensures impartiality and can help resolve disputes more effectively. Professional mediators can facilitate dialogue between parties and work towards a mutually agreeable resolution.

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Manage Workplace Harassment With Catherine Herries-Smith Solicitors

Managing workplace harassment is a critical responsibility for employers, requiring a proactive and comprehensive approach. By understanding your legal obligations, implementing robust policies, and fostering a positive workplace culture, you can create a safe and respectful environment for your employees. At Catherine Herries-Smith, we are committed to helping employers manage workplace harassment effectively and ensure compliance with legal standards. Contact us today for expert advice and support in creating a harassment-free workplace.