Harassment in the workplace is a sensitive and sometimes difficult subject to handle, so here’s our expert advice on how to manage a harassment procedure...
The Code of Practice on Sexual Harassment and Harassment at Work defines harassment as
“any form of unwanted conduct related to any of the discriminatory grounds which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.”
Consequently, harassment relates to unwanted conduct related to any of the nine grounds of discrimination. It’s important to note that there doesn’t have to be repeated incidents to constitute harassment, it can be a one-off incident.
Code of Practice
The Harassment Code sets out the minimum standards that must be adhered to regarding the investigation of any harassment issues. Depending on the severity of the harassment, greater levels of investigation and formality may be required. Under the code, employers are legally responsible for any sexual harassment and harassment of their employees carried out by:
- Co-workers
- Clients
- Customers
- Any other business contacts
With any harassment case, the onus is on the employer to show they took all steps that were reasonably practicable in order to prevent harassment. Employers must also have comprehensive policies that emphasise:
- Prevention
- Best practice
- Complaints procedures
- Remedial action
Of course a policy is only as good as the staff implementing it, so employers must ensure that staff are trained accordingly, and that regular reviews are carried out in case of any legislative changes.
Process
The process can be either formal or informal. The employee who believes they’re being harassed should explain to the alleged perpetrator that their behaviour is unacceptable. If the employee doesn’t want to confront them, they can choose to use a contact person. This contact person can be:
- A friend
- A designated person in the workplace
- A trade union representative
Using the contact person, the employee can talk to the alleged perpetrator regarding the issue.
A formal process is used in any of the following circumstances:
- The alleged harassment is too serious to be addressed informally
- Attempts at informal resolution failed to achieve desired outcome
- The employee requests the complaint to be addressed formally
- When the harassment continues after the informal procedure has been followed
Investigation Stage
Best practice would be to conduct an investigation by two people of different genders, and who are trained accordingly in the process. The investigation procedure will be directed by the agreed terms of reference and these terms will outline how the formal procedure will be followed.
Both parties are entitled to representation, whether it’s a trade union representative, a friend or colleague. The alleged perpetrator should receive all the details of the allegation and any associated evidence and all meetings should be documented accordingly.
On completion of the investigation, a written report will be issued to both parties. The complaint will either be upheld or not upheld, and both parties have the right to appeal the outcome.
Our expert employment law advisors are always on hand to help if you require assistance with this or any other issue – just call the 24 Hour Advice Service on 01 855 5050.
