As the festive season fast approaches, employers must be prepared with the right policies and procedures to handle any allegations stemming from holiday parties. Even incidents occurring offsite can lead to employer liability. To navigate these situations, it's crucial to understand the legal implications and best practices for managing allegations.
Understanding Vicarious Liability: The Legal Perspective
Employers can be held 'vicariously liable' for their employees' actions, including harassment, bullying, or sexual harassment, if such behavior occurs 'in the course of employment.' A Labour Court decision has extended the scope of 'in the course of employment' to encompass work-related social events, making the holiday season a crucial time for employers to review their responsibilities.
Defining Harassment and Its Implications
The Employment Equality Acts 1998 to 2015 (Equality Acts) categorize harassment as unwanted conduct related to any of the nine discriminatory grounds, such as gender, sexual orientation, age, and religious beliefs. Sexual harassment, on the other hand, constitutes any unwelcome verbal, non-verbal, or physical conduct of a sexual nature.
Both forms of harassment are considered conduct that violates a person's dignity, leading to an intimidating, hostile, degrading, humiliating, or offensive environment. If an employee can prove that a colleague's unwanted conduct has violated their dignity, the employer could face a harassment claim.
Employer's Responsibility to Prevent Discrimination
The Equality Acts stipulate that employers must take measures to prevent harassment, as it constitutes discrimination when occurring in the course of employment. Work-related harassment is also considered a breach of the employee's contract, potentially leading to claims for damages.
Assessing Harassment from the Employee's Perspective
When handling harassment allegations, courts will examine the impact of the unwanted behavior on the affected employee. Individual perceptions of offensive conduct can vary, highlighting the importance of establishing comprehensive dignity and respect policies and providing appropriate training.
Managing Harassment Allegations: Employer Best Practices
Fortunately, a defense exists for employers facing harassment allegations. By demonstrating that reasonably practical steps were taken to prevent harassment or alleviate its effects—including preventing recurrence—employers can significantly reduce the likelihood of being held vicariously liable.
To further protect your organization, implement the guidelines set forth by the Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012. This Code of Practice requires an effective and accessible dignity and respect policy as part of promoting workplace equality.
The Impact of #MeToo and #TimesUp Movements
The widespread sexual harassment scandals that sparked the #MeToo and #TimesUp movements have placed harassment issues under the spotlight. Now, more than ever, employers must have robust policies in place, communicate them effectively to employees, and provide relevant training.
By taking these measures, employers can not only better defend against harassment allegations but also foster a more respectful work environment.
Expert Assistance and Guidance
If you require further complimentary advice on workplace harassment, our expert advisors are available to take your call at any time, day or night. Contact us on 0818 923 923 or request a callback here.
