Guide to dealing with harassment in the workplace
Harassment claims represent a big risk to employers because of the uncapped compensation available but also in terms of reputation damage (particularly so due to #MeToo).
Here are some tips on how to approach harassment complaints:-
- think carefully about moving employees involved so they do not have to work close together
- considering whether you can objectively neutrally suspend – no knee jerk reactions as they can trigger constructive dismissal claims
- make sure you have absolute clarity on the allegation/complaint
- use context to determine the credibility of complainant/s
- ensure that everyone who is interviewed is bound by confidentiality (get them to sign a confidentiality agreement) and that they understand breach will result in disciplinary action
- consider bringing in an external third party to investigate
- be tough if there is a finding that complaints made were fabricated -starting point being that the employee complaining should be believed and their evidence tested during investigation to determine their credibility
- review your harassment and bullying policy as this document if well-drafted will guide managers through the process involved – tie this in with training on diversity and inclusion which should cover harassment
If you have received a complainant of harassment and need support in planning your approach in dealing with it please call David on 020 3603 2177.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
