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PAE
It’s worrying how many employers still seem I tend not to lay too much blame with these
unprepared for this fast-approaching change. managers, as often they have simply not
been correctly trained to handle a complaint
Without the right planning, this new Act - in line with company policy or legislation. In
which puts focus on proactive prevention many cases, policies to guide managers do
of harassment, and includes the need for exist, but they are not well communicated, or
policies and safe channels for reporting - is nobody knows where to find them.
likely to result in an increase in conflict tax for
many organisations. It goes without saying that training is vital.
But this cannot be boring or stale; it must be
Remember, there is no cap on the amount interactive and engaging to avoid being a tick-
of compensation that can be awarded for an box exercise. Role play is an excellent way to
equality claim, and the record currently stands practise handling sensitive situations in a safe
at £4.6m.
environment.
To be ready for the change, employers should It’s also worth a reminder that the same
ensure they have a harassment policy which equality law that affects huge corporations
is frequently reviewed, conduct regular also applies to a tiny start-up as soon as
training sessions and ensure any harassment they employ one person. In reality, however,
complaints are taken seriously. Establishing a tribunals are likely to apply higher standards
confidential method of reporting, such as an to big businesses.
online tool, should also be a consideration.
Having a proactive strategy to minimise and
When I trace sexual harassment complaints effectively address sexual harassment, along
back to the beginning, often it’s the initial with other causes of employment disputes,
conversation with a line manager that can significantly reduce your conflict tax.
exacerbates the problem. Managers often
mishandle complaints at the first stage, But it can have other positive outcomes
either by not following the correct process or too, such as creating a better workplace
prejudging the outcome. culture, improving morale, and enhancing
your reputation as a responsible and caring
I’ve seen instances when an employee has employer.
sued the manager as well as the company,
because they failed to properly investigate the
complaint.
Equality-related conflict should always be
taken very seriously. Sometimes a manager
may instinctively try to deal with a complaint By Musab Hemsi, partner in employment
informally, but under-reacting to a situation is law at Anderson Strathern
a much bigger problem than over-reacting.
www.insider.co.uk
12 September 2024
