Employers can be held responsible for discriminatory behaviour on the part of their employees if that behaviour is carried out “in the course of employment”, a loose definition which also includes social gatherings organised by work.

However, if the employer can demonstrate that they had taken preventative measures to minimise the chances of a discriminatory act occurring, they may have a valid defence against future claims.

The European Recommendation and Code of Practice on the Dignity of Women and Men at Work gives employers specific recommendations on how to prevent sexual harassment. If a case is brought against an employer, compliance with these guidelines will go a long way to convincing an Employment Tribunal that the employer is not liable.

The Code makes the following recommendations:

• Issue a policy statement which specifically states that all workers have the right to be treated with dignity at work, that any form of harassment will not be tolerated and that employees have the right to complain should an incident occur.
• Communicate the policy to all employees, making them aware of their right to complain and who they should complain to, and also the likely consequences of harassing behaviour.
• Make managers and supervisors aware of their duty to ensure that sexually harassing behaviour does not occur in areas for which they are responsible, and remind them that they should be confidentially responsive and supportive to anyone who makes a complaint.

The Code also makes suggestions detailing what an employer should do if a complaint is made:

• Formal and informal means of resolving harassment issues should be available to employees.
• An individual should be designated to provide assistance and advice to employees who are victims of harassment of a sexual nature.
• A formal procedure should specify who complaints should be brought to, and also set out an alternative if complaining to the designated individual would be inappropriate for the employee in question.
• Complaints investigated internally should be independent and objective, and care should be taken to respect the rights of both the complainant and the alleged harasser.
• Violations of the employer’s harassment policy should be regarded as a disciplinary offence.

Having such a policy in place will not only help to prevent an employer being liable in the event of a sexual harassment claim, but it should also make it more difficult for harassment to occur in the first place.

Technorati Tags: Employer Liability, Sexual Harassment