For employers that find themselves in an Employment Tribunal in a claim for sexual harassment, if the Tribunal find that they also breached a new legal requirement of failing to take ‘reasonable steps’ to prevent harassment, they will face extra penalties.

In the event of a breach, employers could be forced to pay out an extra 25 percent uplift on compensation to victims under the Worker Protection (Amendment of Equality Act 2010) Act, which comes into effect later this year.

Failure to implement protective policies and procedures and a lack of robust systems which are supported by measures to uphold the law, such as training and culture change in the workplace, could prove costly.

Gone are the days where it was enough for a business to be reactive to an allegation of sexual harassment. Today, it is by no means enough.

Companies need to demonstrate to all employees that sexual harassment will not be tolerated, and they need to set out in detail the measures they have taken or are taking to prevent it.

With another five months to go until the law comes into effect, businesses need to be taking steps now. As well as ensuring they are fully prepared for the legislation, early preparation will allow them to effectively demonstrate they took all reasonable steps to prevent harassment within the workplace, should there ever be a tribunal claim.

Possible steps could include providing training on what may constitute harassment including sexual harassment and update any relevant policies to make clear zero tolerance stance and provide employees with information on a clear pathway to raise concerns if they consider they are victims of sexual harassment.

The creation of a central log for complaints of harassment of any nature or conducting regular assessments to identify risk factors and preventative measures in the workplace.

The new law comes into effect in October this year.

For further advice on the above, or if you require any other Employment Law services and would like to discuss your situation with an expert employment solicitor, then please contact our experienced team.

Article written by Employment Solicitor, Kerry Hudson.

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Kerry Hudson, Employment Solicitor, issues the warning in light of the end of the government’s furlough scheme this month.

With the scheme offering a lifeline to companies such as in leisure that have been forced to temporarily shut down in times of less demand, there is now a lot of uncertainty about what might happen in the future once it comes to an end.

Often in industries where there is a high turnover and employees are hired very quickly, it might be all too easy to overlook a contract of employment, and sometimes employers might think it’s ‘a bit much’, but when things go wrong having a contract of employment goes a long way to resolving disputes.

From the first day of your employment employees are entitled to a written statement of employment which covers key elements of the agreement, such as pay, start date and hours of work.

However, a contract of employment provides that much needed security for both parties so neither party is left wondering what has been agreed or what they are entitled to, particularly if the employers has stated they are entitled to extra benefits over the statutory legal minimum.

Factories in particular are known for laying employees off to accommodate peaks and troughs, but furlough changed that as it brought about an alternative.  However now it is due to end employers need to be more disciplined in their approach to avoid difficulties in the future if situations like the pandemic happened again and there was no furlough scheme so clauses such a lay off or short time working need to be covered

A contract of employment – particularly for people in industries such as those most hit by the pandemic – would clearly set out the employer’s position and give both parties more clarity.

While a written statement of employment is a legal requirement, contracts of employment are not. But they could offer an added layer of protection should companies come up against legal action from a disgruntled employee.

In some circumstances an offer letter may appear to suffice, but I would always go one step further – particularly with the events of the past year and resulting changes in legislation.

A contract of employment goes into much more detail. Each party knows where they are and what is expected of them and with more and more people working flexible hours in the wake of the pandemic, a contract of employment gives employers the opportunity to outline such finer details – including the days an employee may be expected in work and the days they can work from home.

Also, don’t forget the crucial importance of a restrictive covenant that can be added to an employment contract to protect your business and the more senior your employee, the more crucial it is to have a contract of employment.

An employer investing in a proper contract of employment will reap its rewards when you need it most. Employees expect Contracts, when they don’t receive one it starts to raise concerns, so get it sorted from the outset.

For more advice on Employment Law both for employees & employers, contact our team of experts on 02476 531532

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What might appear to be an employee having a bit of fun or a risqué joke, after a drink or four, could, in fact, give rise to a claim against the employer for sexual harassment or other forms of discrimination. This is because employees’ discriminatory acts are treated as having been carried out by the employer if they are done “in the course of employment”.

Behaviour at an office party is likely to be considered be carried out in the course of employment, whether the party takes place in the office or down the pub.

Protection from discrimination is wide ranging and any unfavourable comments or acts connected to the following can be discriminatory: sex, race, age, disability, sexual orientation, religion or belief, pregnancy and maternity, marriage or civil partnership and gender re-assignment.

Employers should be able to successfully defend such actions if staff have acted contrary to the employer’s instructions not to discriminate. A good way for employers to protect themselves is to have an Equal Opportunities policy and to ensure that all staff have been trained on it.

Where an employer has not already taken these steps, or even if it has done so, it should consider reminding staff what constitutes unacceptable behaviour and what the consequences could be if they indulge in it.

If the worse happens and allegations of discrimination are made, they should be fully investigated by employers and disciplinary action should be taken against the accused, if appropriate.

Merry Christmas everyone!

Brindley Twist Tafft & James LPP

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