providing a network of support, advice and consultancy services on all people matters
Liz McQue - Chief Executive
Dignity at Work - Conducting Investigations - The Impact of the Equality Act 2010
- Category: Management/Leadership Development
- Date: No current presentations
With the arrival of the Equality Act 2010, it is more important than ever to ensure that managers are fully trained in investigating complaints of bullying, harassment and dignity at work. As Human Resources teams are slimmed down, line managers are increasingly responsible for resolving disputes informally at an early stage, and also for conducting formal investigations which must comply with the requirements of legislation and organisational procedures.
The Equality Act has brought together the key pieces of discrimination legislation which prevent unfair treatment on the grounds of sex, race, disability, gender reassignment, sexual orientation, religion, belief, pregnancy and maternity, marriage and civil partnership, and age (‘protected characteristics').
When conducting investigations, managers should particularly understand the impact of the following key changes in the law:
- The definition of harassment has been extended, so that the reason for the harassment can be ‘related to' a protected characteristic; for example employees now have the right to protection from discrimination on the grounds that they are caring for a disabled child.
- Employers are liable for acts of harassment by third parties (eg service users, customers) where an employee is subjected to harassment three or more times (whether by the same or different people) and management takes no steps to prevent it.
- Instructing, causing or inducing harassment between employees on the grounds of any of the protected characteristics will be unlawful.
Applications to Employment Tribunals have increased by 56% in the last year, and complaints of discrimination are particularly on the increase. With no cap on discrimination awards, it is vital for organisations to place themselves in the best possible position to defend potential claims.
Training in investigations helps managers to understand the processes and procedures required and the roles, rights and responsibilities of all those involved, while giving them the skills, techniques and confidence to conduct investigations in a fair, balanced and consistent manner.