5 Disciplinary Procedure Essentials for Cases of Harassment

blog-publish-date

04 Feb 2018

blog-read-duration

Unfortunately, it’s not uncommon for harassment problems to emerge in a workplace. Harassment investigation services can set out on a fact-finding mission to collect the available information about an incident. It’s important to remember an investigator is provided with guidance on a respective incident. You should also detail how their subsequent findings should be reported to the business. Investigators are expected to research the incident and document the incident, examine all the available evidence, but avoid becoming involved in any incident they are investigating.

Important steps

Unfortunately, it’s not uncommon for harassment problems to emerge in a workplace. Harassment investigation services can set out on a fact-finding mission to collect the available information about an incident. It’s important to remember an investigator is provided with guidance on a respective incident. You should also detail how their subsequent findings should be reported to the business. Investigators are expected to research the incident and document the incident, examine all the available evidence, but avoid becoming involved in any incident they are investigating.

The 5 steps should include:

  1. Serious acts of harassment should be treated as gross misconduct
  2. It is important that the allegations set out in the invite to disciplinary letter are very clear to enable the employee to prepare his or her case. It will be insufficient to simply state “harassment is a breach of Company policy or procedures”
  3. The employee should be provided with copies of all evidence including witness statements or notes of investigation meetings
  4. Only where there is a genuine fear of reprisals should witness statements or investigation notes be anonymised.
  5. The employee should be aware of the possible outcomes of the disciplinary action. For example, if it is being treated as gross misconduct – a possible outcome of the hearing could be summary dismissal
If during your investigation into a case of harassment it becomes apparent there is no substance to the complaint, you need to meet with the complainant and explain in a sensitive way your findings. You should confirm whether any further action is necessary, such as a ‘Clear The Air’ meeting or some sort of mediation. To read our expert’s 7 Steps for Managing Harassment in the Workplace please visit here.

We can help

With unrivalled experience in the industry, Croner’s Employment Law advisors are some of the most renowned and knowledgeable professionals in their respective fields. If you are currently managing a case of this nature and would like guidance from a Croner expert please call 0808 145 3380.

Free to Download Employer Resources

  • How To Guide: Helping Employees with the EU Settlement Scheme

    FREE DOWNLOAD

    How To Guide: Helping Employees with ...

    Read more
  • Sample Risk Assessment Template

    FREE DOWNLOAD

    Sample Risk Assessment Template

    Read more
  • Upcoming Employment Law Changes - 2019/20

    FREE DOWNLOAD

    Upcoming Employment Law Changes - 201...

    Read more
  • Bank Holidays: Legal Requirement or Not?

    BLOG

    Bank Holidays: Legal Requirement or N...

    Do you need to give your staff days off on bank holidays? Do you have to pay the...

    Read more
  • Fires at The Ivy, Ocado and Tesla… Is Your Business Next?

    BLOG

    Fires at The Ivy, Ocado and Tesla… Is...

    The following incidents took place at the sites of major businesses in the UK be...

    Read more
  • Manual Handling Training: What You Need to Know

    BLOG

    Manual Handling Training: What You Ne...

    The Manual Handling Operations Regulations (MHOR) 1992 defines manual handling a...

    Read more
  • Solicitors Benevolent Association

    CASE STUDY

    Solicitors Benevolent Association

    “The reason for using Croner was the high-profile track record and the credibili

    Read more
  • John Taylor Hospice

    CASE STUDY

    John Taylor Hospice

    “A large number of the queries are around employment law and rights in areas suc

    Read more
  • Motorsport Industry Association

    CASE STUDY

    Motorsport Industry Association

    “I’m so happy with the service Croner provide, I’d be hard pressed to find a fau

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.