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 01455 858 132.

Free to Download Employer Resources

  • Bribery Risk Assessment Form

    FREE DOWNLOAD

    Bribery Risk Assessment Form

    Read more
  • The Good Work Plan 2020

    FREE DOWNLOAD

    The Good Work Plan 2020

    Read more
  • Expert View - Non-Compliant Contract

    FREE DOWNLOAD

    Expert View - Non-Compliant Contract

    Read more
  • BLOG

    Case Law Update: Gray v Mulberry Comp...

    The Court of Appeal has upheld earlier decisions that an employee’s belief in th...

    Read more
  • BLOG

    Mythbuster – Political Burnout Won’t ...

    The UK is getting ready for its third general election in four years. Hanging ov...

    Read more
  • BLOG

    Working Time Regulations

    Read more
  • REC

    CASE STUDY

    REC

    The events are brilliant. Amanda Chadwick, one of the expert speakers, is a very

    Read more
  • Grantley Hall

    CASE STUDY

    Grantley Hall

    Whenever we have a sensitive issue - sometimes involving individuals with protec

    Read more
  • Lady Heyes Holiday Park

    CASE STUDY

    Lady Heyes Holiday Park

    Overall it's definitely had a noticeable impact on the business and how I perfor

    Read more

Do you have any questions?

Get a free callback from one of our regional experts today