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

  • Grievance Policy Guide & Template

    FREE DOWNLOAD

    Grievance Policy Guide & Template

    Read more
  • Sickness Absence Policy & Procedure

    FREE DOWNLOAD

    Sickness Absence Policy & Procedure

    Read more
  • Bribery Risk Assessment Form

    FREE DOWNLOAD

    Bribery Risk Assessment Form

    Read more
  • BLOG

    Parental Bereavement Leave Becomes La...

    In 2010, Lucy Herd lost her son Jack. She was shocked to find how little time he...

    Read more
  • BLOG

    Case Law Update - Discrimination Canc...

    The Employment Appeal Tribunal (EAT) has ruled that individuals who have been di...

    Read more
  • BLOG

    EHRC Release anti-harassment guidance

    New guidance has been released for employers on preventing harassment at work. T...

    Read more
  • Print Inc.

    CASE STUDY

    Print Inc.

    Print Inc. are an embroidery and print company based in Carmarthenshire, South W...

    Read more
  • Scotgold Resources

    CASE STUDY

    Scotgold Resources

    A lot of organisations believe they’re sitting on a gold mine. Scotgold resource

    Read more
  • Wacoal

    CASE STUDY

    Wacoal

    “Overall, we’re very happy with the service Croner provides and we’d recommend i

    Read more

Do you have any questions?

Get a free callback from one of our regional experts today