Victimisation, harassment and sexual orientation discrimination in the workplace

– A Case Study

Our Client

An SME company in the leisure industry.

The Challenge

The company received a grievance from an employee who alleged that they had been victimised and harassed because of their sexual orientation. The directors were concerned about the allegations, however and felt out of their depth and requested support from us: They wanted to ensure that the allegations were fully investigated and, a fair and transparent process was carried out. Due to the complexities of the grievance, the directors reached out to us as their HR partner to manage the process for them. They were confident that we had the expertise and impartiality to manage the grievance on their behalf. Furthermore, as it was an extremely stressful experience for all concerned the company wanted to resolve the situation as quickly as possible.

Our Solution

The company was already one of our clients for whom we had already provided policies and procedures which complied with employment legislation. They also had in their policies the option to utlise a third party in these situations. We carried out a thorough investigation into the allegations, which included meeting with both complainant and respondent along with witnesses to alleged events.

Comprehensive notes were taken and agreed with the parties involved. Copies were provided to all parties as appropriate and an investigation outcome report was provided to a company Director, who would decide upon the most appropriate outcome from the investigation report.

We liaised with both the claimant and respondent throughout, keeping them up to date on progress and the expected timescales for the outcome.

Once the decision had been made, we supported the Director in delivering the outcome and assisted in issuing the relevant letters confirming the outcome.

The Outcome

The process was concluded within 3 weeks, and we were able to minimise the impact on others within the company.

The grievance was not upheld, and we liaised with the claimant following the outcome. The claimant knew that a thorough investigation had been carried out and that and that he grievance process had been followed throughout and decided not to appeal the decision. However, it was mutually agreed that the employee would exit the business by means of a settlement agreement, which we managed on our client’s behalf, negotiating and drafting the terms of the agreement between the company, employee and solicitor bringing it to a swift and amicable conclusion for all concerned.

Assistance with Grievances

It is a legal requirement that companies have a grievance policy in place and that this is followed when an employee raises a grievance. The consequences of no policy or process can result in a company facing a risk of legal challenge, which can be costly, time consuming, stressful and bring reputational damage upon the company.

We provide all our clients with all the necessary policies and procedures and support them throughout grievance and disciplinary process to ensure that such situations can be dealt with sensitively, professionally and in a timely manner.

For any assistance with drafting and implementing a grievance and disciplinary policy, carrying out an investigation or hearing or even training on carrying out activities associated with grievances disciplinaries please contact a member of the team 0333 2005153 or complete the contact form here.

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