Creating a safe, respectful and inclusive workplace is one of the most important responsibilities an employer has. Unfortunately, workplace harassment can occur in organisations of any size, and how an employer responds to a complaint can have significant legal, financial and reputational consequences.
Employers are under a duty to take reasonable steps to prevent harassment in the workplace. Failing to deal with complaints appropriately can lead to low staff morale, increased employee turnover and, in some cases, claims before an Employment Tribunal.
Whether a complaint relates to inappropriate comments, bullying, sexual harassment or other unacceptable behaviour, employers should ensure that every allegation is taken seriously and investigated fairly.
In this article, we explain how employers should handle workplace harassment complaints and why following the correct procedure is essential.
What Is Workplace Harassment?
Harassment is unwanted conduct that relates to a protected characteristic and has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Protected characteristics under the Equality Act 2010 include age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.
Harassment can take many forms and is not limited to face-to-face interactions. It may include verbal comments, inappropriate jokes, unwanted physical contact, offensive emails or messages, social media activity or repeated behaviour that makes someone feel uncomfortable or intimidated.
It is important to remember that the intention behind the behaviour is not always the deciding factor. Conduct may still amount to harassment if it has the effect of creating an offensive or hostile environment, even if that was not the individual’s intention.
Employers should encourage staff to report concerns as early as possible and ensure employees understand how complaints can be raised.
Having clear policies in place helps create confidence that concerns will be taken seriously and dealt with appropriately.
How Should Employers Respond to a Complaint?
Receiving a harassment complaint can be challenging, but responding promptly and professionally is essential.
The first step should always be to acknowledge the complaint and reassure the employee that it will be investigated fairly and confidentially.
Employers should avoid making assumptions or reaching conclusions before all relevant evidence has been gathered.
An investigation should usually involve speaking to the individual making the complaint, the person against whom the allegation has been made and any witnesses who may have relevant information.
Throughout the process, employers should maintain confidentiality as far as reasonably possible and keep accurate records of meetings, evidence and decisions.
A fair investigation helps ensure that decisions are based on facts rather than assumptions.
Employers should also consider whether temporary measures are necessary while the investigation is ongoing. For example, it may be appropriate to temporarily adjust reporting lines or working arrangements where this is proportionate and helps protect the wellbeing of those involved.
Every complaint should be assessed on its own facts, and employers should ensure that all parties are treated fairly throughout the process.
Why Is Having the Right Policies So Important?
One of the best ways to reduce the risk of workplace harassment is to have clear policies and procedures in place before issues arise.
A comprehensive anti-harassment policy should explain what behaviour is unacceptable, how employees can report concerns and how complaints will be investigated.
Managers should receive appropriate training so they understand how to recognise potential harassment and respond consistently when concerns are raised.
Employers should also regularly review workplace culture to ensure employees feel comfortable speaking up if problems occur.
Practical steps may include:
- Maintaining an up-to-date anti-harassment policy.
- Providing regular equality and harassment training.
- Encouraging early reporting of concerns.
- Investigating complaints promptly and fairly.
Taking these preventative measures not only supports employees but also demonstrates that the employer is taking reasonable steps to prevent harassment.
In October 2024, a new proactive duty came into force requiring employers to take reasonable steps to prevent sexual harassment of employees. This highlights the increasing importance of preventative action rather than simply responding once incidents occur.
Employers who fail to take appropriate preventative measures may face increased legal risk if claims arise.
When Should Employers Seek Legal Advice?
Although some complaints can be resolved informally, more serious allegations often require careful legal consideration.
Employers should consider obtaining legal advice where:
- The complaint involves allegations of discrimination or sexual harassment.
- Disciplinary action or dismissal is being considered.
- A senior employee is involved.
- The employee has indicated they may pursue legal action.
Employment law is highly fact-specific, and every workplace is different. Obtaining advice early can help employers ensure that investigations are conducted fairly, procedures are followed correctly and decisions are legally defensible.
Many employers also use legal technology to better understand employment law issues before taking formal action. Platforms such as NakdLaw provide guidance on common employment law questions, helping employers understand legal principles before seeking tailored legal advice.
However, where allegations are serious or tribunal claims are a possibility, specialist legal advice remains essential.
Conclusion
Handling workplace harassment complaints properly is about more than complying with legal obligations. It demonstrates a commitment to creating a respectful and supportive working environment where employees feel safe and valued.
Employers who respond promptly, investigate fairly and maintain robust workplace policies are better placed to resolve complaints effectively while reducing the risk of legal claims.
Taking preventative steps, encouraging open communication and seeking legal advice where appropriate can help protect both employees and the business.
Need Employment Law Advice?
If your business is dealing with a workplace harassment complaint or you would like advice on your workplace policies and procedures, Penerley’s experienced employment law solicitors are here to help. We provide practical, commercially focused advice to employers across England and Wales. Contact Penerley today to discuss your situation and protect your business.
