A café was ordered to pay €25,000.00 to a former employee for allegations relating to harassment sexual harassment, and discrimination. This case highlights the importance of following internal policies and procedures when allegations of this nature are reported.

The employee was not awarded fair procedures when she raised her complaint, and her allegations were overlooked which allowed the harassment to persist. We explain below how you can protect your business and your employees from situations like this.

The café’s manager was accused of not permitting the employee to speak her native language during break times. He allegedly verbally and physically harassed the employee which included name-calling; inappropriate suggestive comments; and unnecessary physical contact and leering. Further allegations of micro-management were reported.

When these allegations were made, the café failed to present the employee with a copy of the Company’s harassment policy and grievance procedure. Additionally, they failed to follow their own internal policies and procedures that were outlined in the complainants contract of employment; under the Employment Equality Acts, 1998 – 2015, the Company will not condone harassment or bullying in any form in the workplace.

The adjudicator concluded that they employee’s complaint was well founded. The café was ordered to pay €25,000.00 to the complainant for distress suffered by the effects of harassment, sexual harassment and discrimination she endured in the workplace.

You can read the full case here.

Provide the employee with a Contract of Employment and Employee Handbook.

The Café failed to issue the complainant with an Employee Handbook. The grievance and disciplinary procedures should be shared with an employee within the first 28 days of commencing employment.

An Employee Handbook provides a detailed overview of policies that are specific to your Company alongside key procedures, guidelines, and benefits. In summary, it provides clear expectations for your employees whilst also outlining their employee rights.

Having an Employee Handbook in place makes dealing with issues within the workplace easier to man-age. It also ensures the same process is applied fairly to all employees. Having these policies and procedures in place removes ambiguity or accusations of unfair treatments. Furthermore, both management and employees know what to expect by referring to the policies and procedures outlined within.

A business needs to have policies and procedures in place which are found and outlined in the contract of employment and Employee Handbook. These documents should be issued to all employees upon commencing employment.

Create a grievance policy.

The purpose of this policy provides staff with a readily accessible procedure for addressing problems or concerns they may have regarding their work, management or another member of staff. This policy also ensures that staff may formally raise a grievance as regards any decision or action taken by this Company also giving staff the opportunity to make management formally aware of situations where it is felt that a policy or procedure is not being followed or applied fairly to employees.

In the case above, the manager was accused of paying ‘lip service’ to the café’s own polices which prohibited harassment. Managers should be trained on how to handle grievances efficiently and effectively and treat them seriously when they do arise.

Employers are not only required to respond to allegations of harassment and discrimination in the workplace, but they must also take steps to prevent this occurring in the first instance. Employers can do this by;

– Informing employees that harassment and discrimination is prohibited;

– Appointing a ‘contact person’ that employees can approach to discuss questions or concerns they may have

– Assuring employees they will not be punished for asking questions or sharing concerns

– Responding to allegations in line with your own internal policies & procedures

– Provide training to both management and employees on ‘Dignity at Work’ matters

As concluded by the Labour Court, the café not only failed to respond appropriately to the allegations raised, but also failed to prevent the Manager from harassing the complainant in the first instance.

The Employment Equality Acts 1998 – 2015 outlaws discrimination based on any of the nine grounds; gender, martial status, family status, sexual orientation, race, age, religious beliefs, disability and membership of the travelling community.

Contact one of our HR Advisors today and we can ensure your business is and remains HR compliant!