WORKPLACE ABUSE - HOW TO MANAGE THE RISK

The Skills and Employment Survey 2024 conducted by academics from Cardiff University, UCL, Nuffield College, Oxford, and the University of Surrey, has found that just over 14% of UK employees have experienced workplace abuse. Those providing services in the healthcare and education sectors are most at risk; women, night workers and LGBTQ+ workers are identified as being the most vulnerable.

The Survey identified that the abuse included bullying, violence and sexual harassment. This is despite employers having a duty of care to their employees to provide a safe, protective and suitable work environment; this requires employers to take reasonable steps to protect employees from unacceptable behaviour.

The statistics published in the Survey do not make good reading; one out of seven employees are affected. This is indicative of some businesses not hitting the mark when it comes to making it clear what is acceptable behaviour in the workplace. Promoting good behaviour in the workplace not only protects employees from abuse but also minimises the possibility of costly legal claims and reputational damage.

It makes sense for businesses to get it right as they can be held responsible for the actions of their employees carried out in the course of their employment, which can include all the types of abuse cited above.  The cost can be significant for employers if there is a complaint.

Physical or mental injury could result in a personal injury claim but prevention of these types of claims is preferable to relying on an insurance policy to resolve a complaint.

Alternatively, an affected employee may choose to bring a claim in the Employment Tribunal, which may include a discrimination or harassment complaint:

• The cost of injury to feeling awards for these types of complaint, if successful, has increased this year. For example, the top rate which can be awarded in exceptional cases under the Vento Bands has increased from £58,700 to £60,700.

  
  

• The new duty to prevent sexual harassment at work can involve a 25% uplift to compensation, in cases the employer failed to take reasonable steps to prevent the harassment.

It may also be open to the affected employee to resign and claim constructive unfair dismissal. The cap on the unfair dismissal compensatory award has also risen to £118,223 from £115,115, although this is capped at 52 weeks' gross pay, if lower.

How can employers hit the mark?

Employers already hitting the mark will have incorporated into their daily operations the following:

• A formal communication to the entire workforce that there is a zero tolerance approach to abuse in the workplace.  

  
  

• A risk assessment to identify the potential sources of abuse to inform the level of control measures that must be introduced.

  
  

• Effective policies and procedures to manage the legal issues. As a minimum the following are recommended and must be communicated to employees:

• Sexual Harassment Policy.

• Grievance Procedure

• Disciplinary Procedure.

• Codes of Conduct.

• Anti-Harassment and Bullying Policy.

• Whistleblowing Policy.

• Diversity, Equity and Inclusion Policy.

• A training programme for employees and managers. Employees need to know what is expected of them and how they can raise concerns. Managers need be able to spot the signs of abuse and know how to resolve concerns and complaints.

  
  

• A clear reporting system where by  employees feel comfortable enough to come forward and report any instances of abuse being suffered both directly as a victim, or observed indirectly as a bystander. For this to happen, employees must be confident that any concerns will be treated in confidence and dealt with.

  
  

• A mechanism to monitor whether the approach adopted by the business  is working and for taking remedial action when it is clear the focus needs to change. Employers who want to limit any legal risk will benefit from being proactive.

So, how can FG Solicitors help your business?  

Many employer strive to get it right but recognise that to ensure legal compliance they need some external support.

At FG Solicitors, we have collaborated with many employers to help create a positive workplace culture by sending a message that abuse is not tolerated and creating initiatives which foster respect and inclusivity. This has been achieved by our clients taking advantage of our full auditing and remedial works service, our training programme or document review service.  

Our Employment Law Experts are on hand to assist your business to hit the mark when it comes to addressing the issue of abuse in the workplace.    

Contact FG Solicitors today on 0808 172 93 22 or complete our quick contact form for a no obligation discussion!

Welcome to a more confident future!

Don’t miss our latest updates! Follow us on LinkedIn.

Click here to explore our commercial, corporate, employment and commercial property legal services that could benefit your business. 

This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.