Employers Must Take Proactive Steps to Prevent Harassment in the Workplace
A recent Employment Tribunal case has reinforced the importance of employers taking strong action to prevent harassment and discrimination in the workplace. In the case of Mr Sean McGhie v RHT Scotland Ltd, the Tribunal ruled in favor of Mr. McGhie, an openly gay employee, who claimed he was subjected to harassment and victimisation by his supervisor and a colleague. As a result, he was awarded £5,500 in compensation for injury to feelings. The decision highlighted the harmful impact of derogatory remarks and discriminatory language, and it underscored the need for employers to foster inclusive and respectful environments.
The Equality Act 2010 explicitly protects individuals from discrimination based on their sexual orientation. This means that employers have a legal obligation to ensure that all employees are treated fairly and without prejudice. However, the Tribunal found that RHT Scotland Ltd failed to take adequate steps to prevent such behaviour, leaving Mr. McGhie vulnerable to mistreatment.
In addition to existing laws, employers should also be aware of upcoming changes to employment legislation. The proposed Employment Rights Bill will require employers to take “all reasonable steps” to prevent harassment, rather than just “reasonable steps.” Although these changes are not expected to come into effect until 2026, employers should begin preparing now to meet these heightened legal obligations.
To create a respectful and inclusive workplace, employers must adopt proactive measures to address harassment and victimisation. Here are five key actions that can help:
Establish Comprehensive Policies and Procedures
Employers should develop clear policies that define what constitutes harassment and victimisation. These policies should outline procedures for reporting incidents and specify disciplinary actions for violations. It is essential that these policies are communicated effectively to all staff and consistently enforced across the organisation.
Deliver Regular and Effective Training
Ongoing training is crucial to helping employees understand and respond to harassment. Training should focus on recognising microaggressions and discriminatory language, while also reinforcing the importance of inclusivity. Managers should receive specific training to ensure they can handle complaints appropriately and support affected employees.
Strengthen Reporting Mechanisms
Employers should establish confidential and accessible reporting systems that allow employees to safely report any unwanted conduct. These mechanisms should be trustworthy and easy to use, ensuring that incidents are addressed promptly and effectively.
Take Immediate and Appropriate Action
When instances of harassment or inappropriate behaviour occur, employers must investigate them thoroughly and take swift action. Failure to do so can lead to serious legal consequences, including claims before the Employment Tribunal.
Provide Support for Affected Employees
Employers should offer resources such as counselling services to employees and colleagues impacted by harassment. Creating a supportive environment is essential for maintaining employee well-being and fostering long-term retention.
This case serves as a powerful reminder that discriminatory language and exclusionary workplace “banter” are not only unacceptable but also unlawful. Employers must adopt a zero-tolerance approach to harassment and victimisation, not only to meet legal requirements but also to build a diverse and inclusive workplace culture. By implementing these measures, organisations can create a safer and more respectful environment for all employees.
