HARRASSMENT – PREVENTING A CLAIM

by | Sep 22, 2017

The limitation period for a claim under the Protection from Harassment Act (PHA 1997) is six years. This means that even if an employee has left your business, they can still bring a claim of harassment to a tribunal for up to six years.

Normally, under the Equality Act 2010, employers can escape being held vicariously liable for harassment of their employees, if they can demonstrate that they took reasonably practical steps to prevent it happening. However, no such defence exists under the PHA 1997.

Things to think about:

1)Do you have an up to date Grievance, Disciplinary and Harassment Policy and Procedure and have they been communicated to staff?

2)Are your managers aware of your internal policies and procedures? 

3)Have your managers received training in dealing with issues?

4)Do you have a designated person to deal with disputes / grievance/ disciplinary issues?

5)Do you have a person who has their ear on the ground ensuring that there is no unwanted behaviour among staff?

6)Do you regularly manage performance in the business? 

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