Tribunals and Tribulations
There's no 'ask the audience' but, as Alison Norris of mhl Support says, you can always phone a friend.
How do I deal with an unlawful discrimination claim?
Step One: Get your policies together: Equal Opportunities, Diversity and Harassment & Bullying. Your Disciplinary policy will help too, as it will list discrimination as 'gross misconduct'. Then, dig out your induction records (as proof that all employees were made aware of these policies on commencement), and your appraisal records (which will show that employees are reminded of their obligations under these policies annually). Collectively, this documentation helps demonstrate that you're a fair employer with sound policies who won't tolerate workplace discrimination.
Step Two: Collate your training records relating to the Equal Opportunities and Diversity workshops held for managers and employees, plus details of the refresher training you hold every six months (Delegate lists and copies of slides and handouts will do it). This is proof that you've made positive and consistent efforts to prevent discrimination.
If any of this is lacking, start writing and cascading good policies, planning workshops, revising induction processes and amending appraisal documentation. Now! These policies are not legal obligations, but life's a lot simpler with them, than without them. That's because, in a Tribunal, the employee just has to show that the act of discrimination might have happened. Then, the onus is on you to prove it didn't happen: you're safe only if you can show that you did all that was 'reasonable practicable' to prevent the act happening.
Step Three and most important: - 'phone a friend'! You’re still going to need expert support and assistance, as discrimination legislation is hellishly complex and Tribunal awards in respect of discrimination claims are uncapped… (Last year, claims paid out an average of £32,115 and the highest award was an eye-watering £1,353,432!) Remember, when push comes to shove, you can call mhl Support 24/7.
*Alison Norris is Head of mhl Support’s Employment Law Consultancy Team. She can be reached on 08453 100 999 www.mhlsupport.com
