Handling a discrimination complaint properly is crucial. A mishandled complaint can lead to employment tribunal claims, reputational damage, and significant financial penalties. Here's the correct approach for UK employers.
Step 1: Take the Complaint Seriously
Every complaint must be treated with respect and confidentiality. Never dismiss a complaint or suggest the employee is being oversensitive. Acknowledge it promptly and explain the process that will follow.
Step 2: Follow Your Grievance Procedure
Handle the complaint through your formal grievance procedure, which should align with the ACAS Code of Practice. This means:
- Allow the employee to set out their complaint in writing
- Hold a formal meeting without unreasonable delay
- Allow the employee to be accompanied by a colleague or trade union rep
- Investigate the allegations thoroughly and impartially
Step 3: Conduct a Thorough Investigation
Appoint an impartial investigator (ideally someone not involved in the events). Interview witnesses, gather evidence, and document everything. The investigation should be proportionate to the severity of the allegations.
Step 4: Take Appropriate Action
Based on the investigation findings, take proportionate action. This could range from mediation and training to disciplinary action against the person accused, including dismissal for serious cases like harassment.
Step 5: Offer a Right of Appeal
Both parties should have the right to appeal the outcome. Ensure the appeal is heard by someone who wasn't involved in the original decision.
Our discrimination claims team can guide you through every step. Contact us for immediate support.