Did you know?… The findings of a recent Parliamentary Committee enquiry highlighted that some employers are still failing to investigate harassment complaints, despite the prolific number of #metoo campaigns and the high-profile cases in the news.

Some employers are failing when investigating harassment complaints. They claim to have policies that promote diversity, then fail when it comes to investigating, which can have serious consequences for the Company.

We understand that investigating a complaint for an SME can be time-consuming and you may not know where to start, whom to interview first, what you can and should not say, this all couple with a fear of making things worse may make you want to run for the hills or immerse yourself in operational priorities.

But you simply cannot ignore it.

Failure to investigate a complaint can have far reaching and very serious consequences.  

We want to remind SME employers of the potential negative outcomes, while at the same time highlighting the best practice for handling an investigation.

A report published by the EU Commission in 1992 detailing what steps should be taken for the protection of the dignity of women and men at work advising where harassment is alleged, highlighted that an independent and objective investigation must take place.

Failure to investigate properly and impartially can have legal repercussions.

Legal implications

The Acas statutory Code of Practice – Disciplinary and Grievance procedures, requires that when a grievance is raised employers should arrange for a formal meeting to be held without unreasonable delay and that consideration should be given to any further investigation that may be necessary.

A harassment complaint, by the very nature of the complaint will require further investigation and a failure to follow the Code without good reason can result in a 25 percent uplift to compensation if the case reaches tribunal.

A failure to investigate a grievance can also have further damaging financial consequences. For example, the lack of an investigation opens the door to a claim that the complainant has been subjected to further detriment because of the employer’s failure to review and investigate the employee’s allegations. In addition, it could lead to an increase in an award for injury to feelings because the failure to act has made the situation worse.

Clear Policy

As an SME employer you should have a clear policy outlining the procedure that should be followed by employees who believe they have been harassed and to whom they should complain, confirming that that allegations will be investigated and dealt with seriously, speedily and in confidence.

As a small business, this is often difficult to achieve. A small team, open plan office and a lack of knowledge in how to deal with these issues can make the investigation tricky. We understand that. The need for the investigation to be independent and objective is imperative.

Our advice, is to engage an HR expert early on to manage the process for you.

Why?

They can maintain confidentiality; meetings can be held offsite. 

They will be chaired by someone who is objective, sensitive and impartial. A professional who is trained and experienced in dealing with such matters.

It is really important that the employee and the alleged harasser both have the opportunity to present their evidence during an internal investigation. An HR Professional is more likely to remain impartial and objective.

Adhere to time-frames

Every effort should be made to resolve complaints quickly, it can be detrimental to a small business to have an unresolved complaint – grievances should be handled promptly and the procedure should set a time limit within which complaints will be processed. But the impact on a small business can be HUGE when there is a harassment situation, stress and anxiety can be alleviated for all concerned by acting quickly and holding timely investigations.

Confidentiality – containment of information

It may be necessary to interview witnesses; the importance of confidentiality will be maintained and information contained by using an external HR Consultant.

It is not that you don’t trust your staff members to interview and take notes. It is more that once these allegations have been heard they may taint the way your team works together. Having the team know all the details is often the sure-fire way to destroy the collaborative team and company culture you have worked so hard to develop.

Many SME hold the perception that it is expensive and unnecessary to use an external HR Consultant… listed below are a few reasons why you can’t afford to not use this service.

Process:

HR Consultants have the time to implement your processes and will ensure that if there is no process in place, that they follow the statutory ACAS guidelines. Once things have settled down, they can help you put a process in place to ensure that these issues do not happen again.

Meeting notes:

Succinct meeting notes that accurately record the output from the investigation, can be time consuming, these need to be accurate. A complete record of all meetings and investigations must be made and retained.

Independent investigations:

The need for the investigation to be independent is of paramount importance as it must not only be fair but be seen to be fair. This means that the person carrying out the investigation must be independent so there can be no accusations of bias.

This can be nigh on impossible to achieve in a small business where everyone works so closely together. An external HR Consultant can attend the meetings and then disappears back to their offices… no awkwardness when back in the office environment, or embarrassment at the coffee machine!

Appointing an HR Consultant to investigate may involve extra cost, but it is scrupulously fair. 

The case for conducting independent investigations using an external HR Consultant into harassment complaints and other investigations as required is clear. No SME that truly embraces diversity can afford to be accused of cover ups and the legal consequences of failing to investigate can be very expensive.

Using an HR Consultant who understands best practice principles when conducting investigations provides a framework which benefits all the parties involved, protecting confidentiality and ensuring there can be no allegations of ‘ignoring’ the issues ‘sweeping it under the carpet’.

If you have a need for an externally facilitated investigation, we are happy to help and advise you on how to proceed. Don’t delay though – time is of the essence.

Let us help you get your business back on track and enable you to as the SME business owner to focus on what you do best, running your business.

We work through various law firms conducting these investigations for their SME clients and have many years of resolving work place conflict for our clients. Please call us on 0118 324 2526 or call our Managing Director, Rebecca on her mobile 07968 787182 for a confidential no obligation discussion. We are here to help.