Employers failing to review how they protect staff from bullying and harassment could now risk jail terms, warns law firm Irwin Mitchell.
The news follows a landmark ruling in which a managing director was sentenced to 18 months for racially aggravated harassment, despite not taking part in illegal acts himself.
Damien Gaunt, Managing Director of Bruce Transport Services, Sheffield, was imprisoned after turning a blind eye to a campaign of abuse by three of his staff against a black colleague. This included tying the victim to a moving forklift truck, wrapping him in clingfilm and stabbing him with a chisel. The judge said the men’s activities left their victim a “psychological cripple”.
Simon Coates, national Head of Employment Law at Irwin Mitchell, said: “The court was told the managing director was a very decent and hard-working family man whose wife was expecting their first child imminently but the judge felt this was no excuse for inaction against racism.”
Mr Coates said it was imperative employers now considered how they should protect their staff from bullying and harassment at work. One of their first steps should be framing a formal policy.
Mr Coates continued, “By sentencing the managing director to prison, the judge significantly extended directors’ duty of care to staff in the workplace. As a result, senior staff should no longer feel protected by the corporate veil and are now highly vulnerable for the actions of their workforce.”
Simon Coates says that such changes don’t have to be over-elaborate, especially for smaller firms, and might be part of other personnel policies. They may include:
- A statement of commitment from senior management
- Acknowledgement that bullying and harassment could be problems for the organisation and will not be tolerated
- Examples of unacceptable behaviour which may be treated as disciplinary offences
- The steps the organisation takes to prevent such behaviour
- The responsibilities of supervisors and managers
- An assurance of confidentiality for anyone making a complaint
- An outline of the grievance procedure, how complaints will be investigated, timescales and disciplinary procedures
- Counselling and support available
- Training for managers
- Protection from victimisation.
