Employers First-Help for Employers-Discrimination Examples

We know from experience that this is just the tip of the iceberg. Many more claims than those formally recorded by the tribunals are made and settled out of court. And the payouts are getting higher and higher.

According to the Anti-Discrimination Board, up to one in five employees is likely to claim they have been harassed in some way and they're keen to bring perpetrators to justice.

In both discrimination and harassment claims, the fact that you did not intend to discriminate, or were unaware of an employee's harassment of another employee, is no defense. Unless you have taken "all reasonable steps" to prevent discrimination and harassment you will remain liable.

And employers can be liable for the actions of their employees, even if they have no knowledge of what the employee has been saying or doing, and have policies in place to try to prevent discrimination.

Even in situations where employers have zero tolerance policies on harassment and discrimination which have been clearly explained and made known to employees as part of their contract of employment, employers still face the prospect of defending an unfair dismissal claim:

An employee was dismissed for sexually harassing a fellow employee at a training course. The incident involved the employee repeatedly banging on a fellow employee's hotel room throughout the night and shouting obscenities. The employee had previously been given a warning for threatening and offensive behaviour and was dismissed for serious misconduct. He claimed unfair dismissal and the Commissioner agreed that his dismissal was harsh, unjust and unreasonable. The Commissioner said that he was not guilty of sexual harassment because the words he used were ones of general abuse and therefore did not have any particular sexual connotation. The Commissioner ordered the employee be given his job back, despite evidence from the employee who had suffered the abuse that she would feel unsafe, with reimbursement for all lost income.

It is impossible for employers to deal with these issues without expert help as the legislation has been drafted to leave employers exposed to unforeseen problems.

For example, there is something called "indirect discrimination" This means having workplace practices which appear to affect everyone equally but may have the effect of discriminating against some.

Similarly, employers are expected to meet their occupational health and safety legislation obligations without breeching anti-discrimination legislation. There have been a number of cases where employers considered an employee's medical condition exposed the employee and others to safety risk, but the courts decided that the employer had discriminated against the employee. Employers have also been found guilty of discrimination against employees with family responsibilities when they have not accommodated employee requests for altered work hours or conditions because of child care needs.

New legislation has also been introduced to prevent bullying at work. This can include anything from being ignored at work to not getting on with the supervisor and is a real minefield for employers.

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