In recent months there has been a steady flow of allegations concerning the popular BBC prime time show Strictly Come Dancing. New claims are emerging almost daily about sexism, bullying, harassment and a general toxic culture from both former celebrity participants and production staff. Additionally, the BBC is facing allegations that it has not properly dealt with the complaints.
Whilst complaints of this magnitude are relatively rare, the BBC is not the first employer to find themselves facing very public allegations of misconduct (last year McDonalds was in a similar position which you can read about here).
So what can employers do to avoid becoming the next newspaper headline?
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Policies and procedures
Prevention is always the best option. Whilst employers are only required to have written procedures for dealing with grievances and disciplinaries, policies which deal with equal opportunities; bullying and harassment; and whistleblowing can ensure that employees are aware of the standards expected and what to do when they have concerns. Policies can also assist in providing a defence if a claim is made against you.
Whenever a complaint is raised, you should refer to the procedure for the steps to follow and ensure that the relevant policy is complied with.
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Training
Employers can be (and usually are) liable for acts of discrimination and/or harassment committed by their employees. Employers have a defence to this type of claim if they can show that they have taken all reasonable steps to prevent the discrimination or harassment. Usually, that will involve as a minimum putting in place the correct policies and procedures and regular and effective training for employees about equality, discrimination and harassment issues.
Ensuring that those tasked with dealing with complaints are adequately trained will also help avoid common pitfalls when dealing with grievances.
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Watch out for AI
Increasingly we are seeing employees making use of AI tools to draft grievances and complaints. Whilst this does not change the substance of the complaint or how employers should deal with it, frequently when AI is utilised the complaint contains technical and legalistic language which can be daunting for employers. It is important to look beyond the language used to understand the substance of the complaint and to avoid a combative response.
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Prompt investigation
A common complaint against employers is that there has been delay. When a complaint is received you should acknowledge this and start the investigation as quickly as possible. Balancing a thorough and well-planned investigation with the need for prompt action can be challenging. It is important not to rush the process and to ensure that all the relevant evidence is considered.
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Document the process
Maintaining records of the investigation is crucial. These should include witness statements, the investigation report, relevant evidence (which might include WhatsApps, emails, social media posts etc) as well as minutes of the grievance meetings.
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Outcome
After the complaint has been considered a decision must be made about the appropriate outcome. Although the complainant should be asked at the outset what resolution they are seeking, in practice achieving a satisfactory outcome for all parties can be challenging. Depending on the nature of the complaint, workplace mediation may be an option, but this requires the consent of all parties.
When further action (such as disciplinary action) is required, balancing the need to inform the complainant of the outcome whilst maintaining confidentiality can leave the complainant feeling dissatisfied.
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Communication
Keeping the parties informed of what steps are being taken can help avoid later disputes particularly where there are delays. It is also important to ensure that the reasons for decisions are communicated. Not only does this assist an employee in understanding the logic behind a decision (especially if they do not agree with it), it will also serve as useful contemporaneous record if the decision is challenged. This is particularly important given Tribunal hearings can take place months or even years later.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.