It is reported that hospitality (and leisure) businesses face higher tribunal claims – 12% higher than other sectors. The most common claim relates to harassment in relation to a protected characteristic.
Under the Equality Act 2010, people are protected against discrimination at work. Discrimination means treating someone less favourably than someone else because of a protected characteristic:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
The protection applies to anyone working for the employer, including: employees, contractors, self employed, job applicants and former workers.
There are a number of discrimination types including: direct discrimination, indirect discrimination, harassment, and victimisation.
What can businesses do to prevent discrimination?
Whilst employers can not control whether their employees will make a claim at a tribunal, they can prevent the breakdown in relationship by following key procedures, and in particular the grievance procedure.
Grievance procedure
Where the employee has a concern, in the first instance, they can raise a complaint informally and so that the employer can find a resolution early. If the employee is not satisfied with the informal outcome then they can raise a formal grievance. Normally raising the concern early and informally resolves the issue, however in some instances this may not be sufficient.
The employee can raise the complaint formally and in writing setting out their grievance. The employers should:
- Respond to the employee without unreasonable delay, and set up a meeting to handle the complaint
- Investigate the matter to establish what has happened
- Provide an outcome in writing
- Give the employee raising the grievance the right to appeal the outcome
Having a robust grievance procedure in place is vital, to communicate how the employer will respond to the complaint. It is important that the employer has training people to investigate the complaint, and train line managers on how to effectively process the grievance.
Displaying a company culture that manages disputes in the workplace in a professional and fair manner, with managers and HR picking up complaints early can prevent/reduce disputes escalating into a tribunal claim.
To discuss any of the processes or legislation within this article, please reach out to our team of HR Consultants and Employment Lawyers on 0345 646 0406 or fill in our online enquiry form for guidance.