As an employer, complaints about discrimination and harassment can result in significant legal, reputational and financial risks for your business. It’s important to take action as soon as you can.
Specialist legal advice can help you manage complaints appropriately, comply with the law, and retain the trust of your employees. Our experienced team of business employment solicitors advise all types and sizes of companies, helping them reduce the risk of tribunal proceedings.
Whether you’re responding to a complaint or conducting an investigation, we aim to offer robust and practical workplace discrimination and harassment advice to employers in the UK.
Is Your Business Facing a Workplace Discrimination Accusation? Contact Us Today
If you are an employer facing issues regarding discrimination in the workplace, seeking early legal advice can make a significant difference. Our team can help you:
- Identify discrimination or harassment
- Prevent future cases at your workplace
- Gather evidence and build your case
- Resolve issues quickly and effectively
Speak to an experienced lawyer today for clear and confidential advice tailored to employers.
Employer Responsibilities Under the Equality Act 2010
As an employer, you have a legal duty to provide a working environment free from unlawful discrimination and harassment.
The Equality Act 2010 protects employees from discrimination or being treated differently in the workplace based on certain “protected characteristics”, including:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
As well as the above characteristics, it is unlawful to treat employees differently based upon their employment status. In other words, employers cannot treat part-time and/or contract workers differently from full-time workers.
Employers should have appropriate policies, procedures, and training in place to help prevent discrimination from occurring and to deal with complaints effectively if concerns are raised.
Taking proactive steps not only helps create a positive workplace culture but can also reduce legal risks should a claim arise.
Managing Workplace Harassment Complaints
Harassment happens when unwanted conduct related to a protected characteristic creates an intimidating, hostile, degrading, humiliating, or offensive working environment.
Complaints can arise from:
- Workplace conversations or conduct
- Email or messaging platforms
- Social media activity connected to work
- Work-related events and functions
When allegations of harassment in the workplace are made, businesses and employers should respond promptly and investigate the matter thoroughly and objectively.
Failing to deal with employee harassment complaints appropriately can increase the risk of tribunal claims and potential liability for the employer.
Vicarious Liability and Employer Risk
Employers can be held legally responsible for discriminatory acts carried out by employees during the course of their employment. This is known as vicarious liability.
Importantly, liability can extend beyond the physical workplace and may include:
- Work-related social events
- Business travel
- Online communications between colleagues
- Conduct on work messaging platforms
However, employers may have a defence if they can demonstrate that they took all reasonable steps to prevent discrimination and harassment from happening at their workplace.
This often includes:
- Up-to-date equality and anti-harassment policies
- Regular staff training
- Clear reporting procedures
- Prompt investigation of complaints
Our experienced lawyers can help you review your current policies to be in line with the law, alongside recommending steps to help your business avoid future problems or claims.
Related Employment Service
How Our Employment Solicitors Can Help
Our employment solicitors advise employers on both preventing and responding to discrimination and harassment issues.
We can:
- Advise on Equality Act compliance
- Review workplace policies and procedures
- Assist with internal investigations
- Support grievance and disciplinary processes
- Defend discrimination and harassment claims
- Represent employers in Employment Tribunal proceedings
- Provide training and risk-management advice
Our aim is to help employers resolve issues efficiently while protecting the interests and reputation of their business.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation – experience of representing employers
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
Contact Our Solicitors Today
Related Discrimination and Harassment FAQs
What should an employer do if a discrimination complaint is made?
If a discrimination complaint is made, an employer should act promptly, investigate the allegations fairly and objectively, and follow its internal grievance procedures. Taking complaints seriously, gathering evidence, and seeking legal advice where appropriate can help ensure a fair outcome and reduce the risk of an employment tribunal claim.
Can an employer be liable for an employee’s actions?
Yes. Under the Equality Act 2010, an employer can be held legally responsible for discriminatory or harassing behaviour carried out by an employee during the course of their employment. This can apply even if management was unaware of the behaviour at the time, unless the employer can show that it took reasonable steps to prevent it.
What is vicarious liability?
Vicarious liability is a legal principle that allows an employer to be held responsible for the actions of its employees when those actions occur in connection with their employment. In workplace discrimination cases, this means an employer may be liable for discriminatory conduct, harassment, or victimisation carried out by staff members, even if senior management was not directly involved.
What are the consequences of workplace discrimination claims?
Workplace discrimination claims can result in significant financial, legal, and reputational consequences for employers. Successful claims may lead to compensation awards, legal costs, management time being diverted from the business, damage to employee morale, and negative publicity that affects recruitment, retention, and customer confidence.
