Complaints Procedure

1. In the event that any employee feels that (s)he has suffered discrimination in any way, the company's Grievance Procedure should be utilised.

2. If the complaint is against the employee's own immediate or other superior, confidential application should be made to [name/ position], who may authorise immediate reference to the next tier of management if this seems appropriate in the circumstances.

3. In instances of sexual harassment, as far as possible, the anonymity of the complainant should be protected.

4. Any employee who discriminates, bullies or harasses another, may be liable for payment of damages to that person, in addition to any damages payable by [the company] should it have failed to ensure the practice ceased forthwith.

Note Under the Criminal Justice Act 1994, a criminal offence of harassment was created. This could mean employees who harass or bully could be fined (maximum £5,000) and/or imprisoned (for up to 6 months). These sanctions were considerably increased by the Protection from Harassment Act which applies to the workplace, as well as elsewhere.

5. To make a complaint of discrimination, harassment, victimisation, on unfair treatment, it will be necessary to have available:

- details of what, when and where the occurrence took place;

- any witness statements or names;

- names of any others who have been treated in a similar way;

- details of any former complaint made about the incident, date, where and to whom made; and

- a preference for a solution to the incident.

Until a hearing is arranged, complainants should keep the matter confidential, other possibly than arranging for details of witnesses to be given to the [company contact].

Discrimination can be alleged by a person with no direct relationship with the Organisation, for example a job applicant. Recruitment, selection and interviewing criteria must be examined to ensure fairness. All applications should be recorded, that reasons for selection (and, more importantly, rejection) are shown and that a senior person should regularly monitor records to try to ensure appointments are made on the basis of skill, experience and suitability.

Such a policy seeks to make it a term of employment that employees (as well as the employer) may not discriminate. As such, infringements can be dealt with under the disciplinary procedure. The Employment Appeal Tribunal has suggested that to avoid negating the preservation of anonymity during tribunal hearings regarding sexual harassment, employers should consider protecting such anonymity during internal hearings. The fact that employees can become personally liable to pay compensation should they discriminate, harass or bully, should be made clear to the workforce, as this may assist the prevention of these offences.