Most of us know that businesses are vicariously liable for any discriminatory acts during an employee’s employment.

However, did you know that an employee can also make a claim against an individual employee directly if they name them as a respondent in the claim?

A recent high-profile case that has showcased just that is the aftermath of the resignation of former Chelsea Football club doctor, Eva Carneiro. On top of her existing constructive dismissal claim against her employer, it seems an additional sex discrimination claim against Jose Mourinho himself will also be added.

Why would an employee do this to you?

  • If the named employee is also accused of discrimination or harassment and the claim is successful, then they are also liable for any compensation awarded. If the employer is a small business that may well go bankrupt through a claim, then the claimant can still receive compensation from the named individual.

How can you protect yourself?

  • ‘All Reasonable Steps’– An employer facing a claim based on the grounds that it is liable for the acts of its employee can avoid liability if the business can prove that it had taken “all reasonable steps” to prevent the discrimination or harassment from taking place. This includes things like strong policies and training.
  • However, if the claimant has named another employee as a respondent in the proceedings, then they will still be liable and the claim could still result in compensation.

Surely then all you need is a few decent policies written down somewhere? Wrong! The ‘all reasonable steps’ defence is only as good as the actual implementation of said steps. In other words, just having a strong policy is not enough. You also need to enforce them.

  • Implement regular training – it is important that your managers are well trained in how to deal with difficult situations to avoid claims in the first place
  • Take action when a policy is breached
  • Keep an up to date record of training

To avoid a claim happening altogether, your best bet is having robust policies as well as trained managers who can deal with people, difficult situations and can also enforce those policies.

Read our case study on Management Training

We recently performed some management training here at Reality HR HQ. It went so well that we will be doing it again this year and you can follow us on Twitter to keep an eye out for our post with a booking form and enquiry form.

If you think management training could be the answer to saving your business from the dangers of tribunals, then give us a call on 01256 328 428 or fill out the form below to arrange a callback

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