Lawyer Monthly Magazine -December 2019 Edition

potentially a companion. In other cases, and more commonly, a formal grievance investigation process should be undertaken. All complaints of discrimination should be taken seriously and should not be pre-judged, even if you doubt the motives of the employee raising them. What goes wrong for the above to eventually proceed to employment tribunal? Often the aggrieved employee does not feel as though their complaints have been taken seriously and/ or the proposed resolution is insufficient. In many cases, the employer may find that there has been no discrimination but may fail to explain that adequately to the aggrieved employee. This doesn’t give them the closure that they need to move forwards. In some cases, the employer may find that there has been discrimination but may fail to take appropriate steps to are unsure, you should obtain advice. In some cases, complaints about discrimination can be resolved informally with a meeting between HR and/or an independent sufficiently senior manager, the aggrieved employee and What should be the first call of action for businesses, especially start-ups, when they have a discrimination case against them? Seek advice. Discrimination cases can be complex, time consuming, expensive and reputationally damaging. Obtaining initial advice at the very start will make a big difference to the end result. How would you advise businesses to deal with complaints about discrimination? As well as taking advice, check your grievance and/or equal opportunities policies/ procedures and ensure you follow the steps set out within them carefully. If you do not have these policies/ procedures, you should ask a Solicitor or HR professional to draft them for you. These policies should comply with the relevant ACAS Code of Practice – if they don’t, or you When handling discrimination cases, businesses must approach them with care; after all, any claim could be serious and failing to take the appropriate steps can lead the business into legal proceedings. We learn more about this when speaking to Chris McAvoy Newns. 80 WWW.LAWYER-MONTHLY.COM | DEC 2019 Ask the Lawyer By Chris McAvoy Newns, People Legal “In many cases, the employer may find that there has been no discrimination but may fail to explain that adequately to the aggrieved employee.” DEALING WITH DISCRIMINATION: HOW SHOULD BUSINESSES HANDLE IT?