Case History

Significant experience in a diverse range of workplace issues:

Equality & Diversity
Performance Management
Change Programmes
Grievance Investigation & Resolution
Governance / Conduct Investigations
Whistleblowing

Simple Workplace Dispute...

...or something more?

Samantha assisted an individual who raised concerns regarding to comments, attitudes and behaviour by their line manager.

Initially portrayed as a "difference of opinion" and "clash of personalities".

Samantha identified that the individual who raised concerns was the only part-time worker under the supervision of that manager.

Following investigation, Samantha highlighted that the behaviour appeared to be motivated by sexist attitudes and amounted to bullying by the manager.

The manager voluntarily left the organisation ahead of any misconduct proceedings.

On a positive note, the investigation resulted in some departmental reorganisation within the department where the behaviours had occurred and a review of flexible working practices.

This apparently simple case demonstrates that without proper oversight, serious discriminatory behaviour can continue under the guise of "a clash of personalities."

Footnote: Prima Facie this was a case that did not appear to engage any protected characteristics (as defined by the Equality Act 2010). Only by considering all of the evidence was potential sex discrimination identified.

Equality - Conduct - Cultural change

Discrimination...

... or a proportionate means of achieving a legitimate aim

Not ALL discrimination will be unjustified.

Samantha was contacted by a member of staff with a disability. The fact that the staff member was disabled was not in dispute. They wanted to commence a grievance and consideration for an employment tribunal for indirect disability discrimination.

The individual felt that they were not being afforded the same opportunity as their peers who were not disabled.

Whilst it was accepted that the individual was undoubtedly treated differently from their colleagues, it was to protect the health and safety of the individual, and would likely be considered as a proportionate action for the employer to have taken to achieve a legitimate aim.

Footnote: The Equality Act says discrimination can be justified if the person who's discriminating can show it is a proportionate means of achieving a legitimate aim. Therefore it is always important to manage expectations. A good understanding of employment law and keeping up to date with case law, assisted Samantha to manage expectations on this occasion.

Disability - Discrimination - Caselaw

MORE THAN INVESTIGATIONS

Changing structure does not change culture

POLICY & PROCEDURES

Having fit for purpose policies ensures that the organisation is consistent in decision making. Samantha has been instrumental in creating policy that has been adopted as best practice. Any organisational policy needs, give Samantha a shout.

MEDIATION

The sooner workplace disputes can be resolved the better for all parties. Samantha has undertaken many mediation sessions and has the people skills to resolve situations pragmatically. Get in touch for more details.

CHANGE MANAGEMENT

Samantha has implemented large scale change, structurally and culturally. She is happy to assist in any change management programmes.

EQUALITY IMPACT ASSESSMENTS

Thorough Equality Impact Assessments will often safeguard the organisation from litigation. Samantha has done many EIA's. For any advice or guidance contact Samantha.