Workplace harassment: A duty of care

It is important for employers to understand what constitutes harassment at work, how best to prevent it and how best to deal with it, should a complaint be made.

An employer is responsible for the acts of all employees, and has a duty of care while they are at work.

Employers may be held liable for the conduct of employees, including conduct which occurs outside ordinary working hours such as at work-related events such as a works party.

An employer will not be liable for harassment by one of its employees if it shows that it took all reasonable steps to prevent this from happening.

• a non-exhaustive list of unacceptable behaviours
• prevention measures
• reporting channels
• investigation and disciplinary procedures

To instil and retain employees’ confidence and trust, it is imperative that employers take all complaints seriously, conducting full and impartial investigations into any allegations. If an employer concludes that harassment has taken place, it must ensure that the disciplinary action taken against the perpetrator is reasonable and proportionate to the circumstances.