Whilst we anticipated a shift towards more subjective claim types following the introduction of the EL/PL Portal, we are only now starting to see more such claims being presented in the retail environment; a workplace which often employs a younger workforce and relatively high number of temporary workers, particularly around peak seasons.
Vicarious liability means that, as a retailer, you will automatically be liable for bullying and harassment caused by your employees if it is proven to have occurred. The focus for employers should therefore be to reduce the risk of such conduct in the workplace, whether it be on the shop floor or in non-customer areas.
Retailers should promote an environment in which everyone feels comfortable to work, and here we detail five key areas which can help achieve this and, in turn, reduce the number of claims arising from bullying/harassment.
Put simply bullying is unwelcome and unwarranted behaviour which has a detrimental effect on the complainant.
Examples are:
Harassment is defined in the Equality Act 2010 as unwanted conduct relating to relevant protected characteristics, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.
Examples of protected characteristics are:
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