Charlotte McBride, Associate Solicitor at niche employment firm Collingwood Legal considers how the global discussion about Meghan Markle's claims in her tell-all Oprah interview and the investigations Buckingham Palace announced shortly afterwards, act as a timely reminder of the need to handle workplace issues involving discrimination, bullying and mental health seriously and sensitively.
In her now infamous interview, the Duchess made allegations against senior royals and aides of bullying and institutional racism which she said, in part, drove her to contemplate suicide. Regardless of the form or framework the Palace’s investigations take – and we now know one has been outsourced to a law firm – key principles the employers amongst you should keep in mind when dealing with issues of this kind include: Listening… Recipients of discriminatory behaviour will, understandably, feel aggrieved and may feel unsupported. Just as those who suffer from poor mental health may also feel alone in their suffering. Actively listening to concerns that are raised can in itself help to avoid matters escalating and present possible solutions. There’s a reason people say: “a problem shared, is a problem halved” – knowing someone has heard and will act is an important first step to take. …without judgment Don’t presume to know how a person does or does not feel. Don’t insert your own reaction for the person’s actual reaction to bullying or discrimination, it is a genuine response to that individual’s perception of the behaviour. Each person’s experience of mental health illness is unique, we can’t ever know. Meghan candidly revealed her reactions to questions she said were raised about the colour of her unborn child’s skin and her suicidal ideations are just that, her reactions. In discrimination law at least, it is the impact the behaviour has on the individual who raises the complaint that is central. Encourage self-resolution This will not be appropriate in every situation but where issues of bullying, harassment or discrimination are at an early stage it can be helpful to encourage the recipient of the treatment to speak to the person(s) involved to explain why they find the behaviour unacceptable or upsetting. Line managers/HR should carefully consider the suitability of recommending this option on a case-by-case basis. Employers can also signpost employees to support services that are publicly or privately available to help them address early signs of mental health concerns. Support Take steps to support your employees. This should not always wait for an outcome, in fact doing so may be counterproductive. If there are issues between two employees, consider temporary arrangements to diffuse the situation, relocation or suspension. If an employee is unwell, consider what adjustments you can make to support them through the process and beyond. Varied hours? Occupational health referrals? Private treatment? Investigate Without an investigation, it will not be possible to fully understand the complaints and/or make findings about them. But we are all humans and as the Queen said: “recollections can vary”. An objective and balanced investigation is essential in these circumstances to establish the facts, understand what you are dealing with and to formulate a plan from there. Interview the parties involved, review evidence, but in parallel, explore employee’s ill health with their consent, get medical input so you can make informed decisions about their employment and any steps you can take to support them. Always be sensitive to the particular issues and people involved. Be thorough but don’t delay. Jaguar Land Rover came undone when their handling of a gender-fluid employee’s grievance of harassment was heavily criticised during Employment Tribunal proceedings which they lost, to the tune of £180,000 in compensation. Such an extreme outcome can be avoided with a fair and reasonable process being followed. Educate These situations often provide valuable learning points, and these opportunities should not be missed by employers. If unacceptable (or even unlawful) behaviour is found in the workplace, take appropriate action yes, but above all, educate your staff. Send memos. Run diversity training. Arrange workplace discussions. If someone is stressed, depressed, take steps to raise the profile of staff wellbeing. Foster an open and supportive environment. Prevention is always better than cure so having regular training and appropriate policies and measures in place from the outset helps to set the tone for your workplace but review this regularly, continually deal with areas identified as needing improvement. It is a difficult area but most employers are likely at one point or another to be faced with employees suffering from mental health issues and/ or workplace concerns. Getting things right will be key to minimising the impact on the employees affected and on your business. Collingwood Legal is an award winning specialist law firm providing expert advice and support on a wide range of employment and HR matters.
