Chipping Norton Times - Issue 26 - November 2012 (PDF)

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Harassment – how much can it cost you? Have you ever considered that an employee could bring a claim against you because of how a customer, contractor, supplier or member of the general public has treated them? Yes, this is how far third party harassment can extend and if you haven't taken steps to protect your employees, or stopped the harassment, it could cost you dear! The concept of harassment is not a new one – it has been around for many years both in the employment arena but also in the civil courts. However, the Equality Act in 2010 added a very wide statutory definition of harassment in relation to illegal discrimination or the ‘protected characteristics’ as they are now called. This covers religion or religious belief, sex and sexual orientation, race, disability and age. However harassment doesn’t apply to pregnancy, maternity, marriage and civil partnership. The Act specifically deals with sexual harassment with further detail. Harassment claims outside of these areas can still be brought in other courts but not in the Employment Tribunal. The coalition government announced in March 2011 that they deemed these provisions in the Equality Act "unworkable" but despite assertions to remove them, they are still there nearly a year on! What does it actually mean for employers and employees looking to bring a claim? It gained prominence with the case of Bernard Manning who made racist and sexist jokes about some waiting staff in a hotel in 1997. The staff bought claims against the hotel and succeeded, even though the person causing offence was not an employee. This legal principle of third party harassment, a primarily European driven concept, has latterly been extended and firmly embodied in the Equality Act 2010. The legal definition of harassment is 'unwanted conduct related to a relevant protected characteristic, 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'. What counts as harassment is very wide ranging from a joke or flirting through to the more extreme, such as assault. It even covers those who just overheard the alleged harassment even though they weren’t the subject of it! Even if everyone else thought it was harmless, that is no defense, it's a subjective test and so it is how the victim viewed it that matters. Section 40 of the Equality Act 2010 details when an employer will be liable for the harassment, which is effectively a threestage test. Firstly, the person must have harassed the employee during the course of the employee’s employment. 10 Secondly, the employer didn’t take reasonable steps to stop it and thirdly, that the employer knew the harassment had occurred at least twice. ‘dealing with allegations can be very problematic ~ but that doesn’t mean they can be ignored’ It’s an incredibly difficult area, as employees might not directly disclose the first incidence or indeed multiple incidents of harassment so the employer may not be fully aware of it. It may not be until matters are properly investigated that the full extent of the harassment and the employer’s liability are known. How does an employer deal with the third party who has carried out the harassment if for example it is their biggest client or buyer etc. and they deny it? Further, how do you protect someone who is maybe not office based for example a sales representative. The realities of dealing with such allegations are very problematic but that doesn’t mean they can be ignored! Indeed, particular care should be given at social events, such as client days or marketing events that are still work related. These are often the sorts of occasions where alcohol is involved and the usual professionalism can lapse! What can you do as an employer to protect yourself? The first thing is to make sure that you have a clear harassment policy, often as part of an equality and diversity policy. Then use it. It's no point having it if it is never used. Make sure staff are aware of it and encourage an open door policy so employees feel they can raise such issues if they occur. Then act quickly. Don’t wait for a second allegation of harassment, act on the first. Speak to those who are most at risk and make them aware that you will not tolerate anyone treating them in such a manner and encourage them to tell you straight away if it happens. If your business deals with the general public, such as a hairdressers or shop then have a notice up that you will not tolerate harassment of your staff. If you know about it and do nothing and it happens more than once then it is likely to cost you a lot of money both in compensation, legal fees and reputation! For questions on this or any other employment issues contact Natalie Roach of De Marco Solicitors Natalie@demarcosolicitors.com or 01869 906004 Natalie Roach works as an employment consultant for De Marco Solicitors. I am an employment law specialist and have been practicing in employment law exclusively for over 14 years. “I specialize in all aspects of employment law for both individuals and companies and have run and won many more unusual cases such as gender reassignment and equal pay. I also have a great deal of experience in TUPE and discrimination, as well as the more usual cases of unfair dismissal, redundancy etc.. De Marco Solicitors are a specialist employment/commercial and family law firm offering a modern and fresh approach.
Cotswolds Broadband which will be bringing open access superfast ‘Fibre to the Premises’ broadband to Chipping Norton and surrounding areas, is delighted to announce that they were a finalist in the Innovative Funding Category of the NextGen Challenge Awards. NextGen Challenge is the UK’s annual competition for broadband network innovation which takes place during the NextGen12 conference at the House of Commons in October. Cotswolds Broadband, based in Chipping Norton, was set up by Lyneham resident Hugo Pickering. It will bring ‘Fibre to the People’ by providing a community-centric, future-proof, high speed, fibre-based broadband service direct to households and businesses in the Chipping Norton area of West Oxfordshire through its own fibre optic infrastructure. Following the last of the district wide events organised by Cotswolds Broadband to introduce their new superfast broadband service to Chipping Norton and its rural hinterland, Hugo Pickering said: “The overriding message from those attending was their concern about the potential disparity between town and country broadband speeds and the real need for a future-proof, high speed, fibre-based broadband service to the hard to reach areas.” For further details and to register your interest in high speed broadband, please visit www.cotswoldsbroadband.co.uk or join the conversation: Twitter @cotswoldsbb; Facebook (www.facebook.com/CotswoldsBB) For further details and to register your interest in high speed broadband, please visit www.cotswoldsbroadband.co.uk or join the conversation: Twitter @cotswoldsbb; Facebook (www.facebook.com/CotswoldsBB) Michael says: “Don’t be afraid of the mouse!” Local computer expert Michael Rolton says “the over 50’s are being left on the wrong side of the digital divide as a whole generation has missed out on the growth of the Internet.” He intends to reverse this trend by encouraging people in the Cotswolds to take up the challenge and have some computer fun. He is one of many newly recruited tutors who have been trained and appointed by Silver Training to provide a unique, one-to-one computer tuition service directly to people in their own homes. Michael teaches all the popular topics such as Computer Basics, Emailing, Internet Shopping and Researching Hobbies. He can even show you how to make free phone and video calls to friends and family all over the world by using an Internet program called SKYPE. “Keeping in contact with friends and family and finding out information are amongst the most popular requests we have” Michael says. “Handling photos and shopping online are also becoming increasingly popular.” Silver Training is unique in that it focuses on ongoing training rather than merely fixing problems. Its network of tutors are all centrally managed, trained, vetted and branded. “We are all part of an established company”, says Michael, “which means clients can trust us and have faith in the service.” The training service also includes computer buying advice, installation, Internet set-up and general assistance. Accompanying training material is provided. Michael says “It is never too late to start”, as demonstrated by one of Silver Training’s clients aged 93! Call FREE on 0800 862 0666 or visit www.silvertraining.co.uk 11
Page 1 and 2: CHIPPING NORTON TIMES Issue 26 Nove
Page 3 and 4: CHIPPING NORTON TIMES From the Edit
Page 6 and 7: 6 Strictly - In Moreton Ballroom &
Page 8 and 9: 8 Hamptonsfinefoods fine food from
Page 12 and 13: 12 V.J. Collett Ltd VJ Collett - Fa
Page 14 and 15: 14 Working with Nature- Est 30yrs W
Page 16 and 17: 16 Want To Avoid A Penalty? Contact
Page 18 and 19: We laughed and laughed and exchange
Page 20: 20 All those aches and pains gettin
Page 25 and 26: CHRISTMAS WORKSHOPS Textile Christm
Page 27: Residents Views sought on draft Loc
Page 33: Headaches Look at the alternatives
Page 37: Can you drive? Cotswold Volunteers
Page 40: 44 MATT KEYTE BSc (hons) Dip (ossm)
Page 45: 01451 821320 | info@cotswoldsfit.co
Page 48 and 49: 52 Steve Edwards: The man of 500 ma
Page 51 and 52: 10k Run Postponed MORETON RANGERS F
Page 53 and 54: The New Rotary Club of Kingham && D
Page 55 and 56: Animals & Pets Dog Walking/ Sitting

Chipping Norton Times - Issue 26 - November 2012 (PDF)

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