Sir Gavin Williamson - unacceptable workplace behaviour

Recent publications regarding former cabinet minister, Sir Gavin Williamson’s, conduct towards his colleagues certainly make for interesting reading. Allegations include him sending a barrage of expletive-laden text messages to ex-Chief Whip, Wendy Morton, regarding the allocation of places for the Queen’s funeral and telling one senior civil servant to “slit your throat” and “jump out of the window”. These incidents have been referred to the Parliamentary watchdog, the Independent Complaints and Grievance Scheme for further investigation. It has also been suggested in other media that there were a number of other MPs ready to make formal complaints about Sir Gavin’s behaviour had he not resigned last week.

Given the incidents referred to occurred in the course of employment and have since led to further criticisms of the government, businesses can take away some key points from this scenario to ensure that they are well-equipped to deal with similar situations should they arise in their own workplaces.

Why is Sir Gavin’s behaviour unacceptable in the workplace?

Intimidating and threatening conduct such as sending text messages to colleagues saying “not to push him about” and “there is a price for everything” which were sent by Sir Gavin, can amount to unwanted conduct which has the purpose or effect of creating an intimidating, offensive and hostile working environment. Even if Sir Gavin felt or perceived his text messages to Wendy Morton were harmless or not sent with the intention of intimidating her, this does not matter, the messages could still amount to bullying and harassment given that it is Wendy’s perception of the treatment which is important and whether the effect of the messages create an intimidating and offensive environment for her.

What risks does this type of behaviour or conduct demonstrated by employees in the workplace pose to employers?

Employers can find themselves liable under the Equality Act 2010 if it fails to protect their employees and other workers from harassment in the course of their employment. Anything done by an employee in the course of their employment is treated as having also been done by the employer and as such an employer can be liable whether or not the harassment is done with the employer’s knowledge or approval.

Employers also have a number of implied duties under the employment contract. These implied duties include:

• to provide a safe and suitable working environment
• not to destroy mutual trust and confidence, and
• to provide redress of grievances

Further, the Health and Safety at Work Act 1974 also requires employers to provide a safe place and system of work for staff.

What can employers do to minimise/protect the business from such risks?

Given that bullying and harassing behaviour can present and give rise to a number of legal issues, employers are advised to consider what is and what is not acceptable conduct in the workplace and ensure that this is clearly communicated to all staff so that everyone is aware of what conduct will not be tolerated in the workplace. This can be done through the implementation of an effectively worded policy.

Whilst there is no legal obligation on employers to have a separate bullying and harassment policy, it is recommended that a separate policy is used to deal with such allegations so as to demonstrate a more detailed procedure for investigation in recognition of the sensitivity and seriousness of such complaints. This may help an employer establish what is known as a ‘reasonable steps’ defence to a claim under the Equality Act 2010. 

Policies should have the explicit backing of senior staff in the business such as the chair, owner, chief executive or board of directors. Senior management should ensure and be responsible for making sure that policies are implemented, resources monitored and reviewed and that there is regular reporting on their effectiveness.

If an organisation has a policy in place, then it needs to be effective and this means it should be reviewed regularly and brought to the attention of all staff. Employers can promote and publicise their policies through a variety of ways and should do so using:

• email bulletins
• induction packs
• team meetings
• training
• handbooks
• annual reports
• the intranet and website
• office notice boards, and
• cascade systems

It is not enough to simply have a policy, employers need to be able to show that they have implemented policies effectively and proactively through staff awareness, regular training and taking appropriate disciplinary action against any perpetrators.

If you are an employer and need some assistance with allegations of bullying and harassment in the workplace or you require workplace policies, the BLHR and employment team can provide you with advice and support. 

If you would like to discuss how we can support your business on this and any other employment or HR matter through our BLHR service or otherwise do get in touch by phone on 01245 453838 or email me at samantha.randall@birkettlong.co.uk