Scots Employers Urged to Re-think HR Policies as Landmark Payout Looms

By PJ Chalmers of Empire HR

Scottish employment law experts Empire HR are issuing a warning to employers seeking to avoid multi-million pound unfair dismissal claims ñ following a landmark ruling which could lead to the largest compensation payout in UK history.

The warning comes following reports that a top London lawyer could be awarded a reported 19 million from her employer, after claims she was forced to quit her 140,000-a-year job.

Gill Switalski, the former head of legal affairs at F&C Asset Management, told an employment tribunal she was bullied over her working hours and was treated less favourably than a male colleague.

Aberdeen-based Empire HR, which provides an employment law, HR and health and safety support service across Scotland, says the landmark case highlights the absolute requirement for employers to have robust, meaningful and clear policies on bullying and harassment.

In March, a tribunal ruled Switalski was the victim of sex discrimination and harassment by senior management at F&C. The company appealed the decision, but the Employment Appeal Tribunal rejected all four grounds of appeal, and she could now be set to receive a record compensation award.

But some doubt has recently been cast over the massive pay out after new allegations were made over Mrs Switalski's claims that she suffered a nervous breakdown which prevented her from working.

As the case continues, Empire HR Director PJ Chalmers claims similar cases could follow unless employers ensure they have policies in place to protect themselves and their employees.

He said: Employers are legally obliged to have grievance procedures and a dismissal and disciplinary procedure. A number of other HR policies and procedures are not statutory but are recommended and in cases of bullying or harassment a Tribunal would look particularly unfavourably on any employer which did not have such policies in place.

Managers should be provided with training on the policies and employees should attend awareness sessions to ensure each and every individual within the organisation fully understands the policies ñ and the potential consequences of failing to properly adhere to them.

The HR employment law advisors ñ who offer a 24/7 advice line and consultancy service - say having a Grievance Procedure in place will further ensure employees are well aware of how to raise concerns, while a robust Bullying and Harassment Procedure will allow employees to better understand how to raise claims of bullying, harassment or victimisation.

Mr Chalmers added: The introduction of Whistle-blowing Procedures are becoming common place among responsible employers as these ñ where appropriate ñ will guarantee staff can raise disclosures internally or externally. Full and clearly communicated Dismissal and Disciplinary Procedures can also ensure any employee found to be bullying, harassing or acting inappropriately towards a colleague or colleagues can be disciplined. An IT Policy so that employees are aware of what is acceptable or otherwise in terms of bullying over the email system is also essential.

Mrs Switalski's case could have a different outcome from that originally reached at the tribunal earlier this year, but any employer which fails to ensure these vital policies have been introduced could well face a similar legal battle in the future.