Employers must have effective policies that focus on prevention of workplace harassment and remedial action if it occurs, writes Paul Gough of law firm Beauchamps

A diverse and inclusive workplace is an important feature of an employer's identity. The business benefits of a diverse and inclusive workplace are well documented. The evidence points to increased likelihood of high performance and greater innovation within the workplace. In addition, investors, consumers, and employees, pay greater attention now to how businesses address issues of diversity and equality. While employers often act beyond simple compliance with the law, they should be aware of two recent important developments which address diversity and inclusion issues within the workplace.  

Code of Practice on Sexual Harassment and Harassment at Work 

The Irish Human Rights and Equality Commission recently introduced an updated version of the Code of Practice on Sexual Harassment and Harassment at Work. The Employment Equality Acts (1998 to 2015) prohibit discrimination or harassment on any of the following grounds – gender, civil status, family status, sexual orientation, religion, age, disability, race, or the Traveller community ground. The updated Code provides practical guidance for employers and employees on how to prevent harassment and sexual harassment at work. It is legally admissible in evidence in proceedings before the courts, the Workplace Relations Commission and the Labour Court. 

It also reminds employers that they are legally responsible for harassment suffered by employees in the course of their employment unless they took reasonably practicable steps to prevent it, to reverse the effects of it and to prevent its recurrence. 

To avail of this defence employers must have comprehensive, accessible, effective policies that focus on prevention, best practice and remedial action. They must also have an accessible complaints procedure.  The essential factors of this include confidentiality, procedural fairness, the prohibition on victimisation, and practical workplace arrangements for parties pending the outcome of an investigation and the appeals process. 

Other actions recommended by the Code include appointing a ‘champion’ to act as an independent voice advocating for a diverse workplace culture free of harassment and, separately, the appointment of a ‘competent person’ with appropriate qualifications, training, and experience, with responsibility for ensuring that monitoring, training, and reviews occur. The Code also recommends ‘a commitment to training managers, supervisors and all staff on strategies to prevent harassment’.  

In Association with

Gender Pay Gap Reporting 

The second initiative is the commencement of gender pay gap reporting for employers with over 250 employees. The Gender Pay Gap Information Act 2021 requires organisations to report on their hourly gender pay gap across a range of metrics including median and mean hourly remuneration, bonuses, pay gaps for part time and temporary employees. The Department of Children, Equality and Youth has produced helpful guidance on how employers can comply with their obligations. 

If employers have a gender pay gap, then they are required to include in their report the reasons for any pay gap and the measures being taken to reduce the gap. Reports should be published on a company's website or in some other way that is accessible to employees and the public. It will be interesting to observe how gender pay reports will be used and interpreted when they begin to appear towards year end.

These developments illustrate that while there is a lot being done by employers on a voluntary basis to address diversity in the workplace, employers still need to be aware of continuing legislative developments. 

Paul Gough is an Associate in the Employment team with law firm Beauchamps.