Cathy O’Donogue Stalking AwarenessWeek – Viewpoint from theWorkplace
In the age of social media, finding information about where someone works, and even when they will be at work, is easily available. Platforms such as LinkedIn and WhatsApp encourage employees to engage with each other in and out of work. They can be highly useful for sharing credentials, work history, and time sheets, but it’s important to be clear about codes of conduct when using these sites under the company’s name. Policies do not have to be limited to the physical work environment. It’s also important to know the law and follow it. The Health and Safety Work Act 1974 states: “It shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees”. Check policies are up to date, preferably visible in the workplace, and acknowledged by every member of staff – either via training courses, one-on-one discussions followed by employee signatures, or through regular staff meetings. Cathy O’Donogue, HR Champions’ managing director, has provided detailed advice for Punchline readers to help guarantee a happy and safe workforce.
In all situations, employers must remember that they have a duty of care towards their employees and this includes the provision of a safe and comfortable working environment. Stalking would be classed as harassment and/or sexual harassment, so if an employee is being stalked by a colleague then action can and should be taken against the offender if their identity is known. Stalking is likely to be a serious enough offence to warrant disciplinary action up to and including dismissal, but each case should be dealt with individually. If an employee is stalking someone outside of their own workplace and found to be using company resources such as email or a company mobile phone, then ‘misuse of company equipment’ could also be an offence of gross misconduct and worthy of dismissal. If the offending employee is using their own equipment, but is stalking via your company internet connection and IP address, there is a risk of the business being associated with the stalker’s actions, thereby bringing into disrepute; again this could be a sackable offence. Potential offences and their consequences should be set out in the company staff handbook within the bullying and harassment policy. More importantly though, employees need to understand what is and isn’t classed as unacceptable language and behaviour. To avoid a charge of culpability, an employer might be asked to prove that he or she had taken reasonable steps to ensure a safe and harassment free workplace if a case ever reached tribunal. Our “Dignity at Work” training programme is an ideal solution for this. Don’t forget that stalking can be pan-sexual so individuals of all genders and sexual orientations can be the target of stalking as well as the perpetrators of it. The victim of a stalker is also likely to become quite distressed and anxious about the situation, thereby affecting their mental health. Our Mental Health First Aider course will equip members of your team to spot the signs of colleagues who are experiencing stress and anxiety l
May 2019 | www. punchline-gloucester .com | 9
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