What should I do if my employee has made a complaint of unlawful discrimination?

If your employee has made a complaint of unlawful discrimination against you or any other person within the company, you should take certain steps to protect yourself:

  • Treating the matter seriously
  • Being careful of not falling into the trap of “victimising” your employee: For instance, you should not force your employee to stay at home.
  • Following the implemented company anti-discrimination policies or grievance procedures
  • Documenting and/or recording every evidence gathered and every interview held
  • In the case of the complaint being unfounded, gathering evidence to demonstrate that the same treatment would have been given to another actual employee or a hypothetical employee
  • Contacting your lawyers for advice on any defence strategy