In the UK, workplace issues like harassment and bullying are often not reported. A 2020 CIPD survey found that 53% victims of workplace harassment did not report the latest incident[1]. This is a big problem. Employers need to know what is happening in their workplaces. It is only if incidents of harassment and bullying are reported that they can be tackled and resolved effectively.
The Legal Importance of Reporting
A failure to get a handle on bullying and harassment issues could risk employees resigning and claiming constructive unfair dismissal on the basis that the employer’s failure to deal with the issues breached the implied term of mutual trust and confidence.
Under the Equality Act 2010 employers are held vicariously liable for acts of harassment by their employees occurring in the course of employment. From 26th October this year, if the unreported issue relates to sexual harassment then employers face an uplift in compensation of up to 25% for failing in their duty to prevent it.
Why Do Employees Fail to Report?
There are two main reasons employees don’t report workplace issues:
- Fear of retaliation
- Lack of trust in the reporting process
Fear of retaliation doesn’t always mean dramatic consequences like being fired. Employees often worry about more subtle forms of retaliation, such as feeling ostracised or labelled as troublemakers. Employers can address this by making it clear that anyone reporting issues in good faith will be heard and respected without fear of any backlash. This should be communicated through clear policies, training, and open communication.
If employees lack trust in the reporting process, it’s often due to a history of complaints being ignored or mishandled. This was the case for McDonald’s. Last year, the BBC published a report into McDonald’s in the UK which reported that workers were subject to a toxic workplace culture[2]. McDonald’s were criticised for not taking claims of sexual assault, racism and bullying seriously. Trust will be gained by transparency – by employees being able to see reports being taken seriously and acted upon.
Is Anonymous Reporting the Solution?
To address these concerns, many companies have introduced anonymous reporting services, especially in light of movements like #MeToo. Tools like SafeCall and Culture Shift allow employees to report issues without revealing their identity, which can encourage those hesitant to come forward.
While anonymous reporting can be helpful, it should not be the default approach. It is much easier for employers to investigate complaints when they know who made them. According to Acas, anonymous statements should only be relied upon in investigations in exceptional circumstances where there is a genuine fear of retaliation. In disciplinary cases, anonymous statements can disadvantage the accused, as they won’t be able to challenge the evidence. For this reason, anonymous reports are best used as a ‘jumping off’ point for further – open – investigation into the issues which they raise.
Another downside of anonymous reporting is the potential for misuse. False or malicious complaints could be submitted without accountability, making it difficult for employers to judge their credibility.
Conclusion
Anonymous reporting can be a valuable tool for employers dealing with a lack of trust in their reporting processes. It provides a safe space for vulnerable employees to voice concerns. It can certainly help to highlight trends and potential problem areas – which can then be openly investigated. However, it should not be seen as a wholesale replacement for open and transparent reporting systems. Increasing employee trust in these processes should be prioritised.
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[1] Quarter of employees believe bullying and harassment are overlooked | CIPD
[2] McDonald’s workers speak out over sexual abuse claims – BBC News