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Your dilemma: You work in the human resources department of a large corporation. A friend in another department has told you, in confidence, that she is being harassed by a colleague. You feel that you ought to do something but the friend doesn’t want to report it officially. What can you do to help?
Simon Jeffreys, CMS Cameron McKenna (www.law-now.com)
As she has told you about her problem in confidence as a friend, there is nothing you can or should do in your official capacity. Of course, you can counsel her as a friend. You should make sure that she is aware of her rights and of the Equal Opportunities Commission (EOC) guidance for victims of harassment (www.eoc.org.uk/harassment). This advice includes telling the harasser to stop, and that the victim should keep a record of the harassment. But without a formal report, there is nothing the employer can do. The EOC advice is to report the harassment early to protect herself and others. If you do advise her as a friend, you ought not to handle any aspect of any formal complaint or investigation, nor any disciplinary action that may follow, in your official capacity, as you would not be seen as unbiased.
Geraldine Duffy, i10 GradsEast (www.gradseast.org.uk)
Bullies thrive on bullying and once they have a victim, the situation rarely improves without intervention: it often intensifies with serious consequences. Employers take harassment seriously and as a friend you should convince her to make an official complaint so that the situation can be resolved. Even if she is not ready now she should record any incidents of harassment for future reference. She should also try to find out who else her colleague is bullying. She should also make it clear to the harasser that she finds the behaviour unacceptable and that she wants it to stop. The Citizen’s Advice Bureau will put her in touch with people who can help. As a member of the HR team you will know your company’s duty of care obligations to your employees — if you know someone is coming to harm in the workplace you must act pre-emptively. Consult your company’s procedures for dealing with this.
Do you agree with this advice? Write to us at career@thetimes.co.uk
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