LEGAL
By Rebecca Thornley-Gibson, Employment Parter at DMH Stallard LLP
What can business leaders and HR learn from the Sue Gray report? Never has one investigation report been so eagerly awaited by so many. We are of course talking about Sue Gray’s limited report into the infamous Downing Street alleged “gatherings”. The general findings of that report commissioned by the Cabinet Office make interesting reading for business leaders and HR professionals. It is a sobering reminder of a number of issues that need to be considered when faced with potential misconduct and possible criminal issues involving senior staff. Let’s look at some of those issues.
GRIEVANCES AND WHISTLEBLOWING Sue Gray Report – “Some staff wanted to raise concerns about behaviours they witnessed at work but at the time felt unable to do so.” Where senior staff are involved in potential misconduct it can be difficult for junior staff to raise issues without fear of reprisals or detriment. Grievance policies need to have a clear pathway for escalating concerns beyond the senior manager who may
have been involved in the conduct or who may feel compromised dealing with a complaint raised against their peers. Whilst HR may be able to navigate the sensitivities, consideration should be given to the appointment of an external independent resource where there is potential for later challenge as a result of individuals being ‘protected’. The ability to use external resources will also encourage employees to feel that complaints will be properly considered, giving credibility to organisations promoting transparency and fairness. Where concerns extend to conduct that impacts a wider number of people and relates to potential unlawful behaviour, the grievance process is unlikely to be the right route to follow. All companies should ensure they have a well-publicised and accessible Whistleblowing Policy setting out details of the type of disclosures that are covered and the way in which disclosures should be made. Confidentiality and anonymity are often key requirements for employees who want to raise serious whistleblowing concerns, and without these protections, disclosures are unlikely to surface and poor practices and behaviours are likely to flourish.
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