Discrimination

5. Dealing with a Complaint

Treat all complaints seriously and make reasonable investigations before responding.

5.1 It is in everyone's interests that complaints should be resolved as soon as possible.

• Get advice (see 7).
• Investigate the complaint thoroughly and objectively. Be prepared to use an independent third party to mediate.
• Activate your formal grievance procedure if necessary. This must comply with statutory requirements.
• If the complaint is justified, be ready to offer redress and change your policies.
• If the complaint is not justified, tell the complainant and explain your reasons.
• Hold an appeal if requested.

5.2 If they still consider your response inadequate, employees can complain to the employment tribunal.

• Those engaged under contracts for services, such as contract workers and agency staff, are included.

5.3 Complaints must be made to the tribunal within three months of the act of discrimination, although this can be extended by three months if the employee has reason to think it is being dealt with internally. The employment tribunal also has discretion to extend the time limit.

• The employee (or the employee's legal adviser) may send you, as the employer, a questionnaire on discrimination.
• It is advisable (though not mandatory) to complete the questionnaire, which will become part of your evidence. Contact the tribunal if you consider the questions to be unreasonable.

5.4 You can still settle before the hearing.

• You can use Acas (see 7.2) or an independent mediator to settle the complaint by conciliation. If you reach agreement, it is binding.
• A 'compromise agreement' is also binding. This generally involves the employee (who must have received independent legal advice) waiving his or her right to go to the tribunal. If either side breaks the agreement, the other can sue.

5.5 If the complaint goes to the employment tribunal, the more work you have put into anti-discriminatory policies the better.

• Be prepared to explain your policies and how they are implemented.
• Produce any documents that show why you made the decisions you did.
• Explain the steps that you have taken to investigate and address the complaint.

5.6 If a tribunal finds against you, evidence to show you have taken all reasonable steps to avoid discrimination should mitigate the award.

• Tribunals have powers to award unlimited compensation. Awards can take account of injury to feelings, plus compensating for loss of past and future earnings.
• The tribunal can also recommend that you take specific actions to prevent any repeat of the discrimination. If you ignore these recommendations, the compensation award may be increased.