Workplace harassment is a serious issue that can impact employee well-being, morale, and productivity. As an employer in Ireland, it is your legal responsibility to ensure a harassment-free environment for your employees. Whether you are managing a large or small business, having the proper policies, procedures, and training in place is crucial to prevent harassment, address complaints effectively, and maintain a healthy work culture. 

This guide will provide you with a comprehensive understanding of harassment in the workplace, a step-by-step approach to managing and preventing harassment, and the HR procedures you need to follow. We will also cover training opportunities and how to establish a supportive, respectful work environment in your company. 

In Ireland, harassment is defined under the Employment Equality Acts 1998–2015 as any form of unwanted conduct that violates an employee’s dignity and creates an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment can be based on various protected grounds, such as: 

• Gender 

• Sexual orientation 

• Age 

• Disability 

• Race 

• Religion 

• Family status 

• Marital status 

• Membership of the Traveller community 

1. Sexual Harassment: Unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature. 
2. Bullying: Repeated, unreasonable actions directed at an individual that are intended to intimidate or degrade them. 
3. Discriminatory Harassment: Harassment based on a person’s race, religion, disability, or any other protected characteristic. 

Harassment can occur in various forms, including verbal, physical, and non-verbal conduct, and it does not have to be intentional to be harmful. Even a single act, if severe enough, may be considered harassment. 

It is crucial to recognize what constitutes harassment. As a small business employer, you must be vigilant and ensure that your employees understand what behaviours are unacceptable. You should be familiar with the following: 

• Inappropriate comments or jokes related to gender, race, disability, etc. 

• Unwanted physical contact or gestures. 

• Threatening behaviour or intimidation tactics. 

• Offensive emails or texts. 

One of the best ways to prevent harassment in your business is by setting up clear HR procedures and policies. These should cover: 

• Harassment Policy: Create a formal, written harassment policy that outlines unacceptable behaviours, the consequences of harassment, and the process for reporting incidents. 

• Reporting Mechanisms: Provide multiple ways for employees to report harassment confidentially. This could include HR, line managers, or an external mediator. 

• Investigation Process: Clearly outline how harassment complaints will be investigated, ensuring transparency and fairness. Assign a designated team or HR representative to handle complaints and make sure investigations are handled promptly and confidentially. 

If an employee reports harassment, follow these steps: 

• Listen Actively: Listen to the employee’s complaint without judgment. Take notes and offer reassurance. 

• Investigate Promptly: Begin an investigation as soon as possible. Maintain confidentiality and conduct interviews with the alleged victim, the accused, and any witnesses. 

• Take Appropriate Action: If the complaint is substantiated, take action based on the severity of the situation. Actions may include disciplinary measures, such as warnings, suspension, or termination. 

While it is essential to handle complaints properly, prevention is the best strategy. Here is how you can avoid harassment before it happens: 

• Establish a Zero-Tolerance Policy: Make it clear that harassment of any kind will not be tolerated in your workplace. 

• Create a Respectful Work Environment: Foster a workplace culture based on mutual respect, inclusivity, and understanding. Encourage open communication and provide opportunities for employees to voice concerns. 

• Regular Training: Ensure all employees, managers, and HR staff receive harassment prevention training. This will help raise awareness and educate everyone on what constitutes harassment and how to address it. 

Training is key to ensuring everyone understands their rights and responsibilities. Consider implementing the following: 

• Anti-Harassment Training: Provide regular training for all employees on the Company’s harassment policies and how to report harassment. 

• Manager Training: Train managers to identify signs of harassment and how to handle complaints. Managers should be aware of how their actions or comments may unintentionally contribute to a toxic environment. 

• HR Training: Ensure HR professionals are well-equipped to handle complaints, investigate allegations fairly, and protect employees’ rights. 

To effectively deal with harassment, you need to set up the following HR procedures: 

1. Policy Communication: Make your harassment policy clear and accessible to all employees. This could be included in the employee handbook or made available on your Company intranet. 
2. Complaint Form: Offer employees a simple, confidential way to report harassment—this could be a written form or an online submission. 
3. Investigation Process: Design a clear process for investigating complaints, including timelines, confidentiality guidelines, and disciplinary steps for those found guilty of harassment. 
4. Support for Victims: Offer support to those who report harassment, whether through counselling, flexible work arrangements, or other accommodations. 
5. Follow-up: Regularly check in with employees after a complaint to ensure there are no further issues and that they feel safe in the workplace. 

Managing harassment and bullying in the workplace can be challenging, especially for small businesses. That is why we offer a free HR advice line to assist Irish employers with any concerns regarding workplace harassment. Whether you need guidance on handling a harassment complaint, creating a policy, or training your staff, we are here to help you ensure a safe, respectful, and compliant workplace. 

Harassment in the workplace includes any unwanted conduct that violates an individual’s dignity, creates a hostile, intimidating, or offensive environment, and may be based on characteristics such as gender, race, age, disability, or sexual orientation. 

If an employee makes a harassment complaint, listen carefully, ensure confidentiality, and begin an investigation promptly. Follow your Company’s procedures to gather evidence and ensure a fair and transparent process. 

While there is no specific legal requirement for harassment training in Ireland, it is strongly recommended that businesses provide training for all employees, managers, and HR staff to prevent harassment and comply with the Employment Equality Acts. 

Yes, even a single severe act can be considered harassment if it creates a hostile or intimidating environment. For example, a serious act of sexual harassment could qualify as harassment even if it is not repeated. 

If harassment is substantiated, disciplinary action should be taken, which could include a warning, suspension, or even termination, depending on the severity. Ensure that the action is consistent with your Company policy and Irish employment laws. 

WRC Resources

Government Resources