New Code of Practice
New Codes of Practice on workplace harassment and pay inequality published
-
New Codes of Practice on workplace harassment and pay inequality published -
Code of Practice on Harassment and Sexual Harassment
Two new statutory codes of practice have been launched to help eliminate pay inequality and tackle workplace harassment and sexual harassment.
The Code of Practice on Harassment and Sexual Harassment at Work sets out what is meant by employment-related sexual harassment and harassment and outlines how it can be prevented the previous code of practice on the same matter issued by the Equality Authority in 2002.
It contains many of the same provisions together with some updates to address harassment via social media and the need to adhere to data protection legislation.
The code also details the necessary steps to ensure that organisations are ready to deal with harassment and to prevent it from happening again.
The new codes are legally admissible in evidence in proceedings before the courts, the Workplace Relations Commission and the Labour Court.
The Irish Human Rights and Equality Commission has also been provided with new legal powers to tackle gender pay gaps in organisations through The Gender Pay Gap Information Act 2021.
It also includes some additional suggestions for inclusion in workplace dignity at work or bullying and harassment policies.
The code states that workplace policies should now include a statement encouraging employees to challenge harassment and sexual harassment in the workplace.
It provides for some organisations (depending on size and other factors) to designate a champion at senior level, outside the HR structure.
This champion would be “an independent voice advocating for a diverse workplace culture free of harassment where all employees feel respected.”
The code recognises that it will not be feasible for all organisations to appoint such a champion given their size and resources.
As with the previous code of practice, there is a requirement that a competent person monitor relevant workplace policies.
The updated code adds that such person must have appropriate qualifications, training and experience – although it does add that support for this role could be provided by a competent person outside the relevant organisation.
While the previous code required that policies point out the statutory time limits for making complaints under the EEA, the new code adds that the policy should clearly state that these time limits will not be paused pending the outcome of the internal investigation.
There code suggests that workplace procedures include additional references regarding procedural fairness throughout investigation.
Matters such as the provision of notice, relevant disclosures, opportunity to comment and other procedural accommodations (such as appointment of an advocate or interpreter) are suggested.
The code also states that where the accused person objects to the person(s) appointed to investigate the complaint, such objection should be given proper consideration.
The code also suggests that workplace procedures reference the possibility of interim arrangements being put in place pending outcome of investigation. Such interim arrangements could include alternative line management structure, change of workstations, or requesting the complainant and/or alleged perpetrator to stay at home on fully paid leave.
The code adds that both parties to a complaint should be given appropriate support and follow-up following the investigation as the process is likely to result in tension and disharmony between the parties, co-employees, work teams and others, at least in the short-term.
The updated Code of Practice on Equal Pay provides employers, trade unions and employees with practical guidance on the right to equal pay, how to eliminate pay inequality, and how to resolve pay disputes.
This code of practice includes an extensive summary of the legislative provisions on equal pay and will be a useful resource to employers.
Of particular note will be the detailed guidance on the carrying out of pay reviews and the incorporation of job evaluation models within an organisation.
Steps such as the collection of job data, analysis of jobs, analysis of pay data and implementing corrective measures where concerns are identified are suggested in the code of practice.