Defending a complaint or claim of victimisation
Where a complaint or claim of victimisation is received, the best way to attempt to defend it, is to first investigate and gather as much evidence as possible to establish whether the alleged conduct and / or detriment alleged has occurred. This could include the gathering and consideration of CCTV footage, audio recordings, witness statements of staff involved and all equality and diversity policies and training records available.
What if the victimisation didn’t take place?
If you find that the conduct alleged has not occurred then all evidence in support of this can be referred to in any response to the complaint or claim.
What if the victimisation did take place?
If your investigation reveals that the acts complained of did take place, then the level of any detriment that the service user may have suffered should be considered. If it can be proven that no such detriment has been suffered then a business may be able to defend the complaint/claim on this basis.
In any event, it is extremely important to seek specialist legal advice and assistance in dealing with complaints or claims of this nature to protect your businesses reputation and minimise the potentially costly consequences of a claim and proceedings escalating. Contact our employment and discrimination team on 0161 696 6170.