Joanna Dickinson was accused of sending an "excessive" number of emails to a colleague, which did not abate after that colleague raised a formal complaint. Dickinson had been in a relationship with the colleague she was emailing, three years prior to this behaviour.
The colleague felt “harassed” and “constantly on edge at work” as a result of Dickinson’s behaviour, the tribunal heard.
Dickinson sued the museum, after her employers didn’t investigate alternative options to dismissal. Dickinson’s compensation has not yet been determined.
Fiona McKee, founder of HR consultancy firm, The HR Practice, explained that HR plays an important role when incidents like these occur.
She told HR magazine: “HR should ensure there are clear policies in place in terms of standards of workplace behaviours as part of their onboarding process. Annual mandatory training should cover harassment and bullying.”
It can be difficult to establish what is excessive or obsessive behaviour in the workplace as it can be culturally dependent, McKee added, but HR professionals should determine the impact on the individual.
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Kate Palmer, director of employment services at HR and employment law consultancy firm, Peninsula, added that fairness and impartiality is crucial when investigating cases.
Speaking to HR magazine, she said: “All investigations must be carried out with fairness, impartiality, and in a way that allows all parties to explore all the actions available to them.
“Having a disciplinary policy and process in place will allow everyone to understand exactly what the steps and potential consequences are ,and help both the employer and employees to navigate these complex scenarios appropriately.”
Dickinson suffered from anxiety and depression, the tribunal heard. She also had an autistic spectrum disorder, which her employer reported not knowing about.
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Palmer added that HR professionals should take an employee’s mental health or neurodivergence into account when dealing with incidents such as these.
She said “HR can take an employee’s mental health or neurodivergence into account when dealing with allegations of harassment by ensuring that any investigation that is carried out in a way that is comfortable for the employee, such as avoiding asking questions that are ‘too open’ or vague.
“When making a decision, HR should carefully consider their course of action and whether a dismissal is the right approach, as it could be a breach of equality laws.”
McKee emphasised the importance of removing unconscious bias in the workplace.
She said: “It is important that the person appointed to deal with the investigation is not involved in any way. In an effort to remove unconscious bias, organisations will often utilise external resources to advise and handle these cases in an effort to demonstrate a fair process.
“This can work very well in these types of cases as it addresses unconscious bias within the organisation and demonstrates the organisation are listening and taking the complaint seriously."
