S109(4) of the Equality Act introduced the so-called ‘statutory defence’ to discrimination claims. If an employer ‘took all reasonable steps to prevent’ the discriminatory conduct they will not be liable for the offending behaviour.
Reasonable steps are likely to include:
·         Appropriate and up-to-date polices in relation to harassment and bullying, communications and diversity and equal opportunities;
·         Ensuring staff are aware of those policies and receive relevant training;
·         Effective management of grievance and disciplinary processes where unlawful conduct occurs
Problems will arise where businesses may have such policies and training in place but there it is outdated or ineffectual.
For further guidance, please contact our experienced Employment Team here.