The new duty on Employers to prevent sexual harassment in the workplace requires employers to take practical steps to prevent such unwanted conduct towards workers in their organisation.
Sexual harassment is unwanted behaviour of a sexual nature, which must have either violated someone’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for someone. It can be sexual harassment if the behaviour has one of these effects even if it was not intended, or intended to have one of these effects even if it did not have that effect.
If a sexual harassment complaint is made, it is imperative that the employer not only shows that they have taken preventative steps but that processes are in place for when a complaint is made, including having a clear investigation process. A well-structured sexual harassment investigation can help ensure fairness, protect the rights of all involved, and contribute to a safer work environment. Implementing a thorough process shows intent and should have a positive effect of employees speaking up in future and preventing recurrence.
Here are some practical steps to conducting a fair and comprehensive workplace investigation into sexual harassment:
Prioritise confidentiality and empathy in the workplace investigation
Confidentiality is a critical part of protecting the individuals involved in a workplace investigation, both from retaliation and from unnecessary exposure. Ensuring confidentiality in sexual harassment investigations builds trust and credibility in the process.
Limit discussions to only those directly involved in the investigation. Educate all participants on the importance of discretion and sensitivity for both the integrity of the workplace investigation and the well-being of all parties.
Understand bias and adopt a neutral stance
In any workplace investigation, avoiding preconceived judgments is essential. Unconscious biases can impact the process, and staying neutral is key to fair investigations into sexual harassment.
Train investigators to recognise and manage biases. Assign one investigator to lead each sexual harassment investigation, while a second person is assigned to conduct quality assurance on the process and report. This helps ensure fair, thorough documentation and balanced assessment.
Recognise delays in reporting due to trauma
It is common for individuals experiencing sexual harassment to delay reporting due to trauma, fear, or uncertainty. It is essential to investigate these sexual harassment claims with the same diligence as those reported immediately, as trauma often impacts the timeline.
Approach delayed sexual harassment complaints with empathy and understanding. Treat each report with equal attention to detail, focusing on the facts without questioning the timing of the report.
Prepare thoroughly before interviews in the workplace investigation
Preparation ensures that questions are well-crafted, respectful, and allow those involved in the sexual harassment complaint to share their experience openly.
Review the sexual harassment complaint and relevant workplace policies beforehand. Develop open-ended questions that allow individuals to describe their experience. Choose a private, comfortable setting for interviews to encourage openness.
Using a trauma-informed approach during interviews in sexual harassment investigations can reduce re-traumatisation and improve information gathering. This can be done using gentle language and avoid accusatory tones. Allow the interviewee time to respond and show empathy through body language. Avoid leading questions and let the interviewee share details in their own words.
Collect and evaluate evidence responsibly
In sexual harassment investigations, evidence is not always physical. Testimonies, context, and patterns of behaviour are often crucial in workplace investigations.
Collect available documents, emails, and witness testimonies. Look for patterns of behaviour or corroborative details in the complaint. Weigh each piece of evidence objectively, noting that perception and impact are often significant in sexual harassment cases.
Document every step of the workplace investigation
Documenting the investigation thoroughly is essential to ensure transparency and to protect the organisation from future legal issues related to the sexual harassment investigation.
Keep detailed notes of interviews, decisions, and actions taken. Use standardised forms for consistency and maintain records securely. Include dates, times, participants, and the questions asked in the workplace investigation.
Analyse findings with care and impartiality
Conclusions in a sexual harassment investigation must be based on evidence, not assumptions. Analysing findings carefully reduces future disputes and ensures a fair outcome.
Summarise findings objectively, focusing on facts. The reviewer should validate that findings align with company policy, address the sexual harassment complaint comprehensively, and adhere to the correct process.
Communicate the outcome with transparency
Both the complainant and the accused deserve clear communication about the outcome of the sexual harassment investigation, note they do not need to receive the report itself rather a detailed outcome letter.
Arrange a private meeting to communicate the outcome, explaining the decision and any actions being taken. Offer both parties an opportunity to ask questions about the process and next steps.
Implement preventive measures and follow-up
Concluding a workplace investigation into sexual harassment should result in preventive actions to reduce the likelihood of future incidents.
Based on the findings, consider whether policy updates, training, or adjustments to workplace culture are necessary. Follow up to ensure compliance and reinforce a workplace environment that discourages harassment.
Get in contact with an employment lawyer at Rowberry Morris
If you would like advice or need further guidance on this or any employment issue, please contact the Employment Team at Rowberry Morris by phone on 01189812992 or email at employment@rowberrymorris.co.uk, or at rowberrymorris.co.uk/services/employment-law