Following changes to the law, employers are now under strict legal obligations to take reasonable steps to prevent sexual harassment in the workplace. This is a positive and proactive duty and includes responding to any allegations of sexual harassment properly. With that in mind, our HR specialists have prepared this Sexual Harassment Investigation Template for employers to use as a guide when preparing their own.
There is no clear definition when it comes to employers complying with their legal obligation. What will be deemed as acting reasonably depends on several factors, such as the size and nature of the organisation. To ensure compliance with your legal duties, you should take advice from HR experts like ours who can help you prepare a comprehensive Sexual Harassment Investigation Template bespoke to your business.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
Sexual Harassment Investigation Template
When you receive a complaint of sexual harassment, you should open a sexual harassment investigation, keeping the following guidance in mind:
1. You Must Act Immediately To Resolve The Complaint
Prompt, decisive action will reassure the complainant that you are taking the matter seriously and ensures you comply with your legal duty to prevent sexual harassment in the workplace.
The accused should be suspended on full pay, while the incident is being investigated. At first, it is to be assumed that the allegations are true and your actions should be in line with that assumption.
However, there is a difference between acting swiftly and acting in haste. While you should ensure you look into the matter as a priority, you should not rush into an investigation without careful consideration of important matters, such as who should undertake the investigation.
2. You Must Respect The Confidentiality Of All Parties
While you should not guarantee the anonymity of the parties, you should seek to protect them as much as possible, particularly when the facts of the matter are yet to be established.
3. You Must Protect The Complainant From Ongoing Harassment Or Victimisation While You Undertake Your Investigation
To ensure the complainant is not exposed to any ongoing harm while you conduct your investigation, you might consider moving them to a different department or premises. You should also consider whether there is any need to protect witnesses, for example, if you suspect they may be subjected to intimidation.
Victimisation can be from the accused or their colleagues, so you need to be aware of this before making a decision.
4. What To Do If The Allegation Amounts To A Criminal Offence
Some offences must be reported to the police, for example if a minor is involved. You should continue your internal processes while the police investigate, as there is no obligation for you to put your investigation on hold.
5. Promptly Inform The Complainant About The Outcome Of Your Investigation And Explain Any Appeals Process
You should ensure you notify the parties of the outcome of your process promptly.
How We Can Help
Our team of HR experts specialises in helping small businesses like yours to navigate the intricacies of employment law and HR practices and procedures. We have an exceptional reputation for offering straightforward, commercial advice aimed at keeping our clients tribunal-free.
Our support and guidance will ensure that you understand and implement the measures you must take to comply with your legal duty to prevent sexual harassment in the workplace. Where necessary, we will devise a Sexual Harassment Investigation Template for you to refer to as and when a complaint is received. That Sexual Harassment Investigation Template will be tailored to your organisation and will act as a prompt for anyone undertaking an investigation, to ensure their compliance with the law. That way, you can be confident that anyone tasked with the job has all the information they need to carry out a legally compliant sexual harassment investigation.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
