Investigating Sexual Harassment

This one-day course provides practical guidance on how to respond to, investigate and manage concerns and complaints about sexual harassment. 

It demonstrates why all organisations need to have robust “not acceptable here” policies in place together with clear procedures for reporting, investigating and discipline, including dismissal, should sexual harassment be proven.  It is also recommended that procedures and mechanisms are in place to support anyone who has been subjected to sexual harassment at work.

For Whom
This course is suitable for HR teams, Senior Leaders and Operational Managers in all organisations.

CONTENT

  1. UNDERSTANDING Sexual Harassment at Work & THE WORKER PROTECTION ACT
  • Understanding Sexual Harassment at Work
  • The Worker Protection Act and the Drivers Behind it
  • EHRC steps for preventing Sexual Harassment at Work, including:
  • Other Considerations – Preparing to Defend
    • Importance of effective responses to complaints and concerns
    • The need for clear policies and procedures
  • Making implementation effective
  • Evidencing, compliance training and implementation
  • Further Sources of Help, Advice and Support
  1. policies and Procedures
    In the event of grievance, litigation or tribunal the organisation will need to be able to evidence compliance with the EHRC code of practice. This code is designed to help prevent sexual harassment at work and requires robust policies and procedures to be in place and the whole workforce trained in them.  Additionally in the event of incident, perpetrators may face suspension, disciplinary action and dismissal.   It is important that all staff are aware of this and have agreed to it before any incident occurs.  If the organisation is unable to evidence that the accused is aware of the “not acceptable here” policy and the consequences of breaching it – disciplinary action may fail

2.1   An Effective Policy Framework

  • Overarching Context of the Preventative Duty
  • EHRC Codes of practice
  • Clear Definitions
  • Monitoring and Coverage, Links to other policies
  • Corporate Governance
  • Managers and Supervisors
  • Employment, Interns and Volunteers
  • Managing Third Parties – Customers/Service Users
  • Awareness Raising and Training
  • Procedures

  • Typical Policy Structure
  • The Policy Statement – “not acceptable here”
  • Underpinning Legislation
  • Definitions and examples of sexual harassment
    • Physical conduct
    • Verbal conduct
    • Non-verbal conduct
  • Policy extent and coverage
  • Complaints and reporting procedures
    • Informal complaints mechanism
    • Formal complaints mechanism
    • Outside complaints reporting mechanisms
  • Training, Development and Recording
  • Sanctions and Disciplinary measures
  • Policy Issue, review and update

2.3   Effective Policy Implementation

  • Staff training – style focus and frequency
  • Management training – style focus and frequency
  • Recording and evidencing training
  • Incident recording
  • Monitoring and evaluation
  • Legal Team ratification.
  1. RESPONDING TO COMPLAINTS and CONCERNS
    • Responding to initial complaint
  • Formal, Informal
  • Victim, Witness, Accused
  • Confidentiality and respecting wishes
  • Descaling Initiatives and options
  • Severity, Risk Assessment, Options including suspension if appropriate
  • How to respond to Press or Public Enquiries
  • Counselling Advice and Support
  • Why, what, when, who, where
  • Internal and External
  • Short term prevention options
  • Keeping people informed and assured ongoing
  • Investigation
    • Victim, Witnesses, Accused
    • Approach and Good Practice
    • Records, notes and defensible documentation
  • Reaching and Conclusion and Finalising
  • Considering the evidence, options and reaching a decision
  • Implementing the disciplinary process if appropriate – points to remember
  • Reporting back to those involved – hints and tips
  • Record Keeping
  • Preventing future incident – learning points and follow on action

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