As awareness around sexual harassment in the workplace grows with the implementation of the Workers Protection Act, businesses must prioritise not only clear policies but also an effective workplace investigation process for handling sexual harassment complaints.
A well-structured sexual harassment investigation can help ensure fairness, protect the rights of all involved, and contribute to a safer work environment.
This guide provides practical steps and highlights the nuances essential to conducting a fair and comprehensive workplace investigation into sexual harassment.
1. 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.
2. 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 (QA) on the process and report. This QA step helps ensure fair, thorough documentation and balanced assessment.
3. Recognise delays in reporting due to trauma
It’s common for individuals experiencing sexual harassment to delay reporting due to trauma, fear, or uncertainty. From a moral standpoint, it’s 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.
Conduct fair and trauma-informed interviews
Using a trauma-informed approach during interviews in sexual harassment investigations can reduce re-traumatisation and improve information gathering.
Use 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 QA 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 recieve 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.
Regularly train your team on workplace investigation best practices
Consistent training on handling sexual harassment investigations equips HR and management with the skills needed to manage sensitive workplace investigations professionally.
Ensure ongoing education so that your team is prepared to handle sexual harassment complaints with care, sensitivity, and professionalism.
Handling a sexual harassment investigation in the workplace is a sensitive process that requires a careful, consistent approach. Each investigation presents unique challenges, and maintaining a fair, compassionate process is essential to fostering a respectful and trustworthy workplace culture. By following these steps, organisations can address sexual harassment complaints effectively, protect their employees, and create a safe work environment.
At Tell Jane, we can support your organisation in conducting fair and impartial workplace investigations through training in-house investigations or carrying out investigations on your behalf.
Email us today at hello@telljane.co.uk to find out more or ask for a brochure.
