Overview
No workplace investigation is easy, but those involving allegations of sexual harassment have the potential to be particularly difficult.
This one-day workshop is designed specifically to build on participants’ existing investigative knowledge and skills in order to enable them to investigate allegations of sexual harassment appropriately.
The skills and processes learnt will ensure that participants are able to carry out robust investigations in line with both best practice and the law. Your organisation’s policies and procedures will be referred to throughout the workshop as appropriate.
- Have a much clearer idea as to what constitutes sexual harassment
- Appreciate the different factors that may complicate the situation
- Understand the legal protection specific to sexual harassment
- Recognise the differences between investigations into sexual harassment and other workplace investigations
- Deal better with challenging situations, emotion and distress
- Know how to access appropriate support and resources
- Be able to make appropriate recommendations
Format
This workshop is available in a one- or a two-day format. On the one-day version participants work together as a group to plan and conduct investigatory meetings. The scenarios are bespoke to the organisation to maximise relevance. On the two-day version participants work in groups to investigate more complex investigations, using actors to play the part of employees involved in the investigation.
Workshop outline
1. Introduction
- Workshop objectives and benefits from attending
- Participants’ experience and confidence in this area
- Introductions and personal objectives
2. The context
- Sexual harassment in the spotlight
- Implications and risk for workplaces – the need to manage complaints robustly and take a preventative approach
3. Is this sexual harassment?
- Quiz / scenarios
- Differences in individual perception
- Confusion in workplaces as to what constitutes sexual harassment
- Factors which may affect an investigation
4. Defining sexual harassment and bullying
- Group exercise
- Definitions in law
- Behaviours that constitute sexual harassment and bullying
- Using your organisation’s policies
5. Legal protection
- Protection in law: employment and criminal matters
- Duty of care
- Equality Act 2010
- Other statutes, eg, Protection from Harassment Act
- Case law
6. Investigations into sexual harassment
- Similarities and differences in approach to other workplace investigations
- Impact and evidence
- Investigating in line with internal policies and ACAS guidelines
- Dealing with challenging situations, eg, emotion and distress
- Managing yourself
- Identifying support and resources
7. Recommendations
- Communicating the outcome of the investigation and lessons learnt / corrective actions
- Identifying and minimising risk factors
- Encouraging a preventative approach: Making recommendations in line with best practice
- A checklist of steps that all workplaces should implement
8. Challenging scenarios
- Group work to consider approach in particularly challenging or sensitive ‘what if …’ scenarios such as what happens when counter-allegations are made
9. And finally…
- Open forum – remaining challenges and ‘what if’ scenarios
- Action planning – identifying how participants will transfer this learning into the workplace and what else they may need which will help them to do this effectively
- Review and close