POSH policy for employers: what the workplace policy must set up

An employee tells a friend in the pantry that a senior colleague keeps making remarks about her appearance. The friend tells a manager, who says he will have a quiet word. Nothing is written down, no committee is told, and the colleague learns who complained. A workplace policy on sexual harassment exists to stop exactly this kind of well-meant improvisation.

This guide sets out what the policy has to establish. It is not a model text and it is not legal advice. The law on prevention of sexual harassment at the workplace, and the rules made under it, set duties that differ by company size and location. Have the finished policy checked against that law and those rules by a qualified professional before you issue it. The overall list of policies is in the HR policies and governance overview.

Ordinary complaints about workload or a manager's tone go through the disciplinary and grievance route. Complaints under this policy are handled separately. They go to a specially constituted committee, not a manager or the HR inbox, and the case file sits under restricted access with confidential case handling. A complaint in this area must never land in an ordinary request queue where a ticket agent or line manager can open it.

• A clear statement from the owners that the company will not tolerate such conduct and will not allow retaliation against anyone who complains or gives evidence.
• A definition of the conduct covered, written in line with the law and in plain examples, including conduct online, at offsite events, in client premises and on messaging apps.
• A scope covering employees, interns, trainees, contract workers, visitors and anyone on a company-linked activity.
• The Internal Committee, where the law requires one, and the route for establishments where a different committee applies.
• A complaint channel that is safe, with named contacts and more than one way to reach them.
• Written procedures for the inquiry, interim protection, findings, action and appeal.

The committee is the heart of the policy. Decide who chairs it, which members are appointed, who the external member is, and how long each appointment lasts. The law sets conditions on its composition, so confirm these with your adviser rather than copying a friend's company. Plan for conflict: if the respondent is a founder or a committee member, you need a written rule for who steps aside.

Next, decide the reporting channels. A dedicated mailbox read only by the committee, a phone number, and a paper form handed to the presiding officer is a reasonable spread. Avoid routes that pass through the manager. Then decide the training arrangements: who is trained, how often, and how attendance is recorded.

Finally, decide what interim measures the company will offer, such as changing reporting lines, a temporary seat move or paid leave, and who may grant them. These should protect the complainant without punishing her. Record every choice and its reason.

1. 1

   Complaint received

   The complainant submits a written complaint, or the presiding officer helps record it where she needs assistance. The committee logs the date on a sealed register.

2. 2

   Acknowledgement and support

   The committee acknowledges receipt, explains the process and tells the complainant what help and interim protection are available.

3. 3

   Preliminary review and conciliation

   Where the law permits and the complainant asks for it, the committee considers settlement without inquiry. No money is taken as settlement unless a qualified adviser confirms it is permitted.

4. 4

   Formal inquiry

   Both parties are told of the complaint, may respond, and may present witnesses and documents. Each is given a fair hearing. Notes are kept in locked files.

5. 5

   Findings and recommendations

   The committee writes its report within the period the law requires, to be confirmed by your adviser, and submits it to the employer.

6. 6

   Action and appeal

   The employer acts on the recommendation under the disciplinary policy. Either party may use the appeal route named in the policy.

Confidentiality binds the committee, HR and anyone who hears the case. Identity of the parties, the facts and the outcome must not be disclosed except as the law allows. Say plainly that breaching confidentiality, or punishing a complainant or witness, is itself a disciplinary matter.

Run an induction module for new joiners and a yearly session for all staff, with a longer one for committee members. Keep an attendance sheet and a deck version number. The committee also keeps its annual report, the complaint register, inquiry files and appointment letters. Check with your adviser which reports the law expects you to file or include in the company's own annual reporting.

Every person acknowledges receipt of the policy in writing. The form records that they have read and understood it, the date and the version.

Policy ID, title and owner: HR-POL-010, [presiding officer or HR head].
Statement of commitment: signed by [founder or director].
Scope: [employees, interns, contract workers, visitors] at [premises, remote, events, online].
Terms: the conduct covered, as worded by [adviser] from the law.
Committee: [names], external member [name], term [number] years.
How to complain: [mailbox], [phone], paper form, in writing within [period set by law].
Support offered: [interim measures].
Inquiry and findings: handled as per [adviser-confirmed procedure].
Confidentiality and retaliation: a breach is a [disciplinary matter].
Training: onboarding, [yearly] session, committee briefing.
Forms and registers: complaint form, case register, inquiry file, annual report.
Version, effective date and review: v[number], [date], reviewed every [number] months.
Acknowledgement: employee name, date, policy version.

Need a draft that your adviser can review? GullyHR prepares policy documents; share your headcount and locations through the requirements form. Related reading: the whistleblower policy guide and the code of conduct guide.