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I am the principal of a small firm in rural Ireland. Recently we had a situation where a staff member made sexual harassment allegations about another staff member. We managed to address the situation at the time but the whole thing stressed me out. I felt completely out of my depth. I wonder can you help by explaining what the clear steps are when dealing with such an issue moving forward? 

We have assumed for the purposes of response that the matter came to you in the form of a complaint and while we look at the process as a whole each step is worthy of its own step-by-step guide. Sexual harassment (SH) in the course of employment is a form of misconduct and employers inform employees how this will be addressed by the introduction of a Dignity at Work policy which should act as the rule book relied upon by the employer and employees alike. The absence of the requisite policies creates difficulties and fails to manage expectations. The following process is based on how employers generally respond to complaints but each response should be based on that employer’s policy.

1. When a complaint is received, consider what supports may be offered such as employee assistance arrangements.
2. Offer mediation. Some mediators argue that sexual harassment does not lend itself to mediation at all. We believe that an expert mediator can address sexual harassment disputes but recognise that where serious allegations are made a formal approach may be required.
3. Where mediation is not appropriate or fails to resolve the dispute, appoint an investigator. This should be a person who is trained to conduct such investigations as they can become complex and fraught with difficulty. Ensure Terms of Reference are in place.
4. If your policy provides for it and an appeal is lodged against the investigation outcome, appoint a person to hear the appeal. This person should also be trained in conducting such processes for the same reasons.
5. If the allegations are upheld, appoint a trained person to conduct the disciplinary process. If the allegations are not upheld after Investigation/Appeal, offer available supports including mediation in an effort to repair relationships to ensure professional interactions. Some employers provide for an appeal of the disciplinary process also.
6. If a sanction (which must be proportionate) is applied and accepted by the employee, the matter is at an end. If no sanction is applied after disciplinary process/appeal, the matter is at an end. Again consider if supports can be offered.
7. If an applied sanction is not accepted, an employee may refer the matter to the WRC for consideration under various pieces of legislation including Industrial relations/Unfair Dismissals/Equality legislation.
8. In 2020 a new Code of Practice on bullying was launched with considerable changes to process. Many employers have adapted their Dignity at Work policy to apply those changes to all dignity at work processes including SH in order to obviate the need for multiple processes. This will require the appointment of Contact Persons and Designated Persons depending on the size of your organisation.
9. The principle of nemo iudex in causa sua requires that all process steps are undertaken by a different person although third party fora have allowed limited leeway in very small employments. While some argue that fair procedures are not applicable to early parts of this process, it is easier to defend a process where the principles of fair procedures have been adhered to throughout.

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This question and answer are hypothetical and written by Bernadette Treanor and Olivia Harrington of Beo Consultancy Ltd. Beo Consultancy Ltd. is an employee relations consultancy specialising in investigations, mediations, appeals, hearings etc. Any response or advice provided is not intended to replace or substitute for any professional, psychological, financial, medical, legal, or other professional advice.

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