Sexual misconduct policy framework

Trigger warning:

The contents of this policy framework may be upsetting for some colleagues to read.

If you would prefer to discuss this policy or need support, please contact a manager, member of the HR team or the safeguarding team

Statement from the NHS Social Partnership Forum

This policy framework has been developed with input from the national Workforce Issues Group of the NHS Social Partnership Forum.

Employers should follow their local procedures for collective negotiation and agreement on policies. For most employers this is through the employer’s joint negotiating committee.

The people policy frameworks can also be added to and improved through local discussion and agreement. Nothing in the national people policy frameworks automatically overrides local terms unless agreed at local level.

A people policy provides support, advice and guidance on how you can expect to be treated and what is expected from you.

Why we have this policy

We have signed the sexual safety in healthcare organisational charter. We are committed to a zero-tolerance approach to sexual misconduct in the workplace to create a workplace where everyone feels safe.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 creates a duty on employers to take reasonable steps to stop sexual harassment from colleagues and third parties in the workplace. This includes protecting their employees and people employed by other organisations, such as suppliers or visitors, from sexual misconduct.

Sexual misconduct is unwanted behaviour of a sexual nature.

It can happen to anyone, but it often happens where there is a power imbalance. People in some groups can be more vulnerable than others. For example, women, black, ethnic minority, disabled and LGBTQ+ people can be more at risk. Some people will also find it more difficult to report sexual misconduct.

This policy provides information about:

- - how to recognise and report sexual misconduct
  - our approach to taking actions when sexual misconduct is reported, including the other policies that might be used
  - the support available to people involved or harmed. More information is on page 11 and in appendix 4

What this policy covers

This policy covers sexual misconduct connected to work or the workplace. Sexual misconduct can include many things, such as:

- - sexual comments or jokes
  - unwanted touching or kissing
  - showing sexual pictures
  - staring at someone in a sexual way
  - asking personal questions about someone’s sex life
  - sexual assault or rape

Sexual misconduct can take place at any time and any place; for example, at social or learning events or while travelling for work. It can take place in person or online (for example, through chat messages, phone calls, voice messages, or social media).

All NHS employees, non-executive directors, volunteers, agency and bank workers, students and learners, contractors, secondees and interns can use this policy to report sexual misconduct.

This policy provides information about the support available and about the process used to keep people safe and manage concerns and reports.

It provides advice about what to do when someone makes a disclosure about sexual misconduct to you, and a checklist of information you need to collect when someone wants to report this to the organisation.

How this policy promotes a kind and caring culture

We want insert name of organisation to be a place where everyone feels safe to work, and where actions are taken to stop sexual misconduct.

This policy commits the organisation and everyone working within it to take all reports of sexual misconduct seriously and to act on all reports. A zero-tolerance approach to sexual misconduct in the workplace is crucial to promoting a kind and caring culture.

How do we know this policy treats people fairly?

Whenever we write a policy, we do an ‘equality impact assessment’ (EIA) to ensure it treats everyone fairly, and it does not disadvantage or discriminate against anyone or any protected group.

We also review our policies regularly to see how we are doing. This includes listening to colleagues’ views and reviewing information about how the policy works in practice.

People who aren’t employed by the organisation

If your report is about the behaviour of someone at work, but they are not employed by the organisation, you should make a report using this policy.

The review group will liaise with the employer of the individual and will agree on the actions to support you and to prevent it from happening again.

Patients and service users

If your report is about the behaviour of a service user, patient, or a member of the public, you should speak to your manager or the

person in charge as soon as possible after the event happens, if you can.

This will allow them to take actions as soon as possible using the violence and aggression policy and the safeguarding policy; for example, this could include warning a patient or service user about their behaviour or reporting a criminal act to the police.

Incidents unrelated to work

If you have been affected by a sexual safety incident, including domestic violence, that is not connected with work, the reporting process in this policy is not likely to apply. However, the impact of the incident might affect you at work. If you need support, speak to your manager or a person you trust.

You can make a report yourself or you can ask the person you have disclosed to (for example, a colleague) to do this for you.

Reports may be made to:

- - your manager or another manager, or a supervisor or educational They will ask a member of the HR team for guidance
  - a member of the HR team
  - a freedom to speak up guardian (FTSU)

A trade union representative or a domestic abuse and sexual violence ally can support you to make a report.

Every report will be taken seriously.

Anonymous reports

If you give your name when you report sexual misconduct, the organisation will be able to complete a more in-depth investigation.

Providing your details can help the organisation to support you and signpost or refer you to further support.

All reports are taken seriously. If you do not feel you can provide your name, you can report anonymously.

Provide as much information as possible, including the times of events and the impact they are having on you and others. This will ensure the person reading your report can understand what happened.

The steps in this policy will be followed as closely as possible using the information you provide.

Appendix 3: Language and definitions

Sexual safety: means being free from any unwanted sexual behaviour at work.

Sexual misconduct: describes a range of behaviours including sexual assault, sexual harassment, stalking, voyeurism and any other conduct of a sexual nature that is non-consensual or has the purpose or reasonable effect of threatening, intimidating, undermining, humiliating or coercing a person. Sexual misconduct can occur between people of the same or different sex and genders.

Sexual harassment: is unwanted behaviour of a sexual nature which has:

- - violated someone’s dignity, whether that was intended or not
  - created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether that was intended or not

Sexual harassment can be a one-off incident or an ongoing pattern of behaviour. It can happen in person or in other ways, for example online through email, social media or messaging tools.

Sexual violence: describes any sexual activity or act that happened without consent.

Sexual assault: is any sexual act that a person did not consent to or is forced into, against their will.

Examples

The following are examples that might be reported using this policy. They could take place at work, or in the course of your work, during online meetings or online chats, at a work event or a party:

- - sexual comments or jokes, including what might be called ‘banter’
  - the sharing of sexual material online (for example, sharing sexual memes or, videos by email or platforms like WhatsApp)
  - sexually inappropriate behaviour on social media where colleagues are involved
  - displaying or sharing sexually graphic pictures, posters or photos (or other sexual content)
  - suggestive looks, staring or leering
  - using power, seniority to influence others for sexual favours
  - intrusive questions about a person’s private or sex life, or discussing your own sex life
  - flirting, gesturing or making sexual remarks about someone’s body, clothing or appearance
  - making sexual comments or jokes about someone’s sexual orientation or gender reassignment
  - touching someone against their will
  - sexual assault or rape

Appendix 4: Support provided by our organisation

Use this space to include support available. Examples might include:

- - employee assistance programmes
  - wellbeing services
  - health and wellbeing champions
  - mental health first aiders

Members of the HR team

Can provide advice and guidance about this policy, and information about other services that can provide support. Add in contact details.

Safeguarding teams

Can provide advice and support to employees who disclose sexual misconduct and can signpost and refer staff to external support. Add in contact details.

Freedom to speak up guardians

Can offer a confidential and safe place to speak about sexual safety and provide guidance and information about how to resolve concerns. Find out more.

Domestic abuse and sexual violence allies

Include details about this service if it is available.

Domestic abuse and sexual violence allies provide trauma informed support about complaints of sexual misconduct.

They can signpost to this policy, explain the procedures for reporting and the potential routes and outcomes, and help someone to make a report.

Appendix 4: External support

ACAS: helpline for anyone experiencing workplace related issues including sexual harassment.

Rights of Women: have free legal advice lines for women who have experienced domestic abuse, sexual violence and sexual harassment at work.

Surviving in scrubs: provide support, share survivor stories and campaign to end sexism, harassment, and sexual assault in the healthcare workforce.

General Medical Council: What to do if you think you have been subject to sexual misconduct by a doctor: a resource for patients and colleagues.

Health & Care Professions Council: sexual safety hub provides help and guidance about making a report to that organisation.

Protect: free, confidential whistleblowing advice.

Equality Advisory & Support Service: helpline to advise on issues related to equality and human rights.

Citizens Advice: provide information about your legal rights in the workplace if you are experiencing sexual harassment.

Samaritans: support for anyone who’s struggling to cope, and who needs someone to listen without judgement or pressure

Getting help for domestic violence and abuse: NHS.uk provides practical advice and help to recognise the signs and where to get help.

Supporting a survivor of sexual violence: advice from Rape Crisis about how to support a survivor of sexual violence.

NHS help after rape and sexual assault: information on the NHS website about where to find support if you have been sexually assaulted, raped or abused.

Rape Crisis England and Wales: 24/7 helpline that can provide immediate support if you have experienced sexual misconduct.

Rape Crisis Scotland: 24/7 helpline that can provide immediate support if you have experienced sexual misconduct.

Sexual assault referral centres (SARCs): offer medical, practical and emotional support to anyone who has been raped, sexually assaulted or abused. SARCs have specially trained doctors, nurses and support workers.

Galop: support LGBT+ people who have experienced abuse and violence.

The Survivors Trust: The Survivors Trust has 120 member organisations based in the UK & Ireland which provide specialist support for women, men and children who have survived rape, sexual violence or childhood sexual abuse.

SurvivorsUK: provide support to male and non-binary survivors of sexual violence, providing counselling, practical help and community on your healing journey.

Victim Support: provide specialist help to support victims of crime to cope and move on to the point where they feel they are back on track with their lives.

Appendix 6: Links to more help and guidance

Appendix 7: How will we know if this policy is effective?

We will monitor how effective this policy is by working in partnership with trade unions and other stakeholders to collect information. This information will be used regularly to review and understand the impact of the policy on our people and will help us understand how we can improve. This table sets out how we will monitor this policy:

What element of this policy will be monitored?	What is the method or information source, for example, audit or feedback?	Who will lead the monitoring?	When will the information be reviewed, by who or which group?	What are the arrangements for responding to issues and tracking delivery of planned actions?
How many individuals use this policy and how do they use it?	How many informal or formal processes are started each year? How many are completed?	Insert information about who will lead the monitoring.	This could be annually, monthly or quarterly. Managed by insert name of group and overseen by the board.	Include details of who and how this will be reviewed and discussed.
Does the extent of policy use vary across different staff or protected groups? Are there any differences in outcomes?	Using demographic, band and staff group data to analyse use of the policy.	Insert information about who will lead the monitoring.	This could be annually, monthly or quarterly. Managed by insert name of group and overseen by the board.	Include details of who and how this will be reviewed and discussed.
Feedback on advice, process, ease of use and internal and external support.	Feedback to the HR team from individuals, trade unions, freedom to speak up guardians and staff networks.	Insert information about who will lead the monitoring.	This could be annually, monthly or quarterly. Managed by insert name of group and overseen by the board.	Include details of who and how this will be reviewed and discussed.
What are the outcomes of using this policy? How much change or learning happens? What does this tell us about the culture?	How many concerns move to disciplinary? How many appeals are made each year, how are these resolved? What outcomes have come from anonymous reports?	Insert information about who will lead the monitoring.	This could be annually, monthly or quarterly. Managed by insert name of group and overseen by the board.	Include details of who and how this will be reviewed and discussed.

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