POSH Awareness for Managers: Receiving a Concern

Short answer: a manager is not the investigator. Your job is to listen well, treat the matter with care, and make sure it reaches the right route. Most of the harm managers cause comes from trying to handle it alone.

This article is general information, not legal advice. Follow your organisation's approved POSH policy and reporting route.

Why managers matter

People often tell a manager before they tell anyone else. They may do it casually, in the corridor, or indirectly ("I'm not comfortable working on that account"). How you respond in those first minutes affects whether the person trusts the process at all.

What the law sets, and what is practice

The law and the practical advice are different things, so it helps to separate them.

What the Act sets out:

• A complaint is made in writing to the Internal Committee (IC), generally within three months of the incident, and the IC must help someone who cannot write it down (s.9).
• Conciliation is a step the committee may take, only if the woman asks for it, before an inquiry, and it cannot be based on a money settlement (s.10).
• The identity of the parties and witnesses, and the contents of a complaint, are confidential (s.16).
• The employer must treat sexual harassment as misconduct and organise awareness at regular intervals (s.19).

Everything below is good practice and should be aligned with your own policy.

Principles for the first conversation

• Listen first. Let the person say what they want to say in their own words, and avoid interrupting or finishing their sentences.
• Stay neutral. Do not judge the person, the facts or the other party. Do not say "he would never do that".
• Be honest about what you can promise. Do not promise total secrecy. You can promise that you will treat it with care and share it only with the people who need to know.
• Say what happens next. Explain that there is a route through the Internal Committee, and who to contact.
• Note the basics. What was said or done, roughly when and where, and who else was present. Write down facts, not opinions.
• Follow up. Check that the person has been able to reach the route.

What to avoid

• Investigating it yourself. Do not interview witnesses or confront the other person. That is a process for the committee, with its own fairness safeguards.
• Trying to settle it informally. Resolution by conciliation belongs to the committee and the complainant's choice, not to a manager's quiet arrangement.
• Discouraging the person. Remarks such as "think about your career" or "let's not make this a big thing" can stop a genuine concern from being raised.
• Spreading it. Telling colleagues, or even senior people who do not need to know, breaches confidentiality.
• Treating the person differently afterwards. Changes to someone's work, ratings or opportunities after they have raised a concern can look like punishment, and can cause real harm. Good policies prohibit it.
• Deciding it is "not sexual harassment" on your own. Whether something falls within the Act is for the proper process. If you are unsure, take it to the IC or HR.

Informal and indirect concerns

Not every concern is a formal complaint. Someone may say they are uncomfortable but do not want it taken further. Even then, you should know what route exists, tell them about it, and ask HR or the committee for guidance on how to proceed. A manager should not quietly decide that nothing needs to be done.

A short self-check for managers

• Do I know who the Internal Committee members are, and where the policy is?
• Do I know the written route a team member would use?
• If someone spoke to me tomorrow, who would I contact?
• Have I been oriented, as a manager, on my part in this?

Where training helps

Reading principles is different from being ready when someone is sitting across the table from you. Our manager programme uses guided practice so that your people leaders can respond calmly and correctly. See POSH Training in India, or POSH Training for Employees for the wider team.

Related reading: What Constitutes Sexual Harassment at Work?

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Information on this website is for training and general awareness. It does not constitute legal advice. Organisations should obtain advice appropriate to their facts and applicable law.

Sources: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 — text of the Act and Rules.