Managing a Sexual Harassment Complaint and Summary Dismissal

What was the HR situation?

HR Consultant’s Involvement and Actions

1. Immediate Triage & Risk Management

• Assessed the situation urgently to protect the complainant and business.
• Recommended temporary suspension of the alleged employee (with pay), after a suspension risk assessment and pending investigation, minimising risk to wellbeing and limiting further liability.
• Ensured the complainant received wellbeing support and a named contact for updates.

Value Added: Enabled the employer to act quickly and lawfully, ensuring a safe working environment and signalling seriousness. Assisted with drafting all written correspondence. Mentored the Organisation through the process.

2. Investigation Process

• Designed and led a fair, prompt, and confidential investigation in line with ACAS guidelines and the Organisation disciplinary policy.
• Interviewed the complainant, the alleged harasser, and relevant witnesses.
• Collected digital evidence (emails, messages) with IT support and followed GDPR protocols.
• Produced a detailed investigation report with clear findings and recommendations.

Value Added: Maintained objectivity and legal compliance throughout, protecting both the complainant’s rights and the employer’s interests.

3. Disciplinary Hearing and Outcome

• Supported the employer in preparing and chairing a formal disciplinary hearing.
• Guided them through the principles of natural justice, employment law, Acas guidance, giving the accused a fair opportunity to respond.
• Based on the evidence and policy breach, the decision was made to summarily dismiss the employee for gross misconduct.

Value Added: Ensured the process was procedurally sound, reducing risk of unfair dismissal claims. Provided an independent note taker.

4. Post-Dismissal Actions

• Assisted in crafting clear, sensitive internal communications to address staff concerns and reaffirm workplace standards.
• Advised on steps to rebuild trust and reinforce a safe culture (e.g., refresher training on dignity at work and harassment policies).
• Recommended updating internal reporting mechanisms to encourage future concerns to be raised early.
• Planned and facilitated training.

Value Added: Strengthened the employer’s culture and futureproofed against similar risks.

What was the outcome and what were the key lessons?

• The dismissal was not contested at tribunal.
• The complainant remained in employment and expressed satisfaction with how the process was handled.
• Staff feedback reflected increased confidence in leadership’s commitment to a safe, respectful environment.
• Employer received positive acknowledgment from the governing board for handling a sensitive issue professionally.

• Early HR advice can de-escalate complex situations and prevent legal exposure.
• Independence and expertise in investigations enhance credibility and fairness.
• Values-based leadership combined with legal compliance builds long-term organisational trust.