About this framework
In September 2023, NHS England published the sexual safety in healthcare organisational charter in collaboration with healthcare partners. The charter was developed by NHS England, lived experience organisations, professional bodies, employers and partners across healthcare. All NHS trusts and integrated care boards have signed the charter.
This framework sets out the outcomes from each principle in the charter and lists actions that would assure their delivery. The actions are recommended best practice.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 creates a duty on employers to take reasonable steps to stop sexual harassment in the workplace from colleagues and third parties. Using this framework will support boards to assure themselves against this legal duty.
We intend to develop this into a self-assessment framework for charter implementation assurance, and we welcome your comments about whether you think this would be helpful and any further support you need. Please email england.domesticabusesexualviolence@nhs.net
Charter principles 1 to 10: implementation assurance
Principle 1: we will actively work to eradicate sexual harassment and abuse in the workplace
Principle 2: we will promote a culture that fosters openness and transparency and does not tolerate unwanted, harmful and/or inappropriate sexual behaviours
Actions:
- have clear plans to focus the organisation on prevention and culture change
- set clear standards of behaviour in policies and enforce them
- core training for all staff and specialist training for those who need it
- communications campaign shared with all staff
- executive/board reporting, including on relevant data and learning
- embed tackling sexual misconduct and protecting the sexual safety of our workforce into all relevant business as usual areas – for example, training, contracts, induction and equality, diversity and inclusion (EDI) improvement plans
- clear signposting to policies and support services, which are easily accessible to all staff
- visible, senior leadership
- appoint domestic abuse and sexual violence lead
Outcome
- sexual misconduct, its prevalence, impact and how to eradicate it is discussed openly and appropriately within the organisation
- the executive board has agreed a suitable governance process to understand prevalence rates, staff experience and the outcomes of cases in their organisation
- data about prevalence, actions taken and learning from cases is shared across the organisation
- reduction in cases (recognising likely to be an initial increase due to increased confidence in reporting)
- reduction in staff saying in annual staff survey they have experienced sexual misconduct in the workplace
- increased confidence in the organisation at tackling sexual misconduct and improving safety for all staff
Principle 3: we will take an intersectional approach to the sexual safety of our workforce, recognising certain groups will experience sexual harassment and abuse at a disproportionate rate. For example, women, black, ethnic minority, disabled and LGBTQ+ groups
Actions
- complete equality impact assessment of sexual safety and misconduct work (including policies)
- engage through staff networks, EDI officials and experts by experience to ensure all cohorts of our staff are represented appropriately and robustly as part of this work
- use data from NHS staff surveys, cut by EDI metrics, to understand staff experience and inform iterative development of key products
- tailor responses to ensure they are appropriate for groups that experience sexual misconduct at a disproportionate rate
Outcome
- a clear understanding of the prevalence of sexual misconduct within different workforce groups
- support is tailored, appropriate and effective in tackling intersectional experience of sexual misconduct
Principle 4: we will provide appropriate support for those in our workforce who experience unwanted, inappropriate and/or harmful sexual behaviours
Actions
- information and resources are available on the intranet and staff are signposted to them regularly
- staff support structures, like the Employee Assistance Programme, have guidance on sexual misconduct processes and pathways to specialist support
- the support offer is monitored to inform continuous improvement and ensure appropriateness
- relevant policies are evidence based and informed by data and subject matter expertise
Outcome
- staff have knowledge of and access to a range of support tools and mechanisms that are iteratively reviewed and based on a growing evidence base
- specific and specialist support for those who experience sexual misconduct is embedded into organisational staff support structures
Principle 5: we will clearly communicate standards of behaviour. This includes expected action for those who witness inappropriate, unwanted and/or harmful sexual behaviour
Actions
- sexual misconduct policy is clear on standards of behaviour, the role of those who witness inappropriate behaviour, and any interactions with other relevant policies
- roll out communications campaign to all staff
- sexual safety and misconduct are comprehensively addressed in induction and all staff training
Outcome
- staff are clear about the standards of behaviour required in the organisation
- the organisation adheres to policies and applies them consistently
- staff feel empowered to take action should they witness or experience unwanted and/or harmful sexual behaviour
Principle 6: we will ensure appropriate, specific, clear policies are in place. They will include appropriate and timely action against alleged perpetrators
Actions
- publish a policy on sexual misconduct
- sexual misconduct policy is supported by flowchart and easy-read version and is easily accessible to all staff
- policies set out roles and responsibilities of people in the organisation, for example, HR and people professionals, safeguarding teams, freedom to speak up guardians, mental health first aiders, leadership, line managers
- policies are clear about action that needs to be taken against perpetrators, by whom, when and how
Outcome
- action is always taken against perpetrators, and in line with policies
- clear, evidence-based and trauma-informed processes are documented in policies
- all staff are clear on roles and responsibilities
- HR and people professionals are clear on the necessary steps required to take timely action against alleged perpetrators and this is part of their induction and ongoing training
Principle 7: we will ensure appropriate, specific, clear training is in place
Actions
- training is available for all staff to recognise and report sexual misconduct and to understand how to support colleagues (victims and witnesses)
- specialist training is available for those who need it to ensure effective support, reporting and investigations
- training is developed for managers to support culture change
Outcome
- training on sexual misconduct and sexual safety is accessible to all staff
- specialist training is accessible to those who need it
- staff knowledge and awareness of issues relating to sexual misconduct increases
Principle 8: we will ensure appropriate reporting mechanisms are in place
Actions
- policy outlines sexual misconduct reporting mechanisms, including anonymous reporting
- reporting mechanisms are widely communicated to ensure awareness
- Freedom to Speak Up infrastructure and training for guardians updated to include sexual misconduct
Outcome
- staff can report an instance of domestic abuse and sexual violence through multiple routes, including anonymously
- staff have confidence their disclosure will be treated confidentially (and understand where it might need to be shared for safeguarding reasons) and escalated appropriately
Principle 9: we will take all reports of sexual misconduct seriously, and appropriate and timely action will be taken in all cases
Actions
- clear actions and action-owners set out in the sexual misconduct policy
- timeframes for action set out in sexual misconduct policy
- ensure access to external investigators
- ensure access to external subject matter experts
- executive/board reporting, including on relevant data and learning
Outcome
- all reports of sexual misconduct are actioned following organisational policies
- staff have increased confidence to report concerns
Principle 10: we will transparently capture and share data on the prevalence of sexual misconduct and staff experience of sexual misconduct
Actions
- staff survey results are published and shared, with actions taken/to be taken to address issues and risks raised in the results
- executive/board reporting on cases, including relevant data and learning
Outcome
- executive board understands prevalence rates, staff experience and the outcomes of cases in their organisation, including impacts and any differences between different groups of staff and required actions
- staff have access to data on sexual misconduct prevalence in their organisation
Publication reference: PRN01561_iii