The Protection Against Harassment of Women at the Workplace Act 2010 establishes a framework requiring organisations to have an internal complaints mechanism, and providing an external route where that mechanism fails or is not trusted.
What the organisation must have
Covered organisations are required to constitute an Inquiry Committee and to display the Code of Conduct. Where an employer has neither, that failure is itself significant and worth recording.
Two routes
A complaint may be made internally to the Inquiry Committee, or externally to the Ombudsperson. A complainant is not obliged to exhaust the internal route first where doing so would be futile or unsafe.
Which route is appropriate depends on the employer, the seniority of the person complained against, and whether the internal committee can realistically act independently.
Recording what happened
These cases turn on contemporaneous record more than anything else:
- Dates, times, locations and what was said or done, recorded as soon as possible
- Messages, emails and any written communication
- Names of anyone who witnessed the conduct or to whom you reported it
- Any change in your treatment, duties or appraisal after you objected
Retaliation
Adverse treatment following a complaint — transfer, demotion, sudden performance criticism, or dismissal — is a distinct issue and should be documented separately from the underlying conduct. It frequently becomes the stronger part of a case.
What to do next
Write down the chronology while it is fresh, preserve every message, and take advice on whether the internal or external route is more likely to produce a real outcome in your situation.