Whether HR should be part of an Internal Committee?

One of the key aspects of PoSH compliance is setting up the Internal Committee and the first responsibility that falls on the shoulder of the Board and Management is the selection of the members. While we have addressed the selection and appointment of the External Member in some of our other blogs, today, we will be addressing the question, “Whether HR should be part of an Internal Committee?”

This is a topic of significant importance when it comes to addressing and preventing sexual harassment in the workplace. The IC serves as a crucial body responsible for investigating and resolving complaints impartially and ensuring a safe working environment. However, including HR in the IC raises concerns regarding impartiality, confidentiality, legal expertise, conflicts of interest, and employee perception.

In this comprehensive note, we will explore the reasons and rationale behind the recommendation to keep HR separate from the IC, highlighting the importance of maintaining fairness, independence, and trust in the process of addressing sexual harassment complaints.

Here is a comprehensive 5-point response to the question of whether HR should be part of an Internal Committee:

1. Impartiality and independence: The primary purpose of an IC is to investigate and address complaints of sexual harassment in a fair and unbiased manner. Including HR in the IC may create a conflict of interest, as HR is typically responsible for managing employee relations and may have a vested interest in protecting the reputation of the organization. To ensure impartiality and independence, it is important to have members in the IC who are not directly involved in personnel matters.
2. Confidentiality and trust: The IC should provide a safe and confidential space for complainants to come forward and share their experiences. Including HR in the IC may compromise the confidentiality of the process, as HR professionals often have access to sensitive employee information. This could deter employees from reporting incidents of harassment, fearing that their privacy may not be respected. Maintaining trust and confidentiality is crucial for encouraging victims to come forward and ensuring a thorough investigation.
3. Legal and procedural expertise: Handling sexual harassment complaints requires a deep understanding of the legal and procedural aspects of the POSH Act. While HR professionals may have some knowledge in this area, expecting them to fully comprehend and navigate the complexities of the law may be challenging. Including members with diverse backgrounds, such as legal professionals, psychologists, and employee representatives, ensures a comprehensive approach to addressing sexual harassment cases and promotes adherence to the legal requirements.
4. Conflict of interest: HR professionals are often the go-to individuals for employees to address various grievances within the organization. Including HR in the IC may create conflicts of interest, as they may be torn between their responsibilities to the organization and their duty to impartially address complaints. This dual role may hinder their ability to objectively handle sexual harassment complaints and may raise doubts about their impartiality. Separating HR from the IC helps mitigate these conflicts and ensures a fair and unbiased process.
5. Perception and employee Confidence: Perception plays a crucial role in the effectiveness of the IC. Employees need to have confidence in the IC’s ability to handle complaints impartially and fairly. Including HR in the IC may create a perception that the organization is not taking the issue of sexual harassment seriously or that the process may be biased in favor of the organization. By keeping HR separate from the IC, the organization can demonstrate its commitment to providing a safe and unbiased environment for employees to report incidents of harassment.

I would like to end this note with stating that to maintain impartiality, confidentiality, legal expertise, and employee confidence, it is advisable to keep HR separate from the IC. This ensures a fair and effective resolution of sexual harassment complaints, promotes trust among employees, and upholds the integrity of the process. By establishing an IC composed of members with diverse backgrounds and expertise, organizations can demonstrate their commitment to addressing sexual harassment in a comprehensive and unbiased manner, fostering a safe and inclusive workplace for all employees.

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Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.