It’s that time of the year again when organizations start gearing up towards completion of their POSH compliances. While most are seriously interested, companies like ours also receive some bizarre calls and requests. Here’s another one.
Caller: I am calling to ask if you conduct POSH programs?
Me: Yes we do. Tell me what you’re thinking and maybe I can suggest some options.
Caller: I have a query actually.
Me: Sure, please go ahead.
Caller: So when we get a complaint of sexual harassment, we immediately fire both people because workplace safety is very important for us and we don’t want such people working for us (strong, confident, proud voice). So if I am already doing that, do I need a committee and do I have to conduct these programs?
Me: Oh! Technically you shouldn’t be terminating employment of parties – whether they are complainant or respondent. You need to follow due process and then take action. So IC is needed.
Caller: Where is it written that I need to do all this?
Me: There are multiple provisions in the law which say that. The law is quite clear actually.
Caller: No, where is it written that I cannot ask them to resign and go. If they resign, they keep their CV clean, they keep my workplace clean and we all go away quietly and happily. I don’t technically fire them then.
Me (perplexed): I am not sure if they are going happily and if it’s creating a safe work environment. But if that’s where you are at, I guess I can’t really say more than what I have suggested earlier. What do you want from my end?
Caller: I need to know – do I really need an IC and do I really have to incur this cost of training them.
Me (still confused): Sir, as I mentioned earlier, there is a law in India. It provides for a process. Yes, it mandates you to have an IC. It mandates you to train them. It mandates you to follow a process when you get a complaint. It does not expect you to fire people without handling the complaint.
Caller: Hmm…anyway, I’ll get back to you.
Hung up!
Firing someone after they file a complaint or when a complaint is filed against them, without hearing them out, is not only unlawful but can also have serious negative consequences for your organization:
- Retaliation: The fired person may see it as retaliation, which is illegal. Retaliation claims can be a significant risk and can result in lawsuits, fines etc.
- Claims of wrongful termination and due process not being followed: This would mean not following the due process as prescribed under law. Again, high risk.
- Impact on Trust and Morale: Employees need to feel safe and supported. If they believe they can be fired for raising issues, it can lead to a toxic work environment, decreased morale, and a lack of trust.
- Poor Reporting: Such incidents will discourage people from reporting and increase toxicity. It will decrease work productivity.
- Unclear understanding of facts: Immediate firing means no clear idea of what really happened. What if more people have experienced it? What if there are other connected issues? They will all go unaddressed and may lead to future conflicts, complaints, toxicity etc.
You can refer to my other articles to read more anecdotes.