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Navigating change: The NHS Sexual Safety Charter and support for staff under investigation

8 December 2023

In a significant move towards addressing workplace challenges, the NHS has introduced its first-ever Sexual Safety Charter. This framework, consisting of ten pledges, aims to provide better support for NHS staff who have experienced harassment or inappropriate behaviour and, notably, those under investigation. The charter emphasises clear reporting mechanisms, training, and support, reflecting a move to what is anticipated to be a more pragmatic response to workplace concerns.

Balanced commitments

The Sexual Safety Charter outlines ten commitments that healthcare organizations, including Royal Colleges, are encouraged to adopt. These include establishing clear reporting mechanisms, implementing training programs, and providing essential support for those involved in investigations. Additionally, every NHS trust and local health system in England will designate a domestic abuse and sexual violence lead to enhance support for both patients and staff.

Practical policies and training

NHS England is taking a proactive role by developing policies and support mechanisms to meet the charter's requirements. Signatories commit to additional training for managers to improve awareness and ensure proper investigation of allegations. This practical approach is intended to create a workplace culture that prioritises employee safety without relying solely on enforcement measures.

Systematic progress monitoring

To gauge the impact of the charter, the NHS staff survey will now include questions related to sexual safety. This systematic approach aims to monitor progress and assess the effectiveness of the initiative in creating a safer working environment. It reflects a commitment to accountability and transparency in addressing workplace challenges.

Endorsements and support

The Sexual Safety Charter has received endorsements from various stakeholders within the healthcare sector, including NHS Employers, Surviving in Scrubs, and the Royal College of General Practitioners. These endorsements signify acknowledgment of the initiative while recognising the need for collective efforts to instigate positive change within the NHS.

A call for participation

The Patient Safety Commissioner has endorsed the charter, emphasising the importance of healthcare organizations committing to and adhering to its principles. The call to action extends beyond NHS organisations, urging all healthcare institutions to actively contribute to creating a workplace where workers and learners feel safe.

Conclusion

We are often instructed by healthcare organisations and individuals in relation sexual misconduct allegations. Regardless of the circumstances, given the close proximity in the workplace, the investigations not only affect the complainant and the individual under investigation, but also their colleagues. It is imperative that investigations are conducted fairly, efficiently and with sensitivity and empathy for those involved.

The NHS Sexual Safety Charter represents a notable step towards addressing workplace challenges within the healthcare sector. By providing tangible support for staff under investigation and fostering a culture of awareness, education, and empathy, the charter acknowledges the need for a more pragmatic response to workplace issues. As the healthcare sector navigates this change, the charter sends a clear message that addressing workplace challenges requires a collective effort and commitment to creating a safer and more supportive working environment.

further information

If you have any questions or concerns about the topics raised in this blog, please contact Shannett Thompson and Antonia Szapary in our Regulatory team. 

about the authors

Shannett Thompson is a Partner in the Regulatory team and is the firm’s Training Principal. She has trained in the NHS and commenced her career exclusively defending doctors. She provides regulatory advice predominantly in the health and social care and education sectors.

Antonia Szapary joined Kingsley Napley in September 2023 as a Trainee Solicitor and is completing her first seat with the Regulatory team.

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