NHS staff will be able to anonymously report incidents of sexual misconduct, as part of major plans to improve safety for staff across the health service.
In the first ever policy of its kind in the NHS, chief executive Amanda Pritchard has said she hopes that any member of staff who experiences sexual abuse will feel they can speak up and should have every confidence that they will be listened to, supported, and that appropriate action will be taken.
The new framework issued to local hospitals and available to adopt from today, outlines how those working in the health service should recognise, report and act on sexual misconduct in the workplace.
As part of the support package, there will now be an additional route for staff to report sexual abuse via an anonymous form if they do not feel comfortable disclosing their name and personal details but want the incident to be properly investigated.
It includes brand new guidance for those conducting investigations following a disclosure from a colleague, including forming a specialist review group with access to subject matter experts and independent investigators, and a detailed set of steps to ensure the right support has been offered.
All cases will be treated confidentially but throughout the investigations process, line managers and HR teams will have direct access to experts in sexual misconduct, including in safeguarding and those with lived experience. Employees can access support from new specially trained allies, and Freedom to Speak Up Guardians will also receive specialist training to bolster the support they can provide.
This is one of the most comprehensive public sector and employer packages to tackle sexual misconduct in the workplace, and all employees, contractors, agency staff, volunteers and temporary workers are expected to comply.
Amanda Pritchard, NHS Chief Executive, said: “For anyone who has experienced sexual abuse or misconduct at work, it is an extremely distressing and isolating experience, and so we must do everything in our power to ensure our staff feel able to speak up, and have absolute confidence that they will be given the support they need when they do.
“This new national policy will help colleagues right across the NHS to ensure they are taking the right steps in recognising, reporting and acting on sexual misconduct at work, and by introducing the option of anonymous reporting we are making it easier for staff to come forward to report issues – it marks our serious commitment to stamping out this horrendous behaviour.
“There is absolutely no place for sexual misconduct or abuse of any kind within the NHS – a place where staff come to work every day to provide compassionate care and support to others, and we know that women are more likely to be affected – this is unacceptable, and we must not tolerate it.
“While this is just one of the first steps to ending harmful sexual behaviour in the NHS, and more action is needed, I strongly encourage every leader across the NHS to look at how they adopt these measures from today, to ensure that when our staff come to work, they feel safe and supported – together we can make a difference.”
Staff who have experienced sexual abuse may be offered a range of pastoral support, including reasonable adjustments, and special leave if required.
Trusts are being asked to bring in additional senior level oversight with members of the executive board responsible for monitoring data on sexual misconduct, including the annual staff survey results.
NHS staff are also being urged to complete new training on how to recognise and respond to disclosures of sexual misconduct safely and appropriately.
The policy has been developed in partnership with staff who have lived experience, trade unions, colleagues in the voluntary, community and social enterprise sector, academics experts and system leaders.
The move comes on the back of a new legal duty on employers to prevent sexual harassment in the workplace which came into force earlier this month.
It also builds on the launch of the NHS Sexual Safety Charter which every NHS trust has now signed up to and is actively working to implement all ten principles to tackle unwanted, inappropriate or harmful sexual behaviour in the workplace.
In addition to signing the sexual safety charter, all NHS trusts and local health systems have been asked to appoint a domestic abuse and sexual violence (DASV) lead by NHS England – to review their local policies, training and guidance in relation to both domestic abuse and sexual violence – with almost 400 now in place across England.
The 2023/24 NHS staff survey for England showed that one in eight workers – around 58,000 – had reported experiencing unwanted sexual behaviour last year, while one in 26 reported experiencing similar harassment from a work colleague.
To improve data collection of incidents of sexual misconduct NHS England is investing up to £2.3 million in the development of a national domestic abuse and sexual violence data infrastructure, which aims to transform the way the NHS responds to domestic and sexual violence.
Steve Russell, NHS England’s Chief Delivery Officer, said: “The most recent NHS staff survey highlighted that sexual misconduct is a problem right across the health service with tens of thousands of workers experiencing sexual harassment from patients, relatives, and other members of the public.
“It is only right that we tackle this at a national level and provide NHS organisations with a unified policy and clear guidance that means incidents of sexual misconduct are dealt with equally and correctly across the whole system.”
Navina Evans, NHS England’s Chief Workforce Officer, said: “All staff have the right to feel safe at work and as employers we need to ensure that there are safeguards in place to protect those rights.
“This new policy framework reinforces our commitment to tackling sexual misconduct and harmful behaviour in the NHS and will help to ensure any member of staff who has experienced unwanted sexual behaviour at work is empowered to speak up and has safe reporting procedures in place.”
The new policy covers sexual misconduct connected to work or the workplace, which can include many things, such as:
- sexual comments or jokes
- unwanted touching or kissing
- showing sexual pictures
- staring at someone in a sexual way
- asking personal questions about someone’s sex life
- sexual assault or rape
Incidents of sexual misconduct taking place on NHS premises or elsewhere, such as virtual or physical environments that may not always be a designated workplace, are all included under this guidance.
Dr Becky Cox, Co-Founder of Surviving in Scrubs, said: “We are delighted to see NHS England’s new sexual safety policy, e-learning and resources published. These resources form the groundwork for any responsible healthcare organisation seeking to address the issue of sexual safety for their staff. We hope these will increase awareness of sexual safety and empower staff with the tools to support survivors and hold perpetrators to account.”
Duncan Craig OBE, Chief Executive Officer of We Are Survivors, said: “The e-learning and policy framework has put victims and survivors like me and others at the heart of the design and production process, ensuring that the information contained within is clear and relevant. I believe that every staff member should undertake this training because tackling sexual assault, abuse and misconduct is all of our problem and we are all part of the solution.”
Damien McGuinness, London Ambulance Service, said: “This new guidance is a trailblazing step in ensuring that all NHS staff are fully supported and protected by their employer.
“The London Ambulance Service has worked closely with NHS England and other partners in developing this guidance, and the NHS sexual safety charter that underpins it, and are committed to a zero-tolerance approach to sexual misconduct.
“Our workforce are the beating heart of the NHS, and it’s our responsibility to provide an environment where every member feels safe when they come to work.”
Professor Carrie Newlands, Co-lead of the Working Party on Sexual Misconduct in Surgery (WPSMS) said: “The WPSMS have worked closely with NHS England to help improve safety and support for targets of sexual misconduct. Access to anonymous reporting and independent investigation is vital, with analysis of accurate data being key to progress. We welcome this new guidance which represents a pivotal moment working towards culture and systemic change in the NHS.”
Deeba Syed, Senior Employment Lawyer, Rights of Women, said: “Rights of Women welcomes NHS England’s new Sexual Misconduct Policy and Framework, emphasising a trauma-informed and survivor-centred approach based on input from NHS workers. We support the involvement of regulatory bodies to prevent misconduct and stress the need for effective training and accountability. It is now essential to take all reports seriously, protect workers from retaliation, and establish an action plan to address root causes of sexual misconduct, fostering a safer, more equitable work environment for all in compliance with the Worker Protection Act 2024.”
Minister Karin Smyth said: “Nobody should be subjected to sexual abuse and it is vital NHS staff have the confidence to know they will be listened to and supported if they speak out.
“These proposals mark an important step in ensuring a safe workplace for all NHS staff.
“We are committed to reforming our broken NHS by creating a culture that allows whistleblowers to speak up, giving them the support they need and ensuring that their concerns are acted on swiftly and promptly.”
Mr Tim Mitchell, President of the Royal College of Surgeons of England said: “Sexual misconduct should have no place in healthcare, yet alarmingly, it is happening and too often targets feel afraid to come forward due to the perceived impact on their careers or a lack of faith in the system to take action.
“NHS England’s leadership and new guidance is a step forward to help ensure there is no room in the NHS for unacceptable behaviour. It is crucial to create an environment where targets and witnesses feel safe and supported in reporting incidents. The Royal College of Surgeons of England is doing its part by implementing a robust new code of conduct and trying to improve reporting and regulatory processes.”
