Gender Minister Olivia Grange is reminding employers and persons in charge of institutions that the deadline to develop and implement their anti-sexual harassment policies is June 31.

This follows the commencement of the Sexual Harassment (Protection and Prevention) Act which took effect on July 3, 2023.

“It is vital that every workplace and institution puts in place a policy statement within 12 months of the commencement date of the act. The effect of this is that no workplace or institution has the luxury of choosing when to effect compliance with this part of the legislation,” Grange explained.

The minister further urged employers and heads of institutions who have not yet completed their policies to make the necessary effort to have them implemented before the June 31st deadline to avoid penalties.

She explained that the anti-sexual harassment policies should follow the sexual harassment framework document set out in the first schedule of the act.

The anti-sexual harassment act should include:

• The policy should be in accordance with the Sexual Harassment Framework Document set out in the First Schedule of the Act.
• It should include a definition of sexual harassment which is consistent with the Sexual Harassment (Protection and Prevention) Act.
• It should include a statement to the effect that workers, clients, students, residents, wards, inmates, patients, or members, as the case may be at or of the institution are entitled to an environment that is free of sexual harassment.
• It should state that disciplinary measures, as are appropriate, shall be taken against any person under the direction of the employer, or the person in charge of the institution, who subjects any worker, client, student, resident, ward, inmate, patient, or member, as the case may be, to sexual harassment and that due process shall be exercised in this regard.
• The sexual harassment policy for respective workplaces and institutions should also outline the internal mechanisms and procedures that are available to a worker, client, a student, a resident, a ward, an inmate, a patient or a member, as the case may be, for the making of any complaint relating to sexual harassment and the resolution and settlement of the complaints.
• The policy should explain the disciplinary measures that may be taken in respect of sexual harassment.
• It should also include a statement to the effect that the employer, or person in charge of the institution, shall not disclose any information relating to a complainant or the circumstances of a complaint to any person, except where the disclosure is necessary for the purposes of investigating the complaint or taking disciplinary action in relation to the complaint.
• It should inform the workers, clients, students, residents, wards, inmates, patients, or members, as the case may be, of their right to seek redress from the Tribunal under Sexual Harassment (Protection and Prevention) Act.
• Subject to section 27(5), of the Act, the policy should include a statement to the effect that a complainant shall exhaust all internal mechanisms and procedures that are available to the complainant before making a complaint to the Tribunal.
• Section 27(5) allows the Tribunal to grant leave to a person to make a complaint without exhausting all internal mechanisms available to her/him in the workplace or institution. This may be permitted in specific circumstances, for example if the person can satisfy the Tribunal that she/ he may be prejudiced by using the internal mechanisms or that there are no adequate internal mechanisms to address her/his complaint.