The framework 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 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.
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, and sexual assault or rape.
All employees, contractors, agency staff, volunteers and temporary workers are expected to comply.
Amanda Pritchard, NHS chief executive, said: ‘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.'
She added: ‘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.
In addition, NHS staff are 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.
Navina Evans, NHS England's chief workforce officer, added: '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 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.
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.
Steve Russell, NHS England's chief delivery officer, said: ‘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.'
Saffron Cordery, deputy chief executive of NHS Providers, said: 'Anonymous reporting and robust data on unwanted, inappropriate and harmful sexual behaviours in the NHS are essential, and we welcome the government's recognition of the need to introduce further pathways for triggering investigations into sexual misconduct.'
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: '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."
Professor Carrie Newlands, Co-lead of the Working Party on Sexual Misconduct in Surgery (WPSMS) said: ‘The WPSMS have worked closely with NHSE 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.'
