Confused by the PoSH Complaint Process? Here is a Simple Explanation o

Let’s address the elephant in the room immediately: Filing a sexual harassment complaint is scary. 

It doesn’t matter how “approachable” a company claims to be. The moment an employee decides to speak up about harassment, a hundred questions race through their mind: Will people believe me? Will I lose my job? Will everyone in the office gossip about this? 

At Kelp, we have seen this anxiety first hand. And often, the fear comes from the unknown.

Most employees (and even many managers) don’t actually know what happens after a complaint is dropped in the box or sent via email. Does it go to the CEO? Do the police show up? Does it turn into a courtroom drama? 

The truth is much less dramatic and much more structured. 

If you are an employee wondering about your rights or an HR leader trying to explain this to your team. We are removing away the legal confusion to explain exactly how the PoSH (Prevention of Sexual Harassment) complaint process works step by step. 

Step 1: The “Trigger” (Filing the Complaint) 

The process doesn’t start with a rumor or a whisper. It starts with a formal step. 

Under the law, the Internal Committee (IC) the group of people trained to handle these cases cannot act on guesswork. They need a complaint. 

How does it happen? The person who faced the harassment (called the Aggrieved Woman or Complainant) needs to submit a written complaint. 

• The Format: It doesn’t need to be a fancy legal document. A simple email or a typed letter works. 

• The Details: It should clearly say who did it (the Respondent), what happened, when it happened, and if there were any witnesses. 

• The Timeline: You have 3 months from the date of the incident to file this. (If you are late, you have to give a valid reason why). 

“Can I file anonymously?” This is the most common question we get at Kelp. The answer is generally no. The person you are accusing has a legal right to know who is accusing them so they can defend themselves. However, your identity is kept strictly confidential during the process (more on that later). 

Step 2: The First Response (Meeting the IC) 

Once the complaint is sent, the clock starts ticking. The IC cannot sit on it. 

Usually, within a week, the IC will invite the Complainant for a meeting. This isn’t an interrogation! It is an intake meeting. 

• They will ask: “Is this what you wrote? Do you want to add anything?” 

• They will check if the complaint actually falls under “Sexual Harassment.” (If the complaint is about a bad performance review, for example, the IC will redirect it to HR). 

A Crucial Choice: Conciliation At this stage, the IC might ask the Complainant: “Do you want to settle this through Conciliation?” 

What is Conciliation? It is a way to resolve the issue without a full investigation. 

• It IS: An agreement. Maybe the Respondent apologizes, agrees to undergo counseling, or moves to a different team. 

• It IS NOT: A monetary settlement. You cannot demand money here. 

If the Complainant says “No, I want a full investigation,” then the process moves to Step 3. 

 Step 3: The Inquiry (The Investigation) 

This is the core of the process. It is run by the principles of “Natural Justice,” which is a fancy way of saying “Fair Play.” Both sides get a fair chance to speak. 

Here is the typical sequence: 

• Copy to the Respondent: The person accused (the Respondent) is given a copy of the complaint. Yes, they get to read exactly what was written about them. 

• The Respondent’s Reply: They have 10 days to write back and give their side of the story. 

• Personal Hearings: The IC will call the Complainant and the Respondent separately for interviews.
  Note: Lawyers are usually NOT allowed in these rooms. This is an internal workplace matter, not a court case. 

 Step 4: The Witnesses and Evidence 

He-said, she-said situations are tough. That is why the IC looks for proof. 

• Witnesses: Did anyone see the incident? Did the Complainant tell a colleague right after it happened? The IC will interview them. 

• Evidence: WhatsApp screenshots, emails, CCTV footage, or even diary entries can be used as evidence. 

The Cross-Examination This sounds intense, but it is necessary. The Complainant can ask questions to the Respondent (through the IC) and vice-versa. This ensures no one is lying. The IC ensures this is done respectfully no shouting or intimidation is allowed. 

 Step 5: The Verdict (The Report) 

The PoSH law is very strict about time. The entire inquiry must be finished within 90 days. 

Once the interviews are done, the IC members sit together and look at the facts. They ask: “Based on the evidence, is it more likely than not that this happened?” 

They write a Final Report. This report goes to the Employer (Management) and also to both parties (the Complainant and the Respondent). 

 Step 6: The Action (Consequences) 

The IC doesn’t fire people. The IC recommends what should happen, and the Company must follow that recommendation. 

Scenario A: The Allegation is Proved If the person is found guilty, the punishment depends on how severe the act was. It could be: 

• A written apology. 

• A warning letter. 

• Stopping a promotion or increment. 

• Termination (Firing) from the job. 

Scenario B: The Allegation is NOT Proved If there isn’t enough evidence, the case is closed, and no one is punished. 

Scenario C: False/Malicious Complaint If the IC finds that the Complainant lied on purpose or forged evidence to hurt the Respondent, the IC can recommend punishment for the Complainant. (Note: Not having enough proof is NOT the same as lying. Lying requires proof of bad intent). 

 Key Protections You Should Know 

At Kelp, we emphasize that the “Process” is useless without “Protection.” 

 1.  Confidentiality is King: This is the golden rule of PoSH. The contents of the complaint, the identity of the witness, and the details of the inquiry cannot be published or told to the media/public. Even the final result is confidential. 

• Why? To protect the privacy of everyone involved. 

 2.  No Retaliation: If a manager tries to bully an employee because they filed a complaint (e.g., “I’ll make sure you get a bad rating”), that is illegal. The IC acts as a shield against this.

 3.  Interim Relief:  If the Complainant feels unsafe working in the same office as the Respondent while the inquiry is going on, they can ask for “Interim Relief.” The company can: 

• Grant paid leave to the Complainant (up to 3 months). 

• Transfer the Complainant or Respondent to another office. 

Frequently Asked Questions (FAQs) 

Q: Can I just tell my manager and not file a formal complaint? 

A: You can, but your manager is legally required to report it to the IC anyway. Sexual harassment cannot be “swept under the rug” or solved informally over coffee. Once the company knows, they must act. 

Q: What if the harasser is my boss or the CEO? 

A: The IC is an independent body. The law requires an External Member (an outsider) to be part of the IC to ensure there is no pressure from the top. The IC has the power to investigate anyone, regardless of their designation. 

Q: I left the company last month. Can I still file a complaint? 

A: Yes. As long as the incident happened within the last 3 months, you can file a complaint with the IC of your former workplace. 

Q: Does the ‘3 months’ rule apply if I was too scared to speak up earlier? 

A: If you have a valid reason for the delay (like severe trauma or health issues), the IC has the power to extend the timeline by another 3 months. 

Q: Is the IC just a group of employees? Do they know what they are doing? 

A: A valid IC must be trained. Companies partner with experts (like us at Kelp) to train their IC members on how to be neutral, empathetic, and legally accurate. 

A Final Note from Team Kelp 

Reading about this process can feel clinical. Step 1, Step 2, Step 3… 

But we know that for the person living through it, it is emotional. 

The PoSH Act wasn’t written to create paperwork it was written to create dignity. The process is designed to be swift (90 days) and private so that the workplace can return to normal as soon as possible. 

Whether you are an employer setting up this process or an employee navigating it, remember: Clarity is your best defense against fear. 

If you need help setting up your IC, training your employees, or handling a complex case, Team Kelp is here to guide you. Let’s make our workplaces safer, one step at a time.