If you are a Complainant or a Respondent in a PoSH enquiry, it can be a challenging and emotionally traumatising experience for you having to handle the enquiry proceedings on your own and represent yourself.
You can depend on Promise Consultancy to support you in these trying times. by understanding the peculiar factual matrix index of the case how best to assist you in your representation with a proper balance of sensitivity, legality and due process so you can achieve the best outcome you are seeking.
Legal Knowledge
We believe that every individual is entitled to fair representation and should not be labeled as guilty or innocent without due process. With our deep understanding of the PoSH Act and keeping abreast of current case laws, we can assist you in getting the relief that you are seeking.
Sensitivity and Confidentiality
Being a PoSH complainant or a respondent can be challenging to working individuals. In as much as you are seeking justice, the journey to that can feel lonely and sometimes confusing. We are sensitive to this and support you at the time of your need with the utmost confidentiality in handling all our interactions.
Clear approach
Sexual Harassment at the workplace is clearly an highly emotional subject. But for you to get relief through PoSH act is more legal and procedural and less emotional. Clients benefit from our clear thinking in how to fit their facts into proper complaints, arguments, and evidence, thus giving themselves a fair representation.
Interim Measures & Suspensions
As a PoSH complainant or respondent, you need to be aware of certain interim reliefs and actions that can be taken during the course of the enquiry. You need to be familiar with time frames within which you need to respond. We will guide you to obtain any interim relief possible and not be unduly penalized.
Malicious Complaints
It is an unfortunate reality that some complainants file false and malicious complaints for personal gains. Respondents to malicious complaints need a clear strategy and not be swayed by emotions to be able to defend themselves.
Long term consequences
When handling PoSH enquiries, the long term implications of how this will affect the careers of individuals and organizations involved have to be taken into account and handled with utmost care. We always take a 360 degree view and advise our clients to make well thought out decisions.
Who benefits from ourPoSHassistance?
If you are a PoSH complainant or are someone considering filing a complaint and if you need more guidance on the process or you are unsure if this is the right platform for you, you can reach out to us.
If you are a PoSH respondent and you are feeling that you need assistance to properly represent your case, or if you are facing a false or malicious complaint, you can reach out to us.
Complainants
Your company might have a ICC and you may also have attended one or two PoSH sessions conducted. When you are complainant, for you to properly represent yourself, you will need much more knowledge and guidance. Sometimes you might be deciding whether something is a PoSH related issue or a workplace harassment related issue and you would prefer talking to an unrelated third party to get clarity.
Respondents
From the moment a PoSH complaint is filed against you, you have limited time to be able to file your response and participate in the enquiry. You may not be in the right frame of mind to clearly separate facts from emotions in the complaint. You need the unbiased neutral third party view to crystallize your points so you can seek fair outcomes.
Managements
It just so happens sometimes that a business owner or the company’s top management is either a PoSH complainant or respondent. The ICC is mainly constituted for implementing PoSH policies and handle enquiries for employees. It requires a lot more nuance and sensitivity to handle the enquiry involving business owner or senior management.
Nuanced Approach to PoSH Act
The PoSH Act enacted in the year 2013, is still evolving and settling. What do we mean by evolving and settling is that it is still one of the newer Acts which will take several more years and more verdicts in the courts to get a more clear understanding of how the Act needs to be interpreted.
There are a lot of nuances and open to interpretation areas in the PoSH Act. The ICC within your organisation will lend assistance, but you may require some additional support and guidance for your representation.
Assisting you during the entire process
We can support you in drafting a complaint, evidence gathering, preparing and recommending for arguments and cross, preparing written responses and enable you to be confident in representing yourself.
We can also assist you in representing yourself in other platforms such as the Local Complaints Committee (LCC), Police and Courts if in case you need to do that for your particular situation. We stand with our clients every step of the way.
Coaching, Counselling and emotional support
As it is evident by now, the PoSH enquiry process can be quite procedural, legal and clearly evidence based. In all the process, your mental health should not get impacted.
You may need someone to process your thoughts, feelings and emotions with. We offer basic counselling and coaching services for you to achieve clarity of thought and be decisive in your course of action. In case of need for more in depth counselling or therapy, we can refer you appropriately.
Additional training and support
In many organizations, PoSH is seen as a compliance activity. This approach will work until an enquiry has to be conducted. If you feel that your organization needs more help in implementing PoSH policies and to bring in proper legal framework into handing PoSH matters, you can always refer us to your organization and we can take up that conversation.
If you are a current ICC member and feel unsure with handling enquiries you can also reach out to us and we will find a way to work with you or your organization.
Get the PoSH Assistance that you deserve
At Promise Consultancy we truly believe that every individual deserves fair legal assistance and their side of the story should be heard. Reach out to us if you also believe so.