18 Oct 2024

NHS England launch national guidance on tackling and responding to sexual misconduct at work

In addition to a new NHS England sexual misconduct policy, NHS England has launched a new Sexual Misconduct Policy framework and supporting Assurance Framework for ICBs and trusts to adopt and adapt, ensuring that any member of staff who has experienced inappropriate and/or harmful sexual behaviours at work is supported by their employer.

From 26th October, there is a new legal duty on employers to take reasonable steps to prevent sexual harassment under the new Worker Protection (Amendment of Equality Act 2010) Act 2023.

In order to meet the new legal duty, NHS England is also encouraging staff across the NHS to complete the new e-learning module on understanding sexual misconduct in the workplace which can be accessed here.

These products are all available here, including a letter sent to all organisations on the launch of the new guidance by the leadership team. NHS England has also updated their website to highlight wider support available for colleagues affected by sexual misconduct. This includes an important development of an online reporting form which allows incidents to be reported anonymously.

The BOA has signed up to NHS Sexual Safety Charter and the BMA joint pledge to end sexism and are working to meet their commitments.  

 Working with NHS and other employers, regulators and other surgical bodies, the BOA will continue to address failures by members of our profession and others to change the culture. To this end, earlier this year the BOA published a Code of Conduct and Statement of Expectations. These were again promoted at the BOA Congress in September and can be viewed using the links below.

  1.  BOA Code of Conduct
  2.  BOA Statement of Expectations

We cannot continue in an environment where victims are afraid to report the behaviour of colleagues, especially of those in positions of power over their future career, and where the response to reported incidents by employing organisations remains so inadequate. 

Other information, including advice and guidance on how to report issues if directly affected or as a manager or bystander, direct support services and confidential advice lines can be found at: www.boa.ac.uk/code-of-conduct.