Initiating the conversation with the accused as a manager
As a manager, you have a duty of care towards all employees. This means you must consider the interests of the reporter, the person the report concerns (referred to below as the accused), as well as the rest of the organisation. This means that when taking steps, you must weigh the interests of all involved parties and the organisation.
A conversation with the accused may be necessary to gain further insight into the report and to determine possible next steps. It is important to conduct this conversation carefully and with proper preparation.
Preparation for the interview
Consider the following aspects beforehand::
- Relationship and position: What is the accused's position in the organization and the relationship with the reporter?
- History: Have there been similar allegations in the past?
- Facts: Which facts can already be verified? What do you know for certain?
- Measures: Are temporary measures possible and necessary to de-escalate the situation?
Tips for the conversation
- Be as clear as possible about the reason for the conversation and why it is important.
- Be aware that the report may come as a surprise to the accused and may evoke strong emotions.
- Ensure that the accused feels they are being listened to, regardless of the content of the report.
- Be clear about your own role. Explain your position and your responsibility towards all involved parties.
- Allow space for response and emotion. Give the accused the opportunity to share their side of the story and express their feelings.
- Discuss what the accused would like to do themselves to help resolve the situation.
- Inform the accused about how the process will continue, which next steps you will take as a manager, and possible consequences.
- Refer the accused to available support options (depending on the nature of the report), such as a confidential counsellor within or outside the organisation. Ensure the accused is aware that support is available.
If the accused indicates a need for guidance or support, they may confidentially share their story with a counsellor. Sometimes this may be with a confidential counsellor within the organisation — but never the same counsellor supporting the reporter or the manager — or with another professional. If no suitable confidential counsellor is available within the organisation, the accused may contact external confidential counsellors, such as those affiliated with Mores.
Follow-up Steps
Once the report has been mapped out based on conversations with both the reporter and the accused, possible follow-up steps can be determined. These can be informal or formal.
No further action: Both parties indicate that the conversation was sufficient and wish to leave the matter there.
Conversation between parties: The reporter and the accused resolve the situation through a mutual conversation.
Facilitation or mediation: Engage an independent mediator to guide both parties towards a solution.
Investigation: In serious cases, an internal or external investigation may be necessary to establish the facts.
Reporting to the police: If there is knowledge of criminal offences, such as sexual harassment or violence, it may be necessary to file a police report.
Contact
If you have doubts about the approach or need advice regarding a specific case, contact your organisation’s HR advisor or confidential counsellor. If this is not possible, you may contact one of Mores’ confidential counsellors.