What the rules require
All employers must promote working conditions that prevent sexual and sex-based harassment and set up specific procedures to prevent it and handle complaints. Companies with fifty or more employees must draw up and implement an equality plan, negotiated and registered, based on a prior diagnosis.
A pay register is mandatory for all companies, and in certain cases a pay audit is required. Thresholds and requirements should be checked against current regulations for each organisation.
A protocol that works
A good protocol defines accessible channels, responsible people, confidentiality guarantees, timeframes, interim measures, how investigations are run and how they are closed. It must protect the person reporting and respect the presumption of innocence of the person accused.
Drafting matters, but implementation matters more: training those who run it, communicating it to staff and reviewing it periodically. A protocol nobody knows about is almost the same as having none.
Internal investigations
When a complaint arrives, the company must act quickly and methodically: interviews, evidence review, report and decision. I can lead or support investigations independently, documenting each step so the conclusion is robust.
My training in Psychology brings sensitivity to interviews without losing the legal rigour required of an investigation that may lead to a sanction or to court proceedings.
Equality plans with substance
The diagnosis should rest on real data: recruitment, promotion, pay, training, work-life balance. Measures should be concrete, measurable and respond to what the diagnosis shows, not to generic formulas.
I support setting up the negotiating committee, the diagnosis, negotiation, registration and follow-up.
When the protocol is triggered
Receiving a complaint is a delicate moment. The person reporting must be protected, retaliation prevented, interim measures such as shift or location changes considered, and confidentiality guaranteed — while also respecting the accused person’s right to know the allegations and respond. Mistakes at this early stage can compromise the whole investigation.
After the investigation, the decision must be consistent with its findings: disciplinary measures where appropriate, organisational changes, training or follow-up. Closing a case without explanation and sanctioning without sufficient evidence carry different risks, but both are real.
Training and culture
A protocol works when staff know it exists and trust it. Short training sessions for managers, a clear message from leadership and accessible channels matter as much as the text itself. I can design and deliver that training, tailored to the company’s size and sector.
What every company needs, whatever its size
All companies, regardless of headcount, must have a procedure to prevent sexual and gender-based harassment and to handle complaints. It must define who receives complaints, how they are investigated, the confidentiality guarantees and the protective measures available. A template downloaded and never adapted is not enough: inspectors and courts look at whether it is known by staff and actually works.
Obligations from fifty workers
Companies with fifty or more workers must negotiate an equality plan based on a prior diagnosis, register it and monitor it. They must also have an internal whistleblowing channel under the whistleblower protection law, with a person responsible and guarantees against retaliation, and plan measures for equality and non-discrimination of LGTBI people within the regulatory deadlines.
These obligations overlap, and a coordinated design avoids having three separate procedures that contradict each other.
Running an investigation
When a complaint arrives, the quality of the investigation determines everything that follows. It should be prompt, impartial and documented: hearing both parties, gathering evidence, protecting confidentiality and reaching a reasoned conclusion. Interim measures, such as separating the people involved, may be needed from the first day. A rushed or one-sided investigation can expose the company even if the final decision is correct.
Training and review
A protocol only works if people know it exists. Short training sessions for managers, clear communication to staff and periodic review after each case keep it alive and show that the company takes its obligations seriously.
Keeping records without breaching privacy
Every step of a complaint should leave a trace: date received, people heard, evidence gathered, measures adopted and conclusion. At the same time, the information is sensitive and must be handled under data protection rules, with access limited to those who need it and retention periods defined. A protocol that sets out these rules in advance avoids improvising when the first case arrives, and gives the people involved confidence that what they say will be treated with care.
Useful documents for a first review
- Headcount per site
- Any existing protocol or plan
- The pay register
- Employee representation
- Existing reporting channel
- Any recent complaints or incidents
What to expect from the first conversation
In our first contact you tell me what happened and what worries you. I will tell you whether any deadline requires immediate action, which documents to gather and, broadly, which routes are available. If we decide to work together, you will receive the scope of the engagement and the fees in writing before anything starts.
You do not need to have everything in order or know the legal name for your situation — that is precisely my job. The one thing that matters is not letting time slip by when deadlines are involved. I work in Spanish, Catalan and English.
Frequently asked questions
Does a small company need a harassment protocol?
Yes. The duty to prevent sexual and sex-based harassment and to have procedures in place applies to all employers.
Who negotiates the equality plan?
The company and the legal employee representatives or, where there are none, the most representative unions under the applicable regulations.
Can an external person investigate a complaint?
Yes, and it often adds independence. Whatever the protocol provides must be respected.