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POSH Confidentiality Declaration

The POSH confidentiality declaration is an undertaking signed by everyone who handles a sexual harassment complaint, from committee members and HR support staff to the parties and witnesses. It spells out what information must stay confidential, how records are handled and what happens if confidentiality is breached.

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[Company Logo][Company Name]

CONFIDENTIALITY DECLARATION – POSH PROCEEDINGS

Company:
[Company Name]
Complaint Ref. No. (if specific):
[Reference Number]
Date:
[Date]

Signatory Details

Name
Employee ID / Organisation
Designation
Contact Number
  • Presiding Officer / Member of Internal Committee
  • External Member
  • Complainant
  • Respondent
  • Witness
  • HR / Administrative support to the committee
  • Interpreter / Other (specify)

Undertaking

I, [Name], understand that I have been or may be given access to information relating to a complaint of sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the POSH policy of [Company Name]. In consideration of this access, I undertake as follows:

  1. I will not disclose, publish or discuss the identity, address or any identifying detail of the complainant, respondent or witnesses.
  2. I will not disclose the contents of any complaint, reply, statement, evidence, minutes, conciliation, report, recommendation or action taken.
  3. I will not discuss the matter with colleagues, family, the media or on social media, messaging groups or any online platform.
  4. I will store case documents only in [approved locked cabinet / encrypted folder], will not keep copies on personal devices, and will not print or forward material without the committee's approval.
  5. I will use only the case reference number, not names, in email subject lines and file names.
  6. I will return or destroy all case material in my possession when asked by the committee.
  7. This undertaking continues after the case is closed and after my employment or engagement with the company ends.
  8. I may disclose information only where required by law or a competent authority, and will inform the Presiding Officer before doing so where permitted.

Consequences of Breach

I understand that breach of confidentiality may attract penalties under the Act and rules as applicable, and disciplinary action under the company's standing orders, service rules or contract, which may include termination of employment or engagement.

Signatory
[Name]
Signature: ____________
Date: [Date]
Place: [Work Location]
Witnessed by
[Presiding Officer Name]
Presiding Officer, Internal Committee

What this template includes

  • Signatory category so one form works for all roles
  • Definition of confidential information: identities, contents, evidence, outcome
  • Rules on storage, printing, email and sharing of case files
  • Exceptions, such as disclosures required by law
  • Duration: confidentiality continues after the case and after employment
  • Consequences of breach under the Act and company policy

When to use it

  • When a new Internal Committee member or external member joins
  • Before HR or admin staff provide secretarial support to an inquiry
  • At the first hearing of complainant, respondent and witnesses
  • When an interpreter or IT person is given access to case material

How to customise this template

  1. 1Tick the signatory category or prepare role-specific copies
  2. 2Add the case reference for party and witness versions; leave blank for committee members' standing declaration
  3. 3Insert your IT rules on approved storage (encrypted folder, no personal devices)
  4. 4Translate into the signatory's language where needed
  5. 5Keep signed originals in the POSH master file

HR tips

  • Brief signatories orally too; a signature alone does not guarantee understanding
  • Restrict email subject lines to case numbers, never names
  • Re-sign at each reconstitution of the committee
  • Explain that publicising the outcome on social media is also a breach

The POSH Act, 2013 prohibits publication of certain information about complaints and provides consequences for breach; verify the current provisions and rules and have your legal adviser review this undertaking.

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Frequently asked questions

What information is confidential under the POSH Act?+

Broadly, the identity and addresses of the aggrieved woman, respondent and witnesses, the contents of the complaint, conciliation and inquiry proceedings, and the recommendations and action taken. Check the Act for the exact scope and exceptions.

Can general information about a case be shared?+

The Act allows dissemination of information about justice secured without disclosing identities or identifying particulars. The annual report is an example of anonymised disclosure.

Does confidentiality end when the employee leaves?+

No. The undertaking should continue to apply after the case closes and after the person's employment or engagement ends.