WHY EMPLOYEES DON’T SPEAK UP IN POSH INQUIRIES
When staying silent feels safer than speaking up
A POSH inquiry is not limited to the complainant and the respondent. In many cases, witnesses can provide important information that helps the Internal Committee understand the facts and circumstances of the matter.
Yet, when an employee is asked to share what they know, the first reaction is often:
“I don’t want to get involved.”
Why do employees hesitate to speak? And what makes a witness choose silence?
1. “I DON’T WANT TO TAKE SIDES.”
One of the biggest misconceptions is that giving a statement means supporting either the complainant or the respondent.
It doesn’t.
A witness is not expected to decide who is right or wrong. Their role is to provide relevant information based on what they personally know, observed, heard or experienced.
Being a witness is not the same as taking sides.
2. FEAR OF WORKPLACE CONSEQUENCES
Employees may worry about what happens after they speak.
They may fear:
- Strained relationships with colleagues
- Workplace politics or isolation
- Impact on their career or opportunities
- Being labelled as “against” someone
- Retaliation or uncomfortable working conditions
Sometimes, the fear of what happens after speaking becomes greater than the willingness to participate in the inquiry.
This is why organisations need to create an environment in which employees can provide relevant information without unnecessary fear or pressure.
3. “BUT I DIDN’T ACTUALLY SEE ANYTHING.”
Not every relevant witness is necessarily an eyewitness.
An employee may have personally:
- Heard a conversation
- Received a message or communication
- Observed an interaction
- Been present immediately before or after an incident
- Noticed something relevant about the surrounding circumstances
However, there is an important distinction between what a person personally knows or observed and what they have merely heard from someone else.
A responsible witness should clearly distinguish between the two.
For example:
“I personally saw this.”
is different from:
“Someone told me this happened.”
Both may require consideration in the appropriate context, but they should not be presented as though they are the same type of information.
4. THE FEAR OF CONFIDENTIALITY
Another reason employees hesitate is the fear that their statement may become office gossip.
The POSH Act contains confidentiality protections relating to the complaint, the identities and personal information of the aggrieved woman, respondent and witnesses, as well as information relating to the inquiry proceedings, recommendations and other matters specified under the law.
Section 16 restricts the publication or making known of such information, subject to the statutory framework.
This protection is important because employees are more likely to participate meaningfully when they understand that a POSH inquiry is not workplace entertainment or a matter for informal discussion.
5. “WHAT IF I’M WRONG?”
Witnesses may not remember every detail perfectly.
They may remember an incident differently from others or may be uncertain about certain facts.
That does not mean they should remain silent.
A witness can honestly say:
- “This is what I personally remember.”
- “This is what I personally observed.”
- “I am not certain about this part.”
- “I do not know.”
Honesty is more valuable than trying to provide an answer that sounds complete.
A witness should not speculate simply to fill gaps in their memory.
6. THE ROLE OF THE INTERNAL COMMITTEE
A witness should not feel that they are entering a courtroom where they have to prove someone’s guilt or innocence.
The Internal Committee’s role is to examine the complaint, relevant evidence and information available during the inquiry and arrive at its findings in accordance with the applicable legal framework.
The employer also has responsibilities under the POSH framework to assist the Internal Committee or Local Committee, as applicable, in dealing with the complaint and, where appropriate, in securing the attendance of the respondent and witnesses.
A fair inquiry requires an environment where witnesses can communicate relevant information without unnecessary pressure or intimidation.
7. WITNESSES SHOULD NOT BECOME INVESTIGATORS
Once an employee becomes aware of a POSH complaint, they should not start conducting their own investigation.
They should avoid:
- Collecting workplace rumours
- Questioning other employees about their statements
- Trying to “prove” someone’s story
- Sharing confidential information
- Discussing the inquiry in group chats
- Deciding who is telling the truth
The responsibility of examining the evidence belongs to the Internal Committee or Local Committee, as applicable.
A witness’s responsibility is to provide what they genuinely know—not to build a case.
8. SOMETIMES, SILENCE LEAVES IMPORTANT QUESTIONS UNANSWERED
A witness may stay silent because they are afraid, confused, uncomfortable or simply do not want to be involved.
But when relevant information does not reach the Internal Committee, important aspects of the situation may remain unexplained.
This is why organisations need more than just a POSH policy.
They need a workplace culture where employees understand that:
Speaking honestly is not taking sides.
It is contributing to a fair and fact-based process.
KEY TAKEAWAY
A witness does not have to choose between the complainant and the respondent.
They simply need to be honest about what they know, what they observed, what they remember and what they do not know.
A fair POSH inquiry does not require witnesses to take sides.
It requires them to speak honestly, maintain confidentiality and allow the Internal Committee to assess the evidence independently.
LEGAL NOTE
This article is intended for general awareness and educational purposes only and should not be considered legal advice. The applicability and procedure under the POSH Act, 2013 depend on the facts and circumstances of each case.