Jun 24 2025 | theoutcastcollective
As organisations strive to build safer and more equitable workplaces, the integrity of internal complaint mechanisms—especially under the Prevention of Sexual Harassment (POSH) Act—is coming under increasing pressure. A growing challenge that HR and ER professionals must now contend with is forum shopping: a tactical move by complainants to sidestep formal redressal channels in search of a more favourable outcome.
This behaviour, while rooted in the legal domain, is fast becoming a disruptor in internal workplace investigations, undermining both process credibility and outcome legitimacy.
What is Forum Shopping in the Context of POSH and Workplace Investigations?
In HR/ER investigations, forum shopping refers to situations where an employee:
- Bypasses the Internal Committee (IC) or HR team and escalates directly to the CEO, CHRO, or Managing Director;
- Simultaneously submits the same complaint to different internal forums (HR, Ethics, Compliance, and Business Leaders);
- Applies external or hierarchical pressure with the intent to accelerate or influence the inquiry;
- Seeks out alternate internal forums when dissatisfied with how one is handling the case.
While sometimes triggered by emotional distress or a lack of clarity, this tactic may also be a calculated attempt to control or manipulate the process.
Why Forum Shopping Threatens the Integrity of POSH Investigations
For HR and ER professionals, forum shopping is not just a procedural inconvenience—it’s a threat to:
- Due process and the rule of law within the organisation;
- Autonomy of the Internal Committee and other grievance redressal bodies;
- Confidentiality and neutrality of the investigation;
- Legal defensibility of the final outcome in court or during audits.
Allowing multiple touchpoints for a single complaint opens the door to inconsistency, bias, and a perception of unfairness—all of which erode employee trust in the organisation’s redressal system.
How to Identify Forum Shopping Early
HR and ER professionals should watch out for red flags such as:
- Complaints being emailed to senior leadership despite an active inquiry;
- The same issue being raised in multiple forums (Ethics, IC, HRBP, etc.);
- Informal “side conversations” with leadership about an ongoing case;
- Attempts to use external influence (e.g., social media, legal threats) prematurely.
Early detection is key to preventing process derailment.
3 Proven Strategies to Curb Forum Shopping in the Workplace
1. Communicate with Clarity and Consistency
- Regularly educate employees about POSH procedures, complaint channels, and timelines.
- Make it clear that once a formal process has started, it must be allowed to conclude without interference.
- Use onboarding, refresher training, and internal campaigns to reinforce this message.
2. Centralise Oversight of Workplace Complaints
- Implement a central complaint tracking system via HR tech platforms or a Compliance Cell.
- Ensure all grievances are logged, monitored, and routed correctly to prevent duplication or overlap.
- Give visibility only to authorised personnel, protecting the confidentiality and neutrality of the process.
3. Empower and Protect Investigative Authorities
- Train POSH IC members, HR, and ER teams on investigative best practices and legal compliance.
- Shield the inquiry team from undue pressure—whether from leadership or external influences.
- Establish a policy-backed framework where escalation doesn’t equate to decision override.
Building a Culture That Respects Due Process
Forum shopping, if left unchecked, can derail even the most robust POSH frameworks. For HR and ER leaders, the goal must be to foster a culture of procedural integrity—where employees trust the system, investigators feel secure, and outcomes stand on both ethical and legal grounds.
By proactively addressing this issue, organisations not only strengthen their POSH compliance but also demonstrate a real commitment to fairness, equity, and psychological safety at work.
Key Takeaways for HR and ER Leaders:
- Forum shopping is on the rise and must be addressed head-on.
- A centralised, transparent, and policy-driven approach is critical.
- Protect your investigators and preserve the neutrality of your grievance redressal process.
- Communicate clearly, consistently, and often.
Take the first step today. Schedule an exploratory consultation via WhatsApp at +91-9372177748 or email lakshmi@theoutcastcollective.com with our DEI experts and start building a workplace where everyone belongs.