When to call HR and when to call the Police
Here’s a clear way to think about it, from both sides.
Why organisations often don’t encourage police reporting
Most organisations are set up to manage employment risk, not criminal harm. So their default response is internal:
- policies, investigations, disciplinary processes
- a focus on procedural fairness and liability control
- a belief (sometimes genuine, sometimes convenient) that internal action is “quicker” or “less traumatic”
What gets lost is that sexual harassment can cross the line into criminal behaviour, and once it does, HR processes are no longer the right primary tool.
An internal investigation cannot deliver justice, only workplace outcomes.
When is it appropriate to involve the police?
An employee should be clearly informed of their right to report to the police when the alleged conduct involves:
- sexual assault or attempted assault
- coerced sexual acts
- stalking or threats of sexual violence
- unwanted sexual touching that meets criminal thresholds
- harassment accompanied by intimidation, retaliation, or power abuse with criminal elements
- Digital / AI harassment by other employees
- Any inappropriate activity involving minors
The organisation does not decide whether something is criminal. Only the legal system does.
Pressure to manage internally
Many organisations avoid police involvement because it removes control, although control is not the same as care.
The real risk isn’t reputational damage from a police report but the long-term damage caused by employees realising that the organisation knew this was serious, and they still wanted to keep it quiet.”
The employee’s path: managing expectations early
Employees are often implicitly promised outcomes the organisation cannot legally or practically deliver.
They need clarity on these things early:
1. Internal processes ≠ criminal justice
- HR can investigate policy breaches
- HR cannot determine guilt, compel evidence, or impose criminal sanctions
2. Parallel paths are possible
An employee can pursue:
- a police report
- a workplace complaint
- a civil claim
These are not mutually exclusive (though they can interact)
3. Control sits with the employee
The decision to go to the police belongs to the complainant. The organisation should not:
- discourage
- delay
- frame police involvement as “extreme” or “unhelpful”
What employees deserve is to be given the possibility to make an informed choice, not quietly steered towards the corporate line.
The organisation’s path: what “appropriate” actually looks like
A responsible organisation should:
1. Explicitly state the option of police reporting
This should be clearly stated and not buried deep in policy in legal jargon, but clearly and neutrally communicated when allegations suggest criminal conduct. The policies should indicate clearly when certain conduct is illegal.
“This behaviour may meet the threshold of a criminal offence. You have the right to report it to the police. We can support you whatever you decide.”
That sentence alone changes power dynamics.
2. Separate support from process
Support should not be conditional on “keeping it internal”.
- HR should offer trauma-informed support and all involved in the reporting process should have received training to process grievances
- Employees should be offered access to external counselling
- Practical adjustments and accommodations should be offered based on the nature of the incident (leave, safety, reporting lines)
These should remain available whether or not police are involved.
3. Be honest about limitations
Organisations must stop over-promising outcomes like:
- “We’ll make sure this never happens again”
- “We’ll deal with it fully”
- “You’ll get closure”
What they can promise is:
- a fair internal process
- risk management within their control
- cooperation with law enforcement if required
4. Manage timing and evidence carefully
If police involvement is likely:
- avoid contaminating evidence through poorly run internal interviews
- seek legal guidance on sequencing, not to suppress reporting but to avoid undermining it
- do not pressure complainants to “wait until the internal investigation is complete”
The correct response is important
- Employees should be supported to make informed decisions, not channelled into internal-only processes
- Organisations should treat police reporting as a legitimate, sometimes necessary path, not a failure of HR; This option is better for HR because it allows them to be neutral
- Sexual harassment that crosses into criminal conduct demands a response bigger than policy
If organisations want trust, this is where it’s either built or can be permanently lost. Getting there is rooted in solid and clear policies, correct training and trauma-informed reporting systems.
