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Employees - Sexual Harassment Policy

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1. Policy Statement

  1. We want to provide a safe and supportive working environment free from harassment, intimidation, aggression, victimisation, and coercion for everyone who works for us.
  2. Sexual harassment is unlawful under the Equality Act 2010. It is unacceptable and will not be tolerated.
  3. The law requires employers to take reasonable steps to prevent sexual harassment of their employees. We will ensure everyone understands the rules and policies for preventing harassing behaviour at work and during work-related social events. We must implement this policy, and all [employees] are expected to comply with it.
  4. We will treat all complaints of sexual harassment seriously. We will investigate them promptly and in confidence.
  5. We will review this policy at regular intervals.
  6. Instances of sexual harassment or victimisation may lead to disciplinary action up to and including termination of [employment].

2. Definitions of Sexual Harassment and Victimisation

  1. Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
  2. Sexual harassment also covers treating someone less favourably because they have submitted to, or refused to submit to, unwanted conduct of a sexual nature or in relation to gender reassignment or sex.
  3. Sexual harassment may be persistent or an isolated incident, obvious or subtle, face-to-face or indirect.
  4. Victimisation is subjecting an individual to detriment because they have done, are suspected of doing, or intend to do, an act which is protected under discrimination and harassment laws. These are:
    1. making a claim or complaint under the Equality Act;
    2. helping another individual to make a claim by giving evidence or information in connection with proceedings under the Equality Act; and
    3. making an allegation that someone has breached the Equality Act.

3. Unlawful Grounds of Sexual Harassment

  1. We will not tolerate sexual harassment, regardless of the grounds. This Policy will equally apply to work-related events, even if they occur away from the normal workplace.
  2. Harassment may be committed by a fellow employee or a third party and does not need to occur in person (for example, it can also occur digitally).

4. Reporting Harassment

  1. Employees have the right to complain if they are treated in a way that they believe constitutes sexual harassment or victimisation.
  2. Employees who make a genuine complaint under this policy will not be subjected to any unfavourable treatment or victimisation due to the complaint.

5. Witnessing Harassment or Victimisation

If an employee sees sexual harassment or victimisation, they are encouraged to take appropriate action to address it. If the employee cannot intervene, they should encourage the employee who is being harassed or victimised to report the incident or report the incident themselves.

6. Third party harassment

  1. We operate a zero-tolerance policy for sexual harassment of our employees by a third party (such as a client, supplier, or visitor). We will comply with the law requiring employers to take steps to prevent sexual harassment by third parties. All employees are encouraged to report any harassment involving a third party.
  2. We will [inform third parties of this policy] OR [describe other steps].
  3. If an allegation of harassment by a third party proves to be well-founded, we may:
    1. warn the individual about the inappropriate nature of their behaviour;
    2. ban the individual from our premises; and/or
    3. report the individual’s actions to the police.

7. Procedure for Complaints

  1. We will not allow sexual harassment or victimisation in our workplace.
  2. Any employee who feels that they have been subjected to sexual harassment or victimisation should raise the matter as soon as reasonably practicable.
  3. Employees can raise a complaint informally and/or formally. They should contact <<State Job Title>> or <<State Alternate Job Title>>.
  4. Before raising a formal complaint, the employee is encouraged to talk directly and informally to the person they believe is harassing them using the informal procedure below. It may be that the person whose behaviour is causing offence is genuinely unaware that their behaviour is unwelcome or causing distress and that a direct approach can resolve the matter without using the formal procedure.

8. Informal Procedure

  1. If the employee can do so, they should speak up when they feel harassed. It is important to be direct and for the employee to state explicitly that they feel harassed and that the behaviour is unacceptable. The employee can also discuss the matter with another colleague or their [line manager] and ask them to speak to the harasser on their behalf.
  2. If the employee feels unable to speak to the harasser directly, they could write a letter identifying the offending behaviour and requesting that it stop immediately. The employee should sign and date any letter and keep a copy for any possible future formal complaint. It is also advisable that the employee keep an ‘incident diary’ of any offending behaviour.
  3. If the informal procedure has not resolved an employee’s complaint, the employee can raise a formal grievance.

9. Formal Procedure

  1. Any employee who feels that they have been subjected to sexual harassment may at any time decide to deal with the issue through formal procedures (using our grievance procedure), regardless of whether informal steps have been taken or not.
  2. When bringing a complaint of sexual harassment, the employee should state:
    1. The name of the person whose behaviour is believed to amount to sexual harassment;
    2. The behaviour that is causing offence, with specific examples;
    3. Dates and times when incidents of sexual harassment occurred;
    4. The names of any employees who witnessed any incidents;
    5. Details of any action the employee has taken to try and address the harassment.
  3. We will investigate any complaint thoroughly and fairly.
  4. An employee accused of sexual harassment will be informed of the exact nature of the complaint against them and given a full opportunity to give their version of events.
  5. During the investigation, we may suspend or temporarily redeploy the employee making the sexual harassment complaint or the employee suspected of sexual harassment. Suspension will be on full pay and is not a disciplinary sanction. As soon as the investigation is complete, we will inform the employee suspected of sexual harassment of the outcome and decide if it is appropriate to start disciplinary proceedings.
  6. After the investigation, a report of the findings will be submitted to the manager, who will hold a grievance meeting in accordance with our grievance policy. The employee who has made the complaint will be invited to the meeting to discuss the matter.
  7. If, following the hearing, it is decided that the allegation is well-founded, the harasser will be subject to disciplinary action up to and including dismissal in accordance with our disciplinary procedure.
  8. We will ensure that employees are not discouraged from using this procedure and that no employee is victimised for making a complaint.

10. Consequences of Breach

  1. Sexual harassment or victimisation may constitute gross misconduct, punishable by summary dismissal without notice.
  2. Harassment may also constitute a criminal offence punishable by a fine and/or imprisonment.

11. Responsibilities

  1. We require all employees to behave appropriately and professionally at all times.
  2. All employees are responsible for their own behaviour and should always comply with this Policy.
  3. All managers are responsible for implementing this Policy and bringing it to employees' attention.
  4. Any complaints under this Policy brought to the attention of a manager must be dealt with promptly, confidentially, fairly and consistently.

12. Training

  1. We will provide training on sexual harassment and victimisation.
  2. We will provide training for managers on implementing this policy.

13. Confidentiality

  1. We will treat any complaint received under this Policy confidentially.
  2. All employees involved with an investigation are required to respect the need for confidentiality.
  3. The Company will maintain records of investigations into alleged incidents of sexual harassment and the outcome of the investigations. These records will be kept in confidence in accordance with our Data Protection Policy.
  4. Any breaches in confidentiality will be subject to disciplinary action.

Last updated 30/10/2024

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