The purpose of this policy is to inform staff of our zero-tolerance approach to sexual harassment and to provide guidance on our legal obligations, what amounts to sexual harassment and how to report sexual harassment.  This policy also provides guidance for managers on how to deal with any sexual harassment by staff or third parties. 

All directors, managers and supervisory personnel are responsible for eliminating any harassment of which they are aware. Failure to take appropriate steps will be considered failure to fulfil all the responsibilities of the position and where appropriate, the Disciplinary Policy may be applied.

 

Harassment related to certain characteristics (such as age, disability or race) is also unlawful and will not be tolerated.  This policy specifically deals with sexual harassment and victimisation.  Further information on other forms of harassment and the procedure for reporting harassment which is not sexual in nature is set out in our separate Anti-Bullying and Harassment Policy

Appropriate disciplinary action, including dismissal for serious offences, will be taken against any person who violates this policy.

This policy does not form part of any contract and we may amend it at any time.

Who does this policy apply to?

This policy applies to all employees, Directors, temporary workers agency workers, (collectively “Staff”).  The policy distinguishes as necessary between employees and agency workers.

Definition of Sexual Harassment

Sexual harassment is unacceptable behaviour, taken by the recipient as being of a sexual nature, and which is unreasonable, unwelcome or offensive to the recipient. Sexual Harassment will not be permitted or condoned within the working environment or in any extension of the work place.

Sexual harassment is unwanted physical, verbal or non-verbal conduct of a sexual nature that has the purpose or effect of:

·       violating a person’s dignity; or

·       creating an intimidating, hostile, degrading, humiliating or offensive environment for them. 

It is not necessary for a person to directly receive sexually harassing behaviour, but to perceive that sexual harassing behaviour has occurred against someone else.

Sexual harassment also includes treating someone less favourably because they have submitted or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex, in the past.

Examples of sexual harassment:

 

The following are examples of sexual harassment are covered by this policy, this includes but is not limited to:

 

•      Physical conduct of a sexual nature: unwanted physical contact such as unwelcome touching, hugging, massaging, kissing or “horseplay”, even if not obviously sexual, including unnecessary touching or brushing against another person’s body.

 

•      Verbal conduct of a sexual nature: unwelcome sexual advances, propositions, or pressure of a sexual nature. (ie. suggestions that sexual favours may further a career or refusal may hinder it).

 

•      Display or circulation of sexually suggestive material such as the sending or displaying material which is pornographic, sexually explicit or that some people may find offensive (including, without limitation, emails, text messages, video clips and images sent by mobile phone or posted on the internet). This includes comments and material shared in WhatsApp (or equivalent message platforms) groups.

 

·       Insults, ridicule or teasing of a sexual nature (which the harasser may perceive as harmless). For example, comments such as “You look very sexy in that dress” may not appear offensive but it is of a sexual nature and therefore inappropriate.

 

·       Intrusive questions about a person’s private or sex life or a person discussing their own sex life.

 

·       Sexual comments or jokes or sexual gestures within WhatsApp groups regardless of “in house jokes”.

 

·       Suggestive looks, staring or leering.

 

It is important to understand that:

 

·       Conduct can amount to sexual harassment even if that was not how it was intended (e.g.  if it was intended as “horseplay” or “banter”). What one person sees as harmless fun could still be harassment even if that was not the intention. This will not be seen as an excuse for any inappropriate comments or behaviour.

·       A single incident can amount to sexual harassment.

·       There may be circumstances where the conduct was not unwanted in earlier stages but at some point oversteps the mark and becomes sexual harassment. 

·       A person may be sexually harassed even if they were not the intended target. 

 

Victimisation

 

Victimisation may also occur in the context of sexual harassment.  Victimisation includes subjecting a person to a detriment because they have done, or are suspected of doing or intending to do, any of the following protected acts:

 

•      Bringing proceedings under the Equality Act 2010

•      Giving evidence or information in connection with proceedings under the Equality Act 2010

•      Doing any other thing for the purposes of or in connection with the Equality Act 2010

•      Alleging that a person has contravened the Equality Act 2010.

 

Examples of victimisation:

 

•      Denying someone an opportunity because it is suspected that they intend to make a sexual harassment complaint.

•      Excluding someone because they have raised a grievance about sexual harassment.

•      Failing to promote someone because they accompanied another staff member to a grievance meeting.

•      Dismissing someone because they gave evidence on behalf of another staff member at employment tribunal.

•      Refusing to provide a reference, or giving a bad reference, for an ex-employee because they raised a sexual harassment complaint.

•      Not offering assignments to temporary workers due to action they may be intending to take against a client

 

Consequences

 

Sexual harassment (including less favourable treatment) and victimisation are unlawful and will not be tolerated.  Any action amounting to sexual harassment or victimisation may lead to disciplinary action up to and including dismissal if they are committed:

•      At work;

•      During any situation related to work, such as at a social event with colleagues;

•      Against a colleague or other person connected to us outside of work, including on social media; and/or

•      Against anyone outside of work where the incident is relevant to your suitability to carry out your role.

 

Third party sexual harassment

 

In the case specifically of sexual harassment by law employers have additional responsibilities to take steps to prevent sexual harassment in the workplace or an extension of the workplace such as on third-party premises or in a social environment.

 

Third-party harassment occurs where a person is harassed or sexually harassed by someone who does not work for, and who is not an agent of, the same employer, but with whom they have come into contact during the course of their employment.  Third-party harassment could include, for example, unwelcome sexual advances from candidates in the office, from a client, temporary workers on assignment, customer or supplier visiting the employer’s premises, or where a person is visiting a client, customer or supplier’s premises.

Third-party sexual harassment can result in legal liability and will not be tolerated.  In line with our legal duty, we will take action to prevent sexual harassment by third parties. 

All Staff are encouraged to report any incidents of harassment that occur by third parties. In the case of candidates appropriate action will be taken such as banning them from the office, no longer offering work and where appropriate, reporting to the police. In the case of clients it is important that any instances are immediately reported to line management in order for this to be escalated directly to the client’s senior management for it to be dealt with under their own policies.

 

Any sexual harassment by a member of staff against a third party may lead to disciplinary action up to and including dismissal. 

If you witness sexual harassment or victimisation

Staff who witness sexual harassment or victimisation are encouraged to take appropriate steps to address it.  Depending on the circumstances, this could include:

 

•      Intervening where you feel able to do so.

•      Supporting the victim to report it or reporting it on their behalf.

•      Reporting the incident where you feel there may be a continuing risk of re-occurrence. 

•      Co-operating in any investigation into the incident.

 

All witnesses will be provided with appropriate support and will be protected from victimisation.

 

Complaints Procedure

 

We encourage staff to raise sexual harassment concerns using our formal complaints procedure below. Staff need not fear that they will be victimised for forwarding a complaint of harassment.

Staff who are the victim of retaliatory behaviour when they have raised complaints about or given evidence about harassment are protected, and appropriate action will be taken against perpetrators

 

In many cases, it will not be appropriate to deal with sexual harassment concerns informally.  However, if you feel that your sexual harassment concern is a matter which could be dealt with informally, we suggest discussing your preferred approach with your director first to ascertain whether informal resolution is appropriate and for guidance on how to resolve your concerns. 

In the case of temporary workers who have concerns regarding sexual harassment on a Client site in the first instance this must be raised using the agency workers  complaints process as well as notifying the client’s HR department

If it is agreed that informal resolution is appropriate, you should explain clearly to your harasser that their behaviour is not welcome and makes you feel uncomfortable.  It may be appropriate for your director to discuss your concerns with the harasser on your behalf, to facilitate the meeting or to arrange a mediation. 

For Agency workers the agency will liaise with our client on your behalf and where appropriate, we will support any investigation required and provide any details required.

If an informal approach does not immediately resolve the issue or if the harassment continues a complaint under the procedure should be made as follows:

Formal procedure   

The formal complaints procedure can be invoked at any stage.

If you have concerns about sexual harassment or victimisation, you should report the alleged act to your Managing Director  . If the matter concerns your Managing Director the complaint should be made to the TRVG HR department

We would ask that this is submitted in writing if possible. Your written complaint should set out full details of the conduct in question, including the name of the harasser and/or the person(s) you believe victimised you, the nature of the sexual harassment and/or victimisation, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.

As a general principle, the decision whether to progress a complaint is up to you.  However, we have a duty to protect all staff and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.

 

All complaints will be handled in a timely, confidential and sensitive manner. We will generally follow the procedure outlined below, although we may deviate from this where required due to the nature of the complaint:

 

•      We will arrange a meeting with you, usually within one week of receiving your complaint, so that you can give your account of events.  If you are an employee, you will have the right to be accompanied by a colleague or a trade union representative of your choice, who must respect the confidentiality of the investigation.

 

•      Where your complaint is about an employee, we may consider suspending them on full pay or making other temporary changes to working arrangements pending the outcome of the investigation, if circumstances require.  The investigator will also meet with the alleged harasser to hear their account of events.  They have a right to be told the details of the allegations against them, so that they can respond.

 

•      Where your complaint is about someone other than an employee, such as a candidate, agency worker, client or visitor, we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person.  Where appropriate, we will attempt to discuss the matter with the third party.

 

 

•      It may be necessary to interview witnesses to any of the incidents mentioned in your complaint.  If so, the importance of confidentiality will be emphasised to them.

 

•      At the end of the investigation, we will update you as to the findings, and if applicable arrange a meeting with you, in order to discuss the outcome and what action, if any, should be taken.  If you are an employee, you have the right to bring a colleague or a trade union representative to the meeting.  A copy of the report and the findings will be given to you and to the alleged harasser.

 

 

In the case of agency workers we will contact our client to inform them of the allegation so that they will be able to follow their own internal investigations and consider the matter appropriately.  We will also support any investigation, where appropriate.

 

 

Where possible, on conclusion of any investigations we will advise you of any outcome.

 

 

 

Aggravating factors

Aggravating factors such as abuse of power (e.g. abuse of power over a more junior colleague) will be taken into account when deciding what level of disciplinary action should be taken. Any other aggravating features will also be considered when deciding on disciplinary sanctions for breaches of this policy.

Action following the investigation

If the senior manager considers that there is a case to answer and the harasser is an employee, the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure.  Our investigation into your complaint may be put on hold pending the outcome of the Disciplinary Procedure. 

Where the disciplinary outcome is that sexual harassment occurred, prompt action will be taken to address it.  Details of potential disciplinary sanctions, up to and including dismissal without notice, are outlined in our Disciplinary Procedure.  If the harasser is a third party, such as a candidate or client, we will consider what action would be appropriate to deal with the problem.

Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the person concerned if they remain working for, or with, us.

We take these matters very seriously.  However malicious complaints of sexual harassment can have a serious and detrimental effect upon a colleague.  No disciplinary action will be taken against employees simply because a complaint is not upheld, but any untrue allegation of sexual harassment made in bad faith (i.e.  without an honest belief in its truth) will be regarded as potential gross misconduct.  We are sure that you will appreciate that this is necessary to protect the integrity of the policy.

Preventing sexual harassment

We understand the importance of taking anticipatory action to prevent sexual harassment.  The law requires us to take reasonable steps to prevent sexual harassment of our workers in the course of their employment or engagement. We will conduct regular risk assessments to assess the risk of our workers being subjected to sexual harassment, including the risk of sexual harassment by third parties.  If a risk of sexual harassment is identified, we will take steps to minimise this risk.

If any sexual harassment or victimisation of staff occurs, we will take steps to remedy any complaints and to prevent it happening again.  These may include updating relevant policies, providing further staff training and taking disciplinary action against the perpetrator, where appropriate.

If any third-party harassment of staff occurs, we will take steps to remedy any complaints and to prevent it happening again.  These may include warning the harasser about their behaviour, banning them from working with us or from our premises, reporting any criminal acts to the police, and sharing information with other parts of the business. 

Appeals

If you are not satisfied with the outcome of your complaint, you may appeal in writing to your director who will appoint a third party to listen to your appeal, stating your full grounds of appeal, within one week the date on which the decision was sent or given to you.  After receiving an appeal, we will usually take the steps listed below, although we may deviate from this where required due to the nature of the complaint:

 

•      We will hold an appeal meeting, as soon as is possible. If you are employee, you have the right to be accompanied by a colleague or trade union representative in the meeting

 

•      We will confirm our final decision in writing, within a reasonable timeframe of the appeal hearing.  Where applicable, we will keep you updated.  This is the end of the procedure and there is no further appeal.

 

Criminal behaviour

Some acts of sexual harassment may also amount to a criminal offence.  In these circumstances, we may discuss the possibility of reporting the matter to the police with the complainant and provide necessary support to do so.  If the complainant does not wish to report the matter to the police, in most cases we will respect such wishes unless there is a significant risk to the complainant’s or anyone else’s safety if the matter is not reported. 

In matters where the police are involved, we will liaise with the police to ensure that any investigation we are conducting will not prejudice the criminal process.  In most cases where it is safe to do so, we will continue with our investigation. 

Even if there is no criminal conviction following a police investigation, a disciplinary offence may still have been committed and disciplinary action may still be taken.

Protection and support for those involved

Staff who make complaints, report that they have witnessed wrongdoing, or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result.  Retaliation or victimisation in such circumstances will not be tolerated.  Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under our Disciplinary Procedure (if they are an employee).

If you believe you have suffered any such treatment you should inform  your Managing Director

Support and guidance can also be obtained the following external services:

•      The Equality Advisory and Support Service (www.equalityadvisoryservice.com).

•      Protect (www.protect-advice.org.uk)

•      Victim support (www.victimsupport.org.uk)

•      Rape crisis (www.rapecrisis.org.uk)

•      Rights of women (England and Wales) (www.rightsofwomen.org.uk)

 

Reporting outcomes, confidentiality and record-keeping

Confidentiality will be maintained throughout the investigation.  The importance of confidentiality will be emphasised to all Staff involved, including any witnesses. 

When appropriate and possible, where a complaint is upheld, we will advise the complainant of the action that has been taken to address their specific complaint and any measures put in place to prevent a similar event happening again.

Information about a complaint by, or about, a staff member may be placed on their personnel file, along with a record of the outcome and of any notes or other documents compiled during the process.  These will be processed in accordance with our Data Protection Policy. 

Who is responsible for this policy?

The Managing Director has overall and day to day responsibility for the effective operation of this policy and you should refer any questions about this policy to them in the first instance.  

 

This policy is reviewed at regular intervals.  We will regularly monitor its effectiveness.

 

V1.011124 – November 2024