Issued: November 2024
PREVENTING SEXUAL HARASSMENT AT WORK POLICY & PROCEDURE
1.0 PURPOSE
1.1: To promote the development of a safe and supportive working environment and provide a framework for managing complaints of sexual harassment or victimisation within the workplace.
1.2: The Company views any instance of sexual harassment as unacceptable and intolerable. The Company recognises that sexual harassment is unlawful under the Equality Act 2010.
1.3: The law requires employers to take reasonable steps to prevent the sexual harassment of their employees. The Company will be responsible for ensuring all staff understand the rules and policies relating to the prevention of sexual harassment in the workplace, which includes work-related events, socials, or activities within, or outside of, working hours and the workplace.
1.4: The Company has a separate ‘Dignity at Work (Anti-Harassment and Bullying) Policy’ which deals with other types of harassment that may occur in the workplace, and it should be read in conjunction with this policy.
2.0: SCOPE
2.1: This policy and procedure apply to all employees of Green Element Limited and Compare Your Footprint Limited (herein collectively referred to as the “Company”). It covers sexual harassment and victimisation of, and by employees, in the workplace. It also covers sexual harassment and victimisation towards, or from a third-party, for example, a client, customer, supplier, or an office visitor. It does not form part of any employee’s contract of employment and may be amended from time to time. Any and all personal data used in connection with this policy shall be collected, held, and processed, in accordance with the Company’s ‘Data Protection Policy.’
3.0: POLICY STATEMENT
3.1: The Company recognises that sexual harassment can exist in the workplace, and this can seriously affect employees’ working lives by interfering with their job performance or by creating a stressful, intimidating, and unpleasant working environment.
3.2: The Company operates an open-door policy, and employees should feel empowered to raise any complaints or concerns if they see or experience inappropriate behaviour. All complaints of sexual harassment will be treated seriously and will be investigated promptly and in confidence. The Company recognises that it has a duty to implement this policy, and all employees are expected to comply with it.
3.3: The Company undertakes to review this policy at regular intervals in order to monitor its effectiveness.
3.4: Instances of sexual harassment or victimisation may lead to disciplinary action up to, and including, termination of employment.
4.0: PROCEDURE
Definitions of Sexual Harassment and Victimisation
4.1: 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.
4.2: 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.
4.3: Sexual harassment may be persistent or an isolated incident, obvious or subtle, face-to-face or indirect. It may be physical, verbal or non-verbal, e.g. by letter, email, or via social media.
4.4: Examples include, but are not limited to:
a) Unwelcome sexual advances or physical contact;
b) Physical assault of a sexual nature;
c) Comments, innuendo, speculation, jokes or banter of a sexual nature;
d) Intrusive or offensive questions of a sexual nature;
e) The offer of rewards for going along with sexual advances, for example the promise of a promotion;
f) Unwelcome comments about a person’s appearance, their body or their clothing;
g) Intrusion by pestering, spying, or following;
h) Visual displays of sexually graphic posters, computer screensavers, downloaded images, obscene gestures, or photos;
i) Suggestive looks, staring or leering;
j) Sharing of pictures or objects with sexual or pornographic overtones, even if not directed at any particular person.
k) Spreading malicious rumours of a sexual nature about an individual;
l) Sending offensive and/or sexually explicit emails, texts or visual images, or posting such images on social media;
m) Inciting others to commit any of the above.
4.5: 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:4.5.1 making a claim or complaint under the Equality Act;
4.5.2 helping another individual to make a claim by giving evidence or information in connection with proceedings under the Equality Act; and
4.5.3 making an allegation that someone has breached the Equality Act.
4.6: Examples of victimisation may include:
4.6.1: not considering an individual for promotion because they have previously made a complaint of sexual harassment;
4.6.2: dismissing an employee because they accompanied a colleague to a meeting about a sexual harassment complaint; or
4.6.3: excluding an individual from meetings because they gave evidence as a witness for another employee as part of a sexual harassment employment tribunal claim.
Unlawful Grounds of Sexual Harassment
4.7: The Company reiterates that it will not tolerate any instance of sexual harassment, regardless of the grounds. This policy will equally apply to work-related events, socials, or activities within, or outside of, working hours and the workplace.
4.8: Harassment may be committed by a fellow employee, or a third party, and it does not need to occur in person for it to be considered as sexual harassment. For example, it can occur digitally such as on WhatsApp, on a social media site or other communication channel.
Reporting Sexual Harassment
4.9 Employees have the right to complain if they are treated in a way that they believe constitutes sexual harassment or victimisation. The informal and formal procedures to follow are set out below.
4.10 Employees who make a genuine complaint under this policy will not be subjected to any unfavourable treatment or victimisation as a result of making the complaint.
Witnessing Sexual Harassment or Victimisation
4.11: If an employee sees sexual harassment or victimisation taking place, they are encouraged to take appropriate action to address it. If the employee is unable to intervene to prevent the action, they should encourage the employee who is being harassed or victimised to report the incident or report the incident themselves.
4.12: Reports of incidents should be made in writing to a Line Manager or to People Operations.
Sexual Harassment by a Third Party
4.13: The Company operates a zero-tolerance policy in relation to sexual harassment of its employees by a third party, such as a client, customer, supplier (including contractors, consultants, and agency workers), or office visitor (including interns and work experience individuals). The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.
4.14: All employees are encouraged to report any instances of harassment involving a third party in line with the reporting procedure set out below.
4.15: In order to prevent third party sexual harassment from occurring, the Company will:
4.15.1: advise its clients and customers of the mutual obligation to prevent sexual harassment during the working relationship;
4.15.2: provide a copy of this policy to its contractors, consultants and agency workers;
4.15.3: provide a copy of this policy to its interns and work experience individuals;
4.15.4: provide training to all employees to enable them to recognise instances of sexual harassment and how to report such in the first instance.
4.16: If, following investigation, an allegation of sexual harassment by a third party proves to be well-founded, steps taken by the Company may include:
4.16.1: warning the individual and/or the organisation that they represent about the inappropriate nature of their behaviour;
4.16.2: ceasing business with the individual and/or the organisation that they represent;
4.16.3: banning the individual from the Company’s premises or from being involved in the working relationship with the Company; and
4.16.4: reporting the individual’s actions to the police.
Procedure for Complaints
4.17: The Company is committed to ensuring that there is no sexual harassment or victimisation within the business.
4.18: Any employee who feels that they have been subjected to sexual harassment or victimisation should raise the matter as soon as reasonably practicable.
4.19: Employees can raise a complaint informally and/or formally. They should contact a Line Manger or People Operations in the first instance.
4.20: Before raising a formal complaint, the employee is encouraged to talk directly and informally to the person whom 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 the need to use the formal procedure.
Informal Procedure
4.21: If the employee feels able to do so, they should speak up at the time when they feel harassed or victimised. It is important to be direct and for the employee to state explicitly that they feel that way and that the behaviour is unacceptable to them. The employee can also discuss the matter with another colleague, or a Line Manager, or with People Operations and ask them to speak to the harasser on their behalf.
4.22: Alternatively, if the employee feels unable to speak to the harasser directly, they could write a letter to them which clearly identifies the offending behaviour and requests that it stops immediately. The employee should sign and date any such letter and ensure that a copy is kept for any possible future formal complaint. It is also advisable that the employee keep an ‘incident diary’ of any offending behaviour.
4.23: Where the informal procedure is used, both parties should keep a written record of the meeting including what was discussed and any proposed action.
7.24: If the employee feels unable to deal with the issue informally, or if informal steps have failed to resolve an employee’s complaint, a formal grievance can be raised by the employee.
Formal Procedure
4.25: Any employee who feels that they have been subjected to sexual harassment or victimisation may at any time decide to deal with the issue through formal procedures using the Company’s ‘Grievance Policy’, regardless of whether informal steps have been taken or not.
4.26:When bringing a complaint of sexual harassment or victimisation, the employee should provide:
4.26.1: The name of the person whose behaviour is believed to amount to sexual harassment or victimisation;
4.26.2: The behaviour that is causing offence, with specific examples;
4.26.3: Dates and times when incidents of sexual harassment or victimisation occurred;
4.26.4: The names of any individuals who witnessed any incidents;
4.26.5: Details of any action they have already taken to try and address the harassment or victimisation.
4.27: The Company will investigate any complaint thoroughly and fairly.
4.28: An employee accused of sexual harassment or victimisation will be informed of the exact nature of the complaint against them and given a full opportunity to give their version of events.
4.29: During the investigation, the Company reserves the right to suspend or temporarily redeploy either the employee making the complaint of sexual harassment or victimisation, or the employee suspected of sexual harassment or victimisation. Suspension will be on full pay and is not a disciplinary sanction. As soon as the investigation is complete, the Company will inform the employee suspected of sexual harassment of the outcome and decide if it is appropriate to start disciplinary proceedings.
4.30: On conclusion of the investigation, a report of the findings will be submitted to the Manager who will hold the grievance meeting. The employee who has made the complaint will be invited to attend a meeting to discuss the matter. The meeting will be held in accordance with the Company’s ‘Grievance Policy.’
Consequences of a Breach of Policy
4.31: Sexual harassment or victimisation is a disciplinary offence and will be dealt with in accordance with the Company’s ‘Disciplinary Policy.’ Sexual harassment or victimisation may constitute gross misconduct which would result in the termination of an employee’s employment without notice.
4.32: Employees should also bear in mind that sexual harassment may also constitute a criminal offence punishable by a fine and/or imprisonment.
Sensitive complaints
4.33: The Company recognises the sensitive nature of sexual harassment or victimisation complaints. All discussions will be dealt with sensitively and in confidence.
Confidentiality
4.34: The Company will treat any complaint received under this policy confidentially. All employees or other members of staff involved in an investigation are required to respect the need for confidentiality.
4.35: The Company will maintain records of investigations into alleged incidents of sexual harassment or victimisation and the outcome of the investigations. These records will be maintained in confidence and in line with the Company’s ‘Data Protection Policy.’
4.36: Any breaches in confidentiality relating to this policy will be subject to disciplinary action in the case of employees and consideration of the ongoing working relationship with all other members of staff.
Training
4.37: The Company will provide training and support on this policy to all employees to ensure there is a clear understanding of:
4.37.1: what sexual harassment and victimisation is;
4.37.2: expected levels of behaviour;
4.37.3: how employees can report any incidents of having been harassed or having witnessed such incidents; and
4.37.4: how acts of sexual harassment will be dealt with under the Company’s ‘Disciplinary Policy’.
4.38: The Company will advise all existing and new staff members of this policy so that they are clear as to what they can do to help create a working environment free of harassment and bullying and harassment.
Support and Advice
4.39: Confidential support is available by contacting the Company’s employee assistance programme. Details of how to access this support are available from the People Operations share point.
5.0: ACCOUNTABILITIES
5.1: The CEO is accountable for:
a) communicating with third parties regarding allegations of sexual harassment involving any of their representatives;
b) advising third parties of the outcome of investigations regarding sexual harassment by any of their representatives;
c) in conjunction with guidance from People Operations, deciding on the appropriate action to take with any representatives of third parties who have been accused of sexual harassment of, or have been found to have sexually harassed, an employee;
d) conducting an annual risk assessment to consider the factors that might increase the likelihood of sexual harassment in the workplace and the steps that can be taken to minimise them.
5.2: Line Managers are accountable for:
a) encouraging a culture free from sexual harassment;
b) reporting to People Operations any incidents of sexual harassment involving a member of staff;
c) dealing with any complaints under this policy in a prompt, confidential, fair and consistent manner;
d) carrying out a thorough and objective investigation with advice from People Operations into the relevant facts before deciding to progress to a formal disciplinary or other action;
e) the arrangements for and conduct of relevant meetings, informal or formal;
f) ensuring that any sexual harassment has stopped and that the complainant is not victimised.
5.3: People Operations is accountable for:
a) providing advice and guidance to Line Managers and the CEO when dealing with sexual harassment claims;
b) involvement in the process when appropriate and required;
c) supporting the draft of letters and warnings to be placed on employee files;
d) guiding Line Managers in any cases that may result in dismissal;
e) monitoring developments in case law and legislation which may affect practices surrounding bullying and harassment.
5.4: All employees are accountable for:
a) always behaving appropriately and professionally;
b) making themselves aware of the contents of this policy and its implications for their personal conduct / behaviour. Individuals can be held personally liable as well as, or instead of, the Company for any act of unlawful discrimination, including harassment;
c) compliance with the Company’s policy.