Sexual harassment policy and procedure

Introduction 

Ideagen is committed to providing a working environment free from sexual harassment and ensuring all colleagues are treated, and treat others, with dignity and respect.

Sexual harassment or victimization of any colleague, or anyone they come into contact with during the course of their work, is unlawful and will not be tolerated. We will take active steps to help prevent the sexual harassment and victimization of all colleagues. Anyone who is a victim of, or witness to, sexual harassment is encouraged to report it in accordance with this policy. This will enable us to take appropriate action and provide support. Any allegations of sexual harassment may result in disciplinary action up to and including dismissal.

We recognize that sexual harassment can occur both in and outside the workplace, such as on business trips, or at work-related events or social functions, or on social media. Sexual harassment can result in legal liability for both the business and the perpetrator, whether they work for us or are a third party outside of our control. The purpose of this policy is to set out a framework for line managers and colleagues to report and deal with any sexual harassment that occurs by other colleagues (which may include consultants, contractors and agency workers) and also by third parties such as customers, suppliers or visitors to our premises.

Scope 

This policy and procedure applies to all full time and part time employees of the company and its subsidiaries, including permanent and temporary employees. It also applies to consultants, self-employed contractors, casual workers, agency workers, volunteers and interns.

Status of this policy 

The Company reserves the right to alter any of the policy’s terms at any time and any amendments to this policy will be communicated to you.  

What is sexual harassment and victimization?

Sexual harassment is any 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. A single incident can amount to sexual harassment. It also includes treating someone less favorably because they have submitted or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or gender assigned at birth.

Sexual harassment may include, for example:

• unwanted physical conduct, including touching, pinching, pushing and grabbing;
• continued suggestions for sexual activity after it has been made clear that such suggestions are unwelcome;
• sending or displaying material that is pornographic or that some people may find offensive (including emails, text messages, video clips and images sent by mobile phone or posted on the internet);
• unwelcome sexual advances or suggestive behavior (which the harasser may perceive as harmless); or
• offensive emails, text messages or social media content.

A person may be sexually harassed even if they were not the intended target. For example, a person may be sexually harassed by pornographic images displayed on a colleague's computer in the workplace.

Victimization 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.

Victimization may include, for example:

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

Sexual harassment and victimization are unlawful and will not be tolerated. They may lead to disciplinary action up to and including dismissal if they are committed:

• in a work situation,
• 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 a work situation, including on social media or
• against anyone outside of a work situation where the incident is relevant to your suitability to carry out your role.

If any sexual harassment or victimization of a colleague 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. We will take into account any aggravating factors, such as abuse of power over a more junior colleague, when deciding the appropriate disciplinary action to take.

Third-party harassment

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, Ideagen, but with whom they have come into contact during their employment. Third-party harassment could include, for example, unwelcome sexual advances from a client, customer or supplier visiting the employer's premises, or where a person is visiting a client, customer or supplier's premises or other location in the course of their employment.

Third-party sexual harassment can result in legal liability and will not be tolerated. We encourage all colleagues to report any third-party harassment they are a victim of, or witness, in accordance with this policy.  We will take active steps to try to prevent third-party sexual harassment of staff.

If any third-party harassment of a colleague occurs, we will take steps to remedy any complaints and to prevent it happening again. These may include issuing a warning about someone’s behavior, banning them from our premises, reporting any criminal acts to the police, and sharing information with other branches of the business.

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

Raising an informal concern

If you are being sexually harassed, consider whether you feel able to raise the problem informally with the person responsible. You should explain clearly to them that their behavior is not welcome or makes you uncomfortable. If this is difficult and you do not want to address it with the person directly, you should speak to your line manager or to the People team via your People Business Partner, who can provide confidential advice and assistance in resolving the issue formally or informally. If you feel unable to speak to your line manager because the complaint concerns them, you should speak to the People team as above. If this does not resolve the issue, you should follow the formal procedure below.

If you are not certain whether an incident or series of incidents amounts to sexual harassment, you should initially contact your line manager or the People team for confidential advice.

If informal steps are not appropriate, or have been unsuccessful, you should follow the formal procedure set out below or refer to our Grievance Policy & Procedure.

Raising a formal complaint

If you wish to make a formal complaint about sexual harassment or victimization, you should submit it in writing to your line manager or to the People team via your People Business Partner. If the matter concerns your line manager, you should submit it directly to the People team as above.

Your written complaint should set out full details of the conduct in question, including the name of the person(s) who you believe has sexually harassed or victimized you, the nature of the sexual harassment or victimization, 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 colleagues and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.

We also operate a whistleblowing policy and dedicated email address if you would prefer to use this means of communication.  Please use whistleblowing@ideagen.com 

Investigation

When an allegation has been raised with us, we will investigate complaints in a timely, respectful and confidential manner.  We will arrange a meeting with you as soon as practicably possible, so that we can talk in more detail about your complaint. You 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 another colleague, we may consider suspending them on full pay or making other temporary changes to working arrangements pending the outcome of the investigation. We will also consider any request that you make for changes to your own working arrangements during the investigation. For example, you may ask for changes to your duties or working hours to avoid or minimize contact with the colleague you have made the allegation about.

The investigator will also meet with the colleague the allegation is about, who has a right to be told the details of the allegations. The meeting is their opportunity to respond and they also have the right to be accompanied by a colleague or trade union representative of their choice to hear their account of events. It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. If so, the importance of confidentiality will be emphasized to them.

Where your complaint is about someone other than a colleague, such as a customer, supplier 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.

Once a full investigation has been carried out, you will be informed of the outcome of your complaint within 14 working days. The conclusion, any further action and resolution will be detailed in writing to you.

Actions following the investigation

If, following the investigation, there is a case to answer and the colleague the complaint is about, is an employee, the matter will be dealt in line with our Disciplinary Policy. Our investigation into your complaint may be put on hold pending the outcome of the disciplinary process. If it is a third party person that the complaint is about, such as a customer or other visitor, 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. It may be appropriate to arrange some form of mediation or counselling, or to change the duties, working location or reporting lines of one or both parties.

Any colleague who deliberately provides false information in bad faith, or who otherwise acts in bad faith as part of an investigation, may be subject to action under our Disciplinary Policy. However, you will not be disciplined or treated detrimentally because your complaint has not been upheld.

Appeals

Once you have received the outcome of the investigation,  you may submit an appeal in writing to the People Team stating your full grounds of appeal, within five working days of the date on which the decision was sent or given to you.

We will hold an appeal meeting, normally within one week of receiving your written appeal. Where practicable, the appeal hearing will be conducted by someone who has not been previously involved in the case. They may ask anyone previously involved to be present. You have the right to bring a colleague or trade union representative to the meeting.

Following the appeal meeting, we will confirm our final decision in writing as soon as practicably possible, usually within one week of the appeal hearing. This is the end of the procedure and there is no further appeal.

Support during the process

Colleagues 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 victimization as a result. Anyone found to have retaliated against or victimized someone in this way will be subject to disciplinary action under our Disciplinary Policy.

If you believe you have suffered any such treatment you should inform your line manager or the People Team. If the matter is not remedied, you should raise it formally using our Grievance Procedure or by following this policy again if appropriate.

We will monitor the treatment and outcomes of any complaints of sexual harassment or victimization we receive to ensure that they are properly investigated and resolved, those who report or act as witnesses are not victimized, repeat offenders are dealt with appropriately, cultural clashes are identified and resolved and workforce training is targeted where needed.

There are a number of support mechanisms available to you that offer confidential support for anyone affected by, or accused of, sexual harassment. Internally, you can contact our Mental Health First Aiders - more information can be found on OnePlace. All colleagues also have access to our Employee Assistance Program that offers confidential, external advice.

Confidentiality and record keeping

Confidentiality is an important part of this procedure. Details of the investigation and the names of the person making the complaint and the person accused will only be disclosed on a "need to know" basis. Breach of confidentiality may give rise to disciplinary action under our Disciplinary Policy.

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

Information about a complaint by or about a colleague 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.