Document  100-0046 | Rev 001

1.0  PURPOSE

All agency workers are entitled to be treated with dignity and respect. This means freedom from sexual harassment, feeling safe and supported, and having access to redress if such behaviour does arise.

Sexual harassment takes many forms but whatever form it takes, it is unlawful under the Equality Act and it will not be tolerated. 

We are committed to ensuring that reasonable steps are taken to prevent sexual harassment to all agency workers. This policy will be reviewed and updated from time to time to ensure the company’s compliance with its duties under the Equality Act 2010 as amended by the Worker Protection (Amendment of Equality Act 2010) Act 2023 to ensure that all reasonable steps are taken to prevent sexual harassment.

Instances of sexual harassment or victimisation may lead to disciplinary action, including termination of employment.

This policy is reviewed regularly to ensure it remains up to date and to monitor its effectiveness. Any changes required will be implemented and communicated to all employees.

 

2.0  SCOPE

We condemn all forms of sexual harassment and seek to ensure that the working environment is safe and supportive to all those who work for us. This includes employees, workers, agency workers, volunteers and contractors in all areas of the company. For agency workers who are placed with client companies, please refer to procedure 100-0047.

 

3.0  RESPONSIBILITIES

3.1 All workers are responsible for ensuring they understand and comply with this policy and they must:

• Treat colleagues, clients, and third parties with respect.
• Refrain from any behaviour that could be interpreted as sexual harassment.
• Report any incidents they witness or experience.

3.2 Managers and supervisors are responsible for promoting a culture of respect and equality. They must:

• Take all reports of harassment seriously and act promptly.
• Ensure their teams are aware of the policy and have completed the associated training.
• Foster an environment where harassment is not tolerated.

 

4.0  RELATED DOCUMENTS

100-0002 – Disciplinary Procedure

100-0013 – Equality & Diversity Procedure

100-0010 – Dignity at Work Procedure

100-0047 – Sexual Harassment Procedure – Agency Workers

 

5.0  PROCEDURE

5.1 Definitions

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. It also covers treating someone less favourably because they have submitted to or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex.

Sexual harassment may be committed by a fellow worker, an agent of an organisation, or a third party. It does not need to occur in person. It can occur via digital means including social media sites or channels. Someone may be sexually harassed even if they were not the target of the behaviour.

 

Examples of sexual harassment include, but are not limited to:

a) sexual comments or jokes, which may be referred to as ‘banter’

b) displaying sexually graphic pictures, posters or photos

c) suggestive looks, staring or leering

d) propositions and sexual advances

e) making promises in return for sexual favours

f) sexual gestures

g) intrusive questions about a person’s private or sex life or a person discussing their own sex life

h) sexual posts or contact in online communications including on social media

i) spreading sexual rumours about a person

j) sending sexually explicit emails, text messages or messages via other social media

k) unwelcome touching, hugging, massaging or kissing

 

Victimisation is when someone is treated less favourably as a result of being involved with a discrimination or harassment complaint.

The law says victimisation means 'suffering a detriment' because you've done or intend to do a 'protected act'. A 'protected act' means taking action related to discrimination law. This includes:

a) making a claim or complaint under the Equality Act 2010 (for example, for discrimination or harassment)

b) helping someone else to make a claim by giving evidence or information in connection with proceedings under the Equality Act 2010

c) making an allegation that someone has breached the Equality Act 2010, or

d) doing anything else in connection with the Equality Act 2010

 

Examples of victimisation may include:

a) failing to consider someone for promotion because they have previously made a sexual harassment complaint

b) dismissing someone because they accompanied a colleague to a meeting about a sexual harassment complaint

c) excluding someone from work meetings because they gave evidence as a witness for another employee as part of an employment tribunal claim about harassment.

 

5.2 Circumstances covered by this policy

This policy covers behaviour which occurs in the following situations:

a) a work situation

b) a situation occurring outside of the normal workplace or normal working hours which is related to work, for example, a working lunch, a business trip or social function

c) outside of a work situation but involving a colleague or other person connected to the Company, including on social media

d) against anyone outside of a work situation where the incident is relevant to your suitability to carry out the role.

 

5.3 What to do if you are subject to sexual harassment or victimisation

We are committed to ensuring that there is no sexual harassment or victimisation in our workplace. Allegations of sexual harassment and victimisation will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of our disciplinary procedures.

 

5.4 Informal Complaint

We recognise that complaints of sexual harassment or victimisation can be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. In these circumstances you are encouraged to raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper. This person cannot be the same person who will be responsible for investigating the matter if it becomes a formal complaint.

If you experience sexual harassment and you feel comfortable to do so, you should make it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If you feel unable to do this verbally then you should send a written request to the harasser, and your confidential helper can assist you in this.

In addition, you may also choose to raise concerns during your regular communication with your manager, for example, in a 1-2-1 meeting. Your manager will listen to you and take your concerns seriously if you do this, but may encourage you to follow the reporting procedures set out below.

 

5.5 Formal Complaint

Written Complaint

Where the informal approach fails, or if the sexual harassment or victimisation is more serious, you should bring the matter to the attention of either; your Line Manager, a more senior manager, or a member of the HR team. 

Your concerns should be done so in writing and can be done so via email, or via our Sexual Harassment Report Form.

If possible, you should keep notes of what happened so that the written complaint can include:

a) the name of the alleged harasser;

b) the nature of the alleged harassment;

c) the dates and times when the alleged harassment occurred;

d) the names of any witnesses; and

e) any action already taken by you to stop the alleged harassment.

 

We will acknowledge your complaint within 5 days and we will take action to separate you from the alleged harasser to enable an investigation to take place. This may involve a temporary transfer of the alleged harasser to another work area or paid suspension until the matter has been resolved.

 

Investigation

The matter will then be investigated in the following way:

• You will be invited to attend a meeting to discuss the matter with an Investigating Manager and a member of the HR team. This will normally be within 5 working days of the receipt of your complaint. You have the right to be accompanied at this meeting by a colleague of your choice and you must take all reasonable steps to attend.
• The alleged harasser will be interviewed, along with any witnesses.
• Any documentation or evidence will be reviewed e.g. emails, messages, photographs, CCTV etc.
• Those involved in the investigation will be expected to act in confidence and any breach of confidence may be dealt with under the disciplinary procedure.

 

Outcome

On conclusion of the investigation (which will normally be within ten working days of the meeting with you) the decision of the investigator, and the reasons behind the decision, will be sent in writing to you.

 

Appeal

You have the right to appeal against the findings of the Investigating Manager. If you wish to appeal, you must do so within five working days, ensuring that you outline grounds for the appeal. You will then be invited to a further meeting. As far as reasonably practicable, this will be held by a more senior manager than the Investigating Manager.

Following the appeal meeting, you will be informed of the final decision, normally within ten working days, which will be confirmed in writing.

Regardless of the outcome of the procedure, we are committed to providing the support you may need. This may involve mediation between you and the other party or some other measure to manage the ongoing working relationship.

 

You will not be victimised for having brought a complaint.

 

5.6 Anonymous reports

The company’s Sexual Harassment Report Form allows you to report allegations of sexual harassment anonymously. You will receive an auto-generated message confirming receipt of the form. If you provide any contact details, the company will also contact you via these channels to confirm receipt.

Please note that anonymous reports can sometimes make it difficult to thoroughly investigate incidents, as the company might lack important context or details that would come from direct communication with the complainant. The company will none the less carry out a thorough and fair investigation and in accordance with the same principles as set out in the previous section.

 

5.7 What to do if you witness sexual harassment or victimisation

If you witness sexual harassment or victimisation, you are encouraged to take appropriate action to address it. You should not take any action that may put you at risk of sexual harassment or other harm. If you feel able, you should intervene to prevent the matter continuing. If you are not able to do this, your action may include offering support to the person who has been sexually harassed and encouraging them to report the incident or reporting the incident yourself.

If reporting the incident, you should bring the matter to the attention of a senior manager, or a member of the HR team in writing. Alternatively, you can report instances of sexual harassment by emailing or by visiting your senior manager. Our online means of reporting sexual harassment are continually monitored.

Your concerns will be handled by Senior Management who will sensitively talk to the person subject to sexual harassment to determine how they want the matter to be handled.

 

5.8 Third-Party Sexual Harassment

Third-party sexual harassment occurs when someone is subjected to sexual harassment by someone who is not part of Acorn’s or the client’s workforce but who is encountered in connection with work. This includes customers, suppliers, members of the public, clients, friends and family of colleagues, delegates at a conference, self-employed contractors etc.

Third-party sexual harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties.

The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone. However, failure for an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claim. If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to senior management.

Should a third party sexually harass a member of our workforce, we will advise the third party about their behaviour and provide information to support the third party in any investigation. Any criminal acts will be reported to the police.

We will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment of this kind may lead to disciplinary action including termination of employment.

 

5.9 Disciplinary Action

If the decision is that the allegation of sexual harassment or victimisation is well founded, the harasser/victimiser will be liable to disciplinary action in accordance with our disciplinary procedure up to and including summary dismissal. An employee who receives a formal warning or who is dismissed for sexual harassment/victimisation may appeal by using our disciplinary appeal procedure.

When deciding on the level of disciplinary sanction to be applied, we will take into consideration any aggravating factors affecting the case. One example of aggravating factors is an abuse of power over a more junior colleague.

If, due to the investigation, it is concluded that your complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.

 

5.10 Training

We provide training to all our staff on sexual harassment to ensure there is a clear understanding of, amongst other things, what sexual harassment is and how it may occur, that it will not be tolerated, expected levels of behaviour, how they can report any incidents of having been sexually harassed or having witnessed it and that acts of harassment will be dealt with under the disciplinary procedure potentially resulting in dismissal.

We will regularly review the effectiveness of our training and will provide refresher training as appropriate.

 

5.11 Employee Assistance Programme

We would like to remind you that further support is available by via the Help@hand Employee Assistance Programme (EAP).