Introduction
We are committed to providing a working environment free from sexual harassment
and ensuring all staff are treated, and treat others, with dignity and respect. We
recognise 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 or victimisation of any member of staff, 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 victimisation of
all staff. 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. 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. Sexual harassment may result in disciplinary action up to and including
dismissal.
This policy does not form part of any contract of employment or contract to provide
services, and we may amend it at any time.
Scope and Responsibilities
This policy applies to all employees, officers, consultants, self-employed
contractors, casual workers, agency workers, volunteers and interns.
The CEO has overall responsibility for the effective operation of this policy but has
delegated responsibility for overseeing its implementation to the HR Director. Suggestions for change should be reported directly to the HR Director.
This policy and its effectiveness is reviewed annually by the HR Director.
What is sexual harassment?
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 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.
Sexual harassment may include, for example:
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.
Victimisation may include, for example:
Sexual harassment and victimisation 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.
● 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 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.
Third parties and sexual harassment
Third-party harassment occurs where a person is harassed or sexually harassed by
someone who does not work for 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 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.
All staff are encouraged to report any third-party harassment they are a victim of,
or witness, in accordance with this policy.
Any sexual harassment by a member of staff against a third party may lead to
disciplinary action up to and including dismissal.
We will take active steps to try to prevent third-party sexual harassment of staff.
These will include publishing our policy on our website as well as including a clear
zero tolerance clause in our customer and supplier contracts.
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, reporting them to their business and reporting any
criminal acts to the police.
If you are being sexually harassed: informal steps
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 behaviour is not welcome or makes you uncomfortable. If this is too
difficult, you should speak to your line manager or the People Team, 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 informally to the People Team. 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
informally for confidential advice.
If informal steps are not appropriate, or have been unsuccessful, you should follow
the formal procedure set out below.
Raising a formal complaint
If you wish to make a formal complaint about sexual harassment, you should submit
it in writing to your line manager and the People Team. If the matter concerns your
line manager, you should submit it to the People Team.
Your written complaint should set out full details of the conduct in question,
including the name of the harasser, the nature of the sexual harassment, 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.
If you wish to make a formal complaint about victimisation, you should submit it in
writing to your line manager and the People Team. If the matter concerns your line
manager, you should submit it to the People Team.
Your written complaint should set out full details of the conduct in question,
including the name of the person or persons you believe have victimised you, the reason you believe you have been victimised, the nature of the 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.
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:
All witnesses will be provided with appropriate support and will be protected from
victimisation.
Formal investigations
We will investigate complaints in a timely, respectful and confidential manner.
Individuals not involved in the complaint or the investigation should not be told
about it.
We will arrange a meeting with you, usually within one week of receiving your
complaint, so that you can give your account of events. You have the right to be
accompanied by a colleague 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, who may also be accompanied by a colleague of
their choice, 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
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.
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 minimise contact with the alleged harasser.
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, which will normally be within 10 working days of the
meeting with you, the decision of the investigator, detailing the findings, will be sent
in writing to you.
You have the right to appeal against the findings of the investigator. If you wish to
appeal, you must inform any member of the Senior Leadership Team (SLT) within
five working days of receiving the outcome. You will then be invited to a further
meeting, you have the right to be accompanied to this meeting. Where practicable,
the appeal hearing will be conducted by a member of the SLT who has not been
previously involved in the case.
Following the appeal meeting, you will be informed of the final decision, normally
within 10 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.
Action following the investigation
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.
Training
We provide training to all our staff on sexual harassment to ensure there is a clear
understanding of:
We will regularly review the effectiveness of our training.
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. Anyone found to have retaliated against or victimised
someone in this way will be subject to disciplinary action under our Disciplinary
Procedure.
If you believe you have suffered any such treatment you should inform the People
Team. If the matter is not remedied, you should raise it formally using our Grievance
Procedure or this procedure if appropriate.
We offer access to confidential counselling via our Employee Assistance Program
with AXA.
Support and guidance can also be obtained from the following external services:
Reporting outcomes, confidentiality and record-keeping
Confidentiality is an important part of the procedures provided under this policy.
Details of the investigation and the names of the person making the complaint and
the person accused must only be disclosed on a "need to know" basis. Breach of
confidentiality may give rise to disciplinary action under our Disciplinary Procedure.
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.
Contacts
People Team: hr@container-solutions.com
SLT: James O’Donavan, Sarah Bennett, David Perks, Ian Miell, Ivana Scott
