Document 100-0047 | 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.

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 policy applies specifically to agency workers who are working via the company at a client site.

 

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.

 

4.0  PROCEDURE

4.1 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.

 

4.2 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.

 

4.3 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 the workplace.

Allegations of sexual harassment and victimisation involving a situation at a client site must be reported.

 

5.4 Informal 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.

 

4.5 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 an Acorn Representative. Your concerns can also be raised in writing either via email to [email protected], 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.

 

Investigation

The matter will then be investigated in the following way:

• You may be invited to a meeting to discuss the allegation.
• 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.

Please note that any investigation is likely to involve the client company where you might be working and they may have their own procedures that they are required to follow.

 

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.

You will not be victimised for having brought a complaint.

 

4.6 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.

 

4.7 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.

 

4.8 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 is unlawful and will not be tolerated.

If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible via the reporting channels detailed above.

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 the termination of your assignment.

 

4.9 Action

If the decision is that the allegation of sexual harassment or victimisation is well founded, any action taken against the harasser/victimiser will be taken by the client company where you are working.

If, due to the investigation, it is concluded that your complaint is both untrue and has been brought with malicious intent, your assignment may be terminated.

If you are involved in any act of sexual harassment, your assignment will be terminated with immediate effect.

 

4.10 Employee Assistance Programme

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