SEXUAL HARASSMENT POLICY - CASUAL WORKERS

SEXUAL HARASSMENT POLICY - CASUAL WORKERS

Statement

We are committed to providing a working environment free from sexual harassment and ensuring all Casual Workers 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 work-related trips or 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. Anyone who is a victim of sexual harassment is encouraged to report it in accordance with this policy. This will enable us to take appropriate action and attempt to provide support. Anyone who sexually harasses someone at work is responsible for their own actions. Sexual harassment may result in the Company no longer offering assignments to an individual.

This policy does not form part of any contract and we may amend it at any time.

Who does this policy apply to?

This policy applies to all self-employed contractors, casual workers, agency workers, volunteers and interns who are placed on an assignment or deliver services to the community. There is a separate policy for employees of the Company.

What is sexual harassment?

Any individual of any gender may be the victim of 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.

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;

· Making sexual remarks about someone’s body, clothing or appearance

· Asking questions about someone’s sex life

· Telling sexually offensive jokes

· Making sexual comments or jokes about someone’s sexual orientation or gender reassignment

· Displaying or sharing pornographic images, or other sexual content

· Unwanted physical conduct, including touching, pinching, pushing and grabbing

· Continued suggestions for sexual activity after it has been made clear that such suggestions are unwelcomes

· Sexual assault or rape

This list is not exhaustive

Victimisation 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

· Alleging that a person has contravened the Equality Act 2010

Victimisation 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 complaint about sexual harassment

Sexual harassment and victimisation is unlawful and will not be tolerated.

If you are being sexually harassed whilst on assignment: 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 a manager whilst on assignment. If you feel you cannot do this, please raise with the Director of Events, who will liaise with a senior person at the client site.

If informal steps are not appropriate, or have been unsuccessful, you should follow the procedure below.

Raising a formal complaint – on assignment

Third-party harassment is where a person is sexually harassed by someone who does not work for our Company, but who they come into contact with during their work i.e. unwelcome sexual advances from a co-worker who is permanently employed by the client.

All staff are encouraged to report any third-party harassment they are a victim of, or witness, in accordance with this policy.

We take active steps to try to prevent third-party sexual harassment of staff. These may include warning notices to clients.

If any third-party harassment of staff occurs, we may take steps to remedy any complaints and to prevent it happening again. These may include warning the harasser or liaising with the client and asking them to warn the harasser about their behaviour, asking the client/hirer what measures they are taking to create a safe working environment for our workers and potentially reporting any criminal acts to the police.

Process

If you wish to make a formal complaint about sexual harassment, you should submit it in writing to a senior person at the client site and copy in the Director of Events. If you only raise with the office, they will forward it to a senior person at the client site.

· Your written complaint should set out full details of the conduct in question, including the name of the harasser, nature of the sexual harassment, date(s) and time(s) and 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 a senior person at the client site and copy in the Director of Events. If you only raise with the office, they will forward it to a senior person at the client site.

· Your written complaint should set out full details of the conduct in question, including the name of the person(s) you believe have victimised you, the reasons you believe you have been victimised, the nature of the victimisation, date(s) and time(s) and 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.

If you send the complaint to the Company, the office will forward it on to a senior person at the client site, for them to follow their internal Sexual Harassment Policy & Procedure.

Any sexual harassment by one of our workers against a third party will usually be investigated (potentially by the client) and may lead to contract termination

Formal investigation – on assignment

The client would need to follow their own internal Sexual Harassment Policy & Procedure. We would expect they would arrange a meeting. Their policy may allow you to be accompanied by a TU rep or fellow colleague, who must respect the confidentiality of the investigation. They will usually meet the alleged harasser 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. It may also be necessary for the client to interview any witnesses. They will conclude their investigation, in line with own procedure.

Any person who deliberately provides false information, or who acts in bad faith as part of an investigation, will no longer be provided with work by the Company.

If you are being sexually harassed by a member of our Company: 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 the Director of Events. If you feel you cannot do this, please raise with head office sss.complaints@servoca.com.

If informal steps are not appropriate, or have been unsuccessful, you should follow the procedure below.

Raising a formal complaint – about a member of our Company

If you wish to make a formal complaint about sexual harassment about a member of our staff, you should submit it in writing to sss.complaints@servoca.com.

· Your written complaint should set out full details of the conduct in question, including the name of the harasser, nature of the sexual harassment, date(s) and time(s) and 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 sss.complaints@servoca.com.

· Your written complaint should set out full details of the conduct in question, including the name of the person(s) you believe has victimised you, the reasons you believe you have been victimised, the nature of the victimisation, date(s) and time(s) and 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.

Formal investigations – about a member of our Company

We will investigate complaints in a timely, respectful and confidential manner.

The investigation will usually include:

· A meeting with you (face to face or telephone) where you have the right to be accompanied by a trade union rep or fellow colleague, who must respect the confidentiality of the investigation

· Meeting (face to face or telephone) with the alleged harasser to allow them to respond

· Interview any witnesses

· An outcome will be sent to you, usually within 10 working days, although this may be delayed and you will be informed of this

· If you are not satisfied with the outcome, you may appeal in writing within 5 working days of the date of the outcome.

· Any appeal, where practical will be heard by a manager who has not previously been involved

· The appeal outcome will usually be provided within 10 working days of any appeal meeting

The Company will conclude if there is a case to answer and the matter will be dealt with. Whether or not your complaint is upheld, the Company will consider how to best manage the ongoing working relationship between you and the person concerned.

Any person who deliberately provides false information, or who acts in bad faith as part of an investigation, will no longer be provided with work by the Company.

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 may include:

· Intervening where able to do so:

o If a member of staff witnesses someone being sexually harassed, they should consider stepping in to stop it, if safe to do so

o Consider their own safety properly before doing so

· Support a complaint made by the person who experienced the sexual harassment

· Report what you have seen

· Give evidence as a witness

· Complain because what you have seen has violated your dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for you

Protection and Support for those Involved

Staff who make complaints, report that they have witnessed wrong doing, or who participate in good faith should not suffer any form of retaliation or victimisation as a direct result. Anyone found to have retaliated against or victimised someone in this way will be subject to an investigation. If you believe you have suffered such treatment, you should inform sss.complaints@servoca.com.

Support and guidance can also be obtained from the following external services:

· www.equalityadvisoryservice.com

· www.protect-advice.org.uk

· www.victimsupport.org.uk

· Crimestoppers 0800 555 111

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 will only be disclosed on a "need to know" basis.

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.

Reporting to the Police

Sexual harassment may, in some circumstances, also constitute a criminal offence. If a person believes that the behaviour they have experienced amounts to a criminal offence, they have the right to report the matter to the police. They are not required to report an incident to the police in order to raise a complaint with the Company and they may choose to report the matter to the police independently of any internal Company process. For non-emergency matters, individuals can contact the police by calling 101 or through the relevant police force's online reporting service.

Policy Review

This policy is usually reviewed on at least an annual basis.