Sexual harrassment policy
1.0 Purpose and Introduction
The purpose of this policy is to ensure that the Royal Osteoporosis Society acts in accordance with the amended Equality Act (EqA) with a specific focus on Sexual Harassment. Internally, we recommend that this policy is read in conjunction the broader Dignity at Work Policy and Procedure.
All employees are entitled to be treated with dignity and respect in our place of work. 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 EqA as amended.
The law requires all employers to take reasonable steps to prevent sexual harassment of their employees. We take action to prevent sexual harassment from occurring and have clear reporting procedures to make a complaint about sexual harassment. If you have been sexually harassed, or you have witnessed sexual harassment, we encourage you to tell us so that we can deal with the matter swiftly.
The charity’s Senior Leadership Team has overall responsibility for the operation of this policy but may delegate elements of implementation or decision-making to Line Managers who will maintain an open-door policy and we encourage all staff to come forward with any concerns in relation to sexual harassment. All our employees, volunteers, suppliers, partners, contractors and agency staff have a responsibility to behave in line with the requirements of this policy.
Instances of sexual harassment or victimisation may lead to disciplinary action up to, and 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 everyone.
As recommended by the Chartered Institute of Professional Development (CIPD) best practice, references to generic legislative Acts relevant to this policy have not been referenced, however this policy is reviewed to ensure it is compliant with current legislation and best practice.
1.1 Our commitment to you
We are committed to taking proactive measures to prevent all forms of bullying and harassment, including sexual harassment, of our employees by:
Communicating to employees our zero-tolerance approach which means recognising that no employee should have to experience bullying and harassment, including sexual harassment at work.
Taking all concerns raised seriously acting to promptly take appropriate action when concerns are raised.
Encouraging staff to report any instances of bullying, harassment including sexual harassment, including third party harassment, that occur.
Developing a protocol for how any reports of harassment, including third-party harassment, will be dealt with.
Requiring all employees and new starters to complete annual equality, diversity and inclusion training including anti-bullying and anti harassment training.
Providing additional training for line managers to ensure that they understand their role in preventing and stopping bullying and harassment from occurring in the workplace and their responsibilities and that of the third parties they work with, as outlined in this policy.
Encouraging individuals to support our equality, diversity and inclusion, anti-bullying and anti-harassment initiatives, by attending events and workshops organised by the charity to educate themselves on the challenges faced by others and how to help alleviate these in the workplace.
Profiling policies, procedures and resources through People Updates and creating a dedicated SharePoint space.
Monitoring our workplace culture through anonymous surveys and exit interviews and channels such as the ROS Champions, to identify and address any issues.
Undertaking risk assessments to determine reasonable measures that can be implemented to minimise the risk of exposure to sexual harassment in the workplace and by third parties that the charity comes in contact with.
2.0 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 in relation to gender reassignment or sex.
Sexual harassment may be committed by a fellow employee or a third party. Whilst it can be persistent, unwanted attention, a single incident can also constitute sexual harassment. It does not need to occur in person. It can occur via digital means, including social media sites or channels (e.g. WhatsApp). 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:
sexual comments or jokes, which may be referred to as “banter”.
displaying sexually graphic pictures, posters or photos.
suggestive looks, staring or leering.
propositions and sexual advances.
making promises in return for sexual favours.
sexual gestures.
intrusive questions about a person’s private or sex life or a person discussing their own sex life.
sexual posts or contact in online communications, including on social media.
spreading sexual rumours about a person.
sending sexually explicit emails, text messages or messages via other social media.
unwelcome touching, hugging, massaging or kissing.
Victimisation is subjecting someone to detrimental treatment because they have done, are suspected of doing, or intend to do, an act which is protected under discrimination and harassment laws. These are outlined below. It is not necessary for the person to have done the protected act in order for detrimental treatment to be considered as victimisation.
2.1 The protected acts are:
making a claim or complaint under the EqA (e.g. for discrimination or harassment).
helping someone else to make a claim by giving evidence or information in connection with proceedings under the EqA.
making an allegation that someone has breached the EqA.
doing anything else in connection with the EqA.
2.2 Examples of victimisation may include:
failing to consider someone for promotion because they have previously made a sexual harassment complaint.
dismissing someone because they accompanied a colleague to a meeting about a sexual harassment complaint.
excluding someone from work meetings because they gave evidence as a witness for another employee as part of an employment tribunal claim about harassment.
3.0 Circumstances which are covered
This policy covers behaviour which occurs in the following situations:
a work situation.
a situation occurring outside of the normal workplace or normal working hours which is related to work, e.g. a working lunch, conference or social functions.
outside of a work situation but involving a colleague or other person connected to the ROS, including on social media.
against anyone outside of a work situation where the incident is relevant to your suitability to carry out the role.
4.0 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, a copy of which is available in the Staff Handbook.
4.1 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 could issue 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 Line Manager, e.g. in a one-to-one 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. If you don’t have a one-to-one meeting scheduled with your Line manager, you can ask them to meet with you to discuss any concerns that you may have.
Should any support or guidance be needed, consider contacting Acas who can offer independent and confidential advice.
4.2 Formal 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 your Line Manager or in their absence, your Leadership Team member, copying in HR@theros.org.uk as a formal written complaint and again your confidential helper can assist you in this.
N.B If the complaint is relating to your Line Manager, please bring the matter to the attention of your Leadership Team member or another member of the Leadership Team as you feel appropriate.
If possible, you should keep notes of what happened so that the written complaint can include:
the name of the alleged harasser.
the nature of the alleged harassment.
the dates and times when the alleged harassment occurred.
the names of any witnesses.
any action already taken by you to stop the alleged harassment.
On receipt of a formal complaint, we will take action to separate you from the alleged harasser to enable an uninterrupted investigation to take place. This may involve a temporary transfer of the alleged harasser to another work area or suspension with contractual pay until the matter has been resolved.
The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. The meeting will normally be held within five working days of receipt of your complaint. You have the right to be accompanied at such a meeting by your confidential helper or another colleague of your choice and you must take all reasonable steps to attend. 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.
On conclusion 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 HR@theros.org.uk (within five working days of receiving the outcome).
You will then be invited to a further meeting. As far as reasonably practicable, the charity will be represented by a more senior manager than the manager who attended the first meeting (unless the most senior manager attended that meeting).
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 made a complaint.
5.0 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 from 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 your Line Manager or in their absence, your Leadership Team member, copying in HR@theros.org.uk in writing.
Your concerns will be handled by an appropriate senior team member who will sensitively talk to the person subject to sexual harassment to determine how they want the matter to be handled.
6.0 Third-party sexual harassment
Third-party sexual harassment occurs when an employee or volunteer is subjected to sexual harassment by someone who is not part of our organisation but who is encountered in connection with work. This includes our service users, suppliers, members of the public, friends and family of colleagues, conference delegates and freelancers / contractors.
Third-party sexual harassment of our employees and volunteers is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.
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.
In order to prevent third-party sexual harassment from occurring, we will:
publish this policy on our external ROS website.
ensure all temporary workers such as agency and freelancers are notified of our zero-tolerance sexual harassment policy and provided copies in their documentation.
inform / signpost to third parties, our zero-tolerance sexual harassment policy.
display zero tolerance signage in our Bath office.
If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to your Line Manager copying in HR@theros.org.uk
Should a third party sexually harass a member of our workforce, we will take appropriate action. This may be warning them about their behaviour or preventing them from using our services. Any criminal acts will be reported to the police.
We will not tolerate sexual harassment by any of our employees or volunteers against a third party. Instances of sexual harassment of this kind may lead to disciplinary action, including termination of employment or cessation of a volunteering agreement.
7.0 Disciplinary action
If the decision is that the allegation of sexual harassment or victimisation is well founded, the harasser 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 or 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 may be taken against you.
8.0 Training
We provide training to all our staff on sexual harassment to ensure there is a clear understanding of:
what sexual harassment is, how it may occur and 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.
how acts of harassment will be dealt with under the disciplinary procedure, which can potentially result in dismissal.
We ensure that all levels of management are trained on implementing this policy, including preventing and managing sexual harassment in the workplace and the procedure to follow if an allegation is reported.
We will regularly review the effectiveness of our training and we provide refresher training as appropriate.
9.0 Employee Assistance Programme
We would like to remind you that further support is available by contacting our Employee Assistance Programme (EAP), a confidential 24-hour telephone counselling service, which can be accessed in the Health and Wellbeing Hub in SharePoint.
Implementation Date 26 October 2024
Reviewed: New policy due to new legislation 26 October 2024 (linked to Dignity at Work Policy)
Review Date: October 2026
Agreed By: Senior Leadership Team
Author / s: Helen Kingman, Governance, People and Culture Advisor Wendy Henderson, Head of People, Culture and Performance
