Sexual Harassment Policy

Non Contractual

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Policy Statement

GCL Logistics 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. The law requires employers to take reasonable steps to prevent sexual harassment of their staff during the course of their employment. 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 and victimisation may result in disciplinary action up to and including dismissal.

 

About this policy

The purpose of this policy is to:

• Ensure all staff are aware of what behaviour is unacceptable and the various forms that sexual harassment can take;

• Explain the risk assessment which has been undertaken by GCL Logistics and the steps that are being taken to reduce the risk of sexual harassment;

• Set out clear reporting and complaint procedures, and ensure staff are aware of the support that is available;

• Explain how we deal with third-party harassment;

• Provide a framework for line managers to deal with any sexual harassment that occurs by staff (which may include consultants, contractors and agency workers) and also by third parties such as customers, suppliers or visitors to our premises, and whilst on site visits.

This policy applies to all employees, officers, consultants, self-employed contractors, casual workers, agency workers, apprentices, volunteers and interns. Our obligations and your duties under this policy also extend to job applicants and former employees. Any suppliers or clients are also expected to comply with the terms of this policy.

 

The Directors have overall responsibility for the effective operation of this policy and will have day-to-day responsibility for this policy. You should refer any questions about this policy to your Line Manager in the first instance.

 

This policy is reviewed annually by the Directors. We will monitor its effectiveness and implement any changes that may be required.  This policy is non-contractual and may be amended or revised from time to time.

 

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.

 

Examples of sexual harassment may include:

• unwanted physical conduct or "horseplay", including brushing up against someone, hugging, touching, pushing, massaging and grabbing;

• suggestions of sexual activity;

• sending or displaying material that is pornographic or that some people may find offensive (including emails, text messages, video clips and images sent by mobile phone or posted on the internet);

• unwelcome sexual advances or suggestive behaviour or noises, e.g. catcalling or wolf-whistling;

• offensive emails, Teams messages, WhatsApp or text messages or social media content;

• leering, staring or suggestive looks (including looking someone up and down);

• sexual jokes;

• intrusive questions about a person’s private or sex life;

• someone discussing their own sex life;

• commenting on someone’s body, appearance or what they are wearing;

• spreading sexual rumours;

• standing unnecessarily close to someone;

• stalking or indecent exposure;

• taking a photo or video under another’s clothing (upskirting).

 

Sexual Harassment may occur even if the perpetrator perceives the action or comments to be harmless, welcomed or even complimentary. 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.

 

Sexual interaction that is invited, mutual or consensual is not sexual harassment because it is not unwanted. However, sexual conduct that has been welcomed in the past, can become unwanted.

Sexual Harassment is not gender specific. It can happen to men, women and people of any gender identity or sexual orientation. It can be carried out by anyone of the same sex, a different sex, or anyone of any gender identity.

 

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.

Under the Equality Act 2010, employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their workers. This is called the preventative duty. If employers do not comply with it, they are breaking the law. The preventative duty is designed to improve workplace culture by requiring employers to anticipate how sexual harassment might happen in their workplace and take proactive, reasonable steps to prevent it from happening.

 

This preventative duty includes worker-on-worker harassment and harassment by third parties such as clients, professional contacts or suppliers. This policy, along with any associated actions, training and working practices have been implemented to ensure GCL complies with this legal obligation.

 

What is Victimisation?

 

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;

• Doing any other thing for the purposes of or in connection with the Equality Act 2010;

• Alleging that a person has contravened the Equality Act 2010.

 

Victimisation may include, for example:

 

• Denying someone an opportunity (such as promotion) because it is suspected that they intend to make a complaint about sexual harassment.

• Excluding someone (e.g. from a social event or activities) because they have raised a grievance about sexual harassment.

• Failing to promote someone because they accompanied another staff member to a grievance meeting.

 

Dismissing someone because they gave evidence on behalf of another staff member at an employment tribunal hearing.

 

Third Party Harassment

 

Third Party harassment occurs where a person is harassed or sexually harassed by someone who does not work for, and who is not an agent of, the same employer, but with whom they have come into contact with 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 also lead to disciplinary action up to and including dismissal.

We have considered as part of our risk assessment any active steps which can be taken to try and prevent third-party harassment of staff. As a result, we have uploaded a copy of this policy to our website which is accessible by all customers and suppliers.

 

GCL will continue to monitor any risks posed by third parties and consider any further steps which can be taken.

 

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 organisation or employer, banning them from our premises, reporting any criminal acts to the police, sharing information within the business and seeking to terminate any contractual relationship.

 

Consequences

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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 or a business development or marketing activity.

• 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.

Self-employed contractors or suppliers who breach this policy may have their contract terminated without notice or compensation. We may also cease to work with customers with immediate effect if they breach the terms of this policy, or act inappropriately towards staff.

 

When considering sanctions, we will take into account any aggravating factors, such as abuse of power over a more junior colleague, when deciding the appropriate action to take.

 

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.

 

Risk Assessment

 

GCL has undertaken a risk assessment of its business to consider its working practices, policies and procedures, and the control measures that can be implemented to minimise risks.

The areas that are of higher risk in our business have been identified as follows:

 

• External visits to customers & suppliers.

• Social events, and in particular those where alcohol may be consumed.

• Employees use of social media and messaging groups.

• Reporting lines - procedure.

• Training.

This is not an exhaustive list of all risks that may face our business. The actions we have taken to address these risks, in addition to the general steps set out in this policy, are as follows:

 

• Implementing this sexual harassment policy to introduce clear reporting procedures and make employees aware of their responsibilities.

• Remind employees that social events are optional and not mandatory. Employees will be reminded of the expected levels of behaviour prior to such events.

• Ensure that employees are aware of the risks posed to them by third parties and how to report any incidents whilst on visits. GCL will continue to consider steps it can take to reduce any risks posed by third-parties.

• Remind employees of the provisions of the IT policy and include provisions in this policy regarding electronic communications.

• Implement mandatory training on sexual harassment for all employees. This training module is to also form part of the induction for all new employees.

We will continue to assess these risks on a regular basis and ensure that any further reasonable steps that can be taken to reduce these risks, are implemented.

 

Electronic Communications

 

Any written communications between our staff (and customers/suppliers) relating to work should be conducted solely by email, WeChat, WhatsApp, Text Messages or via Microsoft Teams on GCL systems.

 

All staff have a responsibility, regardless of the medium used, when communicating with other members of staff to ensure that their conduct is appropriate, professional and is not in breach of any of our policies. A communication that you may feel is personal with another member of staff, may still constitute sexual harassment.

 

All staff are expected to comply with GCL policies and procedures in respect of communication with other members of staff. Failure to do so may result in disciplinary action up to and including dismissal.

 

Training

 

GCL expects all staff to undertake mandatory sexual harassment training. We may also regularly organise and run equal opportunities, diversity and inclusion training, which may cover employee obligations relating to sexual harassment as part of its content.

This training will form part of the induction programme for every new member of staff.

 

Line Managers

 

Directors, line managers or any individuals with management responsibility play a critical role in creating a workplace free from harassment.

 

They are expected to model respectful behaviour and visibly promote a positive and inclusive workplace culture where harassment is taken seriously and not tolerated. They are expected to fully understand and appreciate the requirements of this policy and the implications for how they should conduct themselves.

 

Compliance with this policy for all staff is critical, but particularly for those with management responsibilities. Any failure to comply with this policy will be taken very seriously.

 

Line Managers and other individuals with management responsibilities are encouraged to proactively be aware of what is happening in the workplace. There may be warning signs that harassment is taking place, this could include:

 

• A change in behaviour

• Frequent sickness absence

• Comments made in exit interviews

• A sudden drop in performance; or

• Avoidance

Line Managers are encouraged to foster an environment where staff feel safe reporting any incidents and give staff every opportunity to raise issues with them. This can include:

 

• Informal one-to-one meetings

• Sickness absence or “return-to-work” meetings

• Performance meetings

• “Open-door” meetings/policy

• Employment surveys; and

• Mentoring or staff networks

Relationships at Work

 

All staff are reminded to be mindful of their legal obligations towards colleagues where personal relationships at work are concerned. This is particularly important for employees who are in a position of authority or in a more senior role. Any communications relating to a personal relationship should not be conducted on GCL systems.

 

Reporting Sexual Harassment & Victimisation at Work

 

Anyone who is a victim of, or witness to, sexual harassment is strongly encouraged to report this conduct in accordance with this policy. This enables GCL to take appropriate action, provide support and put steps in place to prevent any further acts of harassment. Below, is the relevant reporting procedure for those who are victim to sexual harassment.

 

Staff who witness sexual harassment or victimisation in the workplace are strongly encouraged to take appropriate steps to address it. Where appropriate, this may include:

 

• Intervening where appropriate, and only where you feel comfortable to do so;

• Supporting the victim to report it or reporting it on their behalf;

• Reporting the incident where you feel there may be a continuing risk if you do not report it; or

• Co-operating in any investigation into the incident.

We appreciate that it may be difficult for victims to make reports. All witnesses will be provided with appropriate support and will be protected from victimisation.

 

Informal Action

 

If you are unsure whether an incident, or series of incidents amounts to sexual harassment, you should initially contact your Line Manager or a Director informally for confidential advice.

 

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, and makes you feel uncomfortable. If this is too difficult, you should speak to HR or your line manager – who will be able to guide you on how to explain to the individual that their behaviour is not welcome. The HR team can also explain to you the process and support available in the event your informal approach fails to resolve the matter.

 

In the event the informal steps taken 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 or a Director. If the matter concerns your line manager, you should submit it to a Director.

 

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 or a Director. If the matter concerns your line manager, you should submit it to a Director.

 

For cases of victimisation, your written complaint should set out full details of the conduct in questions, 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. We would discuss the matter with you first and explain our rationale for doing so.

 

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 or a trade union representative 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. We will also consider what additional action may be appropriate to protect you and other staff pending the outcome of the investigation. The investigation will also meet with 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.

 

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 other staff 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, desk arrangements or working hours in the short-term, to 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, the investigator will submit a report to a Director. The Director will arrange a meeting with you, usually within a week of receiving the report, in order to discuss the outcome and what action, if any, should be taken. You have the right to bring a colleague or a trade union representative to the meeting. A copy of the report and the Director’s findings will be given to you and to the alleged harasser.

Action following the investigation

If the Director considers that there is a case to answer and the harasser is an employee, the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure.

 

Our investigation into your complaint may be put on hold pending the outcome of the Disciplinary Procedure. Where the disciplinary outcome is that sexual harassment occurred, prompt action will be taken to address it. We will also consider what additional measures need to be taken to prevent future sexual harassment of staff. If the harasser is a third party, such as a customer or other visitor, we will consider what action would be appropriate to deal with the problem.

Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the person concerned. It may be appropriate to arrange some form of mediation or counselling, or to change the duties, working location or reporting lines of one or both parties.

 

Any staff member who deliberately provides false information in bad faith, or who otherwise acts in bad faith as part of an investigation, may be subject to action under our Disciplinary Procedure. However, you will not be disciplined or treated detrimentally because your complaint has not been upheld.

 

Appeals

 

If you are not satisfied with the outcome you may appeal in writing to your line manager or a Director (whoever is appropriate), stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

 

We will hold an appeal meeting, normally within one week of receiving your written appeal. Where practicable, the appeal hearing will be conducted by a Director, who has not previously been involved in the case. They may ask anyone previously involved, to be present. You have the right to bring a colleague or a trade union representative to the meeting.

 

We will confirm our final decision in writing, usually within one week of the appeal hearing. this is the end of the procedure and there is no further right to appeal.

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. These will be processed in accordance with our Data Protection Policy.

 

We will monitor the treatment and outcomes of any complaints of sexual harassment or victimisation we receive to ensure that they are properly investigated and resolved. GCL will retain a central register of all informal and formal complaints of harassment or discrimination, including those relating to sexual harassment. This will be regularly reviewed to identify any trends and help us to analyse the effectiveness of our policies.

 

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 HR Department. If the matter is not remedied, you should raise it formally using our Grievance Procedure or this procedure if appropriate.

 

We will monitor the treatment and outcomes of any complaints of sexual harassment or victimisation we receive to ensure that they are properly investigated and resolved, those who report or act as witnesses are not victimised, repeat offenders are dealt with appropriately, cultural clashes are identified and resolved, and workforce training is targeted where needed.

 

We will consider any support GCL may be able to provide to employees if required.
 

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

 

• The Equality Advisory and Support Service (www.equalityadvisoryservice.com).

• Protect (www.protect-advice.org.uk).

• Victim support (www.victimsupport.org.uk).

• Rape crisis (www.rapecrisis.org.uk).

• Rights of women (England and Wales) (www.rightsofwomen.org.uk).