The welfare of our team is incredibly important to us. Wholegrain recognises that a safe and supportive working environment is essential to employee well-being, and that when these factors are absent, it can have a negative knock-on effect to an employee’s personal and professional life.    

The law requires employers to take reasonable steps to prevent the sexual harassment of their employees. This policy outlines the actions that Wholegrain takes, in addition to our expectations of all staff behaviour towards each other and towards those who they interact with on behalf of Wholegrain. It also includes the framework as to how complaints concerning inappropriate conduct towards a Wholegrain employee should be reported and what we will do when in receipt of such a complaint.      

Wholegrain holds the view that any instance of harassment is unacceptable. We have a separate Dignity at Work policy which deals with other types of harassment that may occur in the workplace.  This policy should be read in conjunction with it.     

This policy applies to all team members at Wholegrain. It covers sexual harassment and victimisation of, and by, employees in the workplace. It also covers sexual harassment and victimisation towards, or from, a third-party. For example, a client, supplier, office visitor, contractor, consultant, intern or work experience individual. This policy does not form part of your contract of employment and may be amended from time to time. 

Any, and all, personal data used in conjunction with this policy shall be collected, held, and processed in accordance with our Data Protection Policy.

Definitions

Wholegrain recognises that sexual harassment may exist in the workplace, and that when it does, it can seriously affect peoples working lives by interfering with their job performance or by creating a stressful, intimidating, and unpleasant working environment. In referring to sexual harassment and victimisation in the workplace, it’s important to be clear on what that might look like and where it could happen, so let’s start with clarifying these terms first to avoid any confusion. 

Sexual harassment: When we refer to ‘sexual harassment’ we are referring to unwanted conduct of a sexual nature, which has the purpose or effect of violating a person’s dignity and/or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.  Sexual harassment may be persistent, or a one-off and isolated incident. It can be obvious or subtle, face-to-face or indirect. It can be physical, verbal or non-verbal, for example, occurring over email, via Slack or as part of a social media post. 

Victimisation: When we refer to ‘victimisation’, we are referring to behaviour that treats someone less favourably because they have submitted to, or refused to submit to, unwanted conduct of a sexual nature.  We are also referring to conduct that subjects an individual to detriment because they have done, are suspected of doing, or intend to do, an act which is protected under discrimination and harassment laws.  For example, the reporting of an incident of sexual harassment in the workplace or submitting a witness statement further to witnessing sexual harassment of a colleague.

Workplace: When we refer to the ‘workplace’ we are not just referring to the physical workplace in the office or the virtual workplace that exists via communications over Slack, email and calls. References to the ‘workplace’ includes all Wholegrain related work activities, for example, attendance at conferences, company networking events, team days and work-related socials. ‘Workplace’ also refers to Wholegrain activities either on or off-site, for example meeting up with a client or prospective client to discuss business. In addition, such work-related activities may occur within, or outside of, working hours. In short, ‘workplace’ can include any location or time where Wholegrain’s business or activities are conducted.

Examples of Sexual Harassment and Victimisation

Most of us will have an idea as to what sexual harassment might look like, however, there are often other, more subtle, types of behaviour that could be considered as sexual harassment which are important to highlight. The following are examples of conduct that would be automatically considered by Wholegrain as sexual harassment. Please note that this list is not finite and that any behaviour that is aligned with the definition of sexual harassment as stated in this policy could also be added to these examples:  

  1. Unwelcome sexual advances or physical contact of a sexual nature
  2. Physical assault of a sexual nature
  3. Comments, innuendo, speculation or banter of a sexual nature
  4. Intrusive or offensive questions of a sexual nature
  5. The offer of rewards for going along with sexual advances
  6. Unwelcome comments about a person’s appearance, their body or their clothing
  7. Intrusion by pestering, spying or following
  8. Visual displays of sexually graphic posters, pictures, photographs, screensavers, downloaded images or gestures of a sexual nature
  9. Suggestive looks, staring or leering
  10. Sharing of pictures or objects with sexual or pornographic overtones, even if not directed at any specific person
  11. Spreading malicious rumours of a sexual nature about an individual
  12. Sending offensive and/or sexually explicit emails, texts or visual images, or posting such images on social media
  13. Inciting others to commit any of the above  

Needless to say, employees who exhibit such behaviour, or incite others to do the same, will be in serious breach of this policy.

Examples of Victimisation

This may include: 

  1. Not considering an individual for promotion because they have previously made a complaint of sexual harassment
  2. Dismissing an employee because they accompanied a colleague to a meeting about sexual harassment complaint
  3. Excluding an individual from a team meeting because they gave evidence as a witness for another employee as part of a sexual harassment complaint

Sexual Harassment by a Third-Party

Wholegrain operates a zero-tolerance approach in relation to sexual harassment of its employees by a third party. A third party could be a client, supplier, visitor to our office, a contractor, consultant, agency worker, intern or a work experience individual for example.   

The Equality Act requires employers to take steps to actively prevent sexual harassment of their employees by third parties. In support of this, Wholegrain will:

  1. Advise its clients and suppliers of the mutual obligation that exists, to prevent sexual harassment of each other’s employees during our working relationship. In addition, we will outline Wholegrain’s expectations on how incidents of sexual harassment towards, or from, Wholegrain employees, will be managed
  2. Provide a copy of this policy to all new employees on joining Wholegrain
  3. Provide a copy of this policy to its contractors, consultants, agency workers, interns and work experience individuals as part of their induction to Wholegrain
  4. Provide training to all employees to enable them to recognise instances of sexual harassment and how to report such in the first instance

Employees are encouraged to report any instances of sexual harassment involving a third party to the Managing Director (or a member of the SLT) in the first instance. This will enable a swift escalation of the matter within the accused’s organisation and enable the relevant mechanisms to be put in place to prevent a recurrence, as well as restrict contact between the parties whilst the matter is being investigated.

If, following investigation, an allegation of sexual harassment by a third party proves to be well-founded, steps taken by Wholegrain may include:

  1. Warning the individual and/or the organisation that they represent about the inappropriate nature of their behaviour
  2. Ceasing business with the individual and/or the organisation that they represent
  3. Banning the individual from our premises or from being involved in the working relationship with Wholegrain
  4. Reporting the individual’s actions to the police

In the event that a third-party claims that a Wholegrain employee has sexually harassed them, then the matter will be fully investigated in accordance with Wholegrain’s ‘Disciplinary Policy and Procedure’. This may include removing all interaction with the third-party concerned whilst the investigation is underway and/or suspending the employee concerned.

Reporting Sexual harassment

Any employee who feels that they have been subjected to sexual harassment or victimisation should raise the matter as soon as possible to their Line Manager, or to a member of the SLT, or to HR. Complaints can be reported informally and/or formally using the following procedures.     

Informal Procedure

If the employee feels able to do so, they should speak up at the time when they feel harassed or victimised. It is important to be direct and for the employee to state explicitly that they feel that way and that the behaviour is unacceptable to them. It may be that the person whose behaviour is causing offence is genuinely unaware that their behaviour is unwelcome or causing distress and that a direct approach can resolve the matter without the need to use the formal procedure.

The employee can also discuss the matter with another colleague, or a Line Manager, or with HR if they prefer and ask one of these parties to speak to the harasser on their behalf.   

Alternatively, the employee may prefer to put their concerns in writing to the harasser so that they are clear what behaviour they find offensive and the expectations that such behaviour ceases immediately. The letter/email should be dated and a copy kept on file in case of any possible future formal complaint.  

Where the informal procedure is used, both parties should keep a written record of the meeting/conversation that includes details of what was discussed, who was present at the meeting, when it took place and any proposed action.

If the employee feels unable to deal with the issue informally, or if informal steps have failed to resolve an employee’s complaint, a formal grievance as detailed below can be raised by the employee.

Formal Procedure

Any employee who feels that they have been subjected to sexual harassment or victimisation may at any time decide to deal with the issue through formal procedures using the Company’s Grievance Policy, regardless of whether informal steps have been taken or not.

When bringing a complaint of sexual harassment or victimisation, the employee should provide:

  1. The name of the person whose behaviour is believed to amount to sexual harassment or victimisation
  2. The behaviour that is causing offence, with specific examples
  3. Dates and times when incidents of sexual harassment or victimisation occurred
  4. The names of any individuals who witnessed any incidents
  5. Details of any action they have already taken to try and address the harassment or victimisation

Wholegrain will investigate any complaint thoroughly and fairly. An employee accused of sexual harassment or victimisation will be informed of the exact nature of the complaint against them and given a full opportunity to give their version of events.

During the investigation, we may have to suspend or temporarily redeploy either the employee making the complaint of sexual harassment or victimisation, or the employee suspected of sexual harassment or victimisation. Suspension will be on full pay and is not a disciplinary sanction. As soon as the investigation is complete, we will inform the employee suspected of sexual harassment of the outcome and decide if it is appropriate to start disciplinary proceedings. 

At the conclusion of the investigation, a report of the findings will be submitted to the Line Manager who will hold the grievance meeting. The employee who has made the complaint will be invited to attend a meeting to discuss the matter. The meeting will be held in accordance with the Company’s Grievance Policy.

Witnessing Sexual Harassment or Victimisation

If you see an employee being sexual harassed or believe an employee has been victimised in relation to a complaint previously raised, then please take action to address or report the behaviour if you feel able to. If the employee themselves is unable to intervene to prevent the action, then please encourage them to either report the incident to their Line Manager, SLT member or HR or suggest that you do so on their behalf and with their consent.   Reports of incidents should be made in writing to the individual’s Line Manager, SLT member or to HR so that the facts of the matter are clear from the outset.  If there are concerns about reporting to the employees Line Manager, then a report direct to HR or a member of the SLT is fine.  The important thing is that the incident is flagged so that it can be investigated, and appropriate support can be given to the employee(s) affected.

Consequence of a breach of policy

Sexual harassment or victimisation is a disciplinary offence and will be dealt with in accordance with the Company’s Disciplinary Policy and Procedure.  Sexual harassment or victimisation may constitute gross misconduct which would result in the termination of an employee’s employment without notice. 

Employees should also bear in mind that sexual harassment may also constitute a criminal offence punishable by a fine and/or imprisonment. Therefore, any employee who has been sexually harassed will be advised to also report the matter to the Police. 

Sensitive complaints

Wholegrain recognises that some issues and complaints can be very sensitive and encourages team members to speak with a member of the SLT, another Line Manager or HR in the event that they do not wish to discuss the matter with their Line Manager.  All discussions will be dealt with sensitively and in confidence.

Vexatious complaints 

If upon investigation, a complaint has been found to be untrue and brought about in bad faith (i.e. spite) then it would be referred for further action under the Disciplinary Policy and Procedure.

Confidentiality 

We will treat any complaint received under this policy confidentially.  All employees or other members of staff involved in an investigation are required to respect the need for confidentiality.  Wholegrain will maintain records of investigations into alleged incidents of sexual harassment or victimisation and the outcome of the investigations. These records will be maintained in confidence and in line with the Company’s Data Protection Policy.

Any breaches in confidentiality relating to this policy will be subject to disciplinary action in the case of employees and consideration of the ongoing working relationship with all other members of staff.  

Training

Wholegrain will provide training and guidance on this policy to all employees to ensure there is a clear understanding of:

  1. What sexual harassment and victimisation is defined as
  2. Examples of what sexual harassment might look like
  3. How employees can report any incidents of having been harassed or having witnessed such incidents
  4. How acts of sexual harassment by employees will be dealt with under the Company’s Disciplinary Policy and Procedure
  5. How acts of sexual harassment by a third-party will be managed

Support and Advice 

Confidential support is available by contacting the employee assistance programme available via the Somerset House employee assistance programme.  For further details of this, please refer to the login areas for the Somerset House Exchange.