Sexual Harassment Prevention and Action Policy

If a person does not object to inappropriate behaviour at the time, it should not be assumed that they are giving their consent. Consent exists where clear and unambiguous consent has been freely given and continues to be given.

It can happen anywhere in the workplace, such as the canteen, toilets or office. It can also occur away from the workplace, such as at clients' homes, conferences, training courses, staff parties and other social events related to work. It may take place in private or in public. Whatever form it takes, it is unwanted and unwelcome to the individual.

It is possible that a person does not object to inappropriate behaviour at the time due to reasons such as feelings of shame, powerlessness, embarrassment, lack of confidence and the inability to feel as though they can challenge a colleague or superior.

Sexual harassment has many forms of variable seriousness. A person sexually harasses someone when they:

• insinuate, propose or demand sexual favours of any kind
• invade another person's personal space. For example, inappropriate touching.
• stalk, intimidate, coerce or threaten another person to get them to engage in sexual acts
• send or display explicit objects or messages
• online sexual harassment, where digital technologies are used to facilitate both virtual and face-to-face harassment. For example, the sharing of unsolicited sexual images, videos and messages, the non-consensual creation or distribution of sexual images, or sexual coercion, threats and intimidation online.
• comment on someone's looks, dress, sexual orientation, or gender in a derogatory or objectifying manner or a manner that makes them feel uncomfortable
• make obscene comments, jokes or gestures that humiliate or offend someone
• pursue of flirt with another person persistently without the other person's willing participation. Flirting with someone at an inappropriate time, for example in a team meeting, is considered sexual harassment, even when these advances may have been welcome in a different setting.

The most extreme form of sexual harassment is sexual assault. This is a serious crime and North Norfolk District Council will support employees who want to press charges against offenders.

All employees are responsible for:

• modelling appropriate behaviour
• taking personal responsibility to raise concerns about any sexual harassment in the workplace, whether this was experienced personally or witnessed. Concerns should be raised with an appropriate manager or member of the HR Team.
• contributing to a respectful and productive working environment
• being willing to help and support their colleagues
• treating any allegations or complains of sexual harassment with appropriate confidentiality
• making sure a person is not victimised for making or being involved in a complaint of sexual harassment

All line managers will:

• model appropriate behaviour
• carry out training to make sure they understand what sexual harassment is and their responsibilities for eliminating this in the workplace
• monitor the workplace environment to make sure as far as is practicable, standards of conduct are always maintained and that sexual harassment is not tolerated
• promote awareness of the avenues for advice and the complaints procedures with respect to sexual harassment as set out in this policy
• treat complaints and behaviour seriously and take immediate action as appropriate
• treat complaints of sexual harassment with appropriate sensitivity and confidentiality
• make sure that a person is not victimised for making, or being involved in, a complaint of sexual harassment

The Human Resources team will be responsible for:

• making sure that there are clear processes in place for raising complaints
• promoting positive working relationships with the Council
• clearly communicating these processes amongst employees
• identifying potential risk factors and taking prompt, reasonable action to minimise those risks
• making sure information and training to support the effective implementation of this policy is accessible
• monitoring and evaluation the effectiveness of this policy
• offering guidance to employees and managers on the interpretation of this policy and guidance

As a manager:

• take any complaint of sexual harassment seriously
• think carefully about the way you handle the complaint to make sure it's done fairly, sensitively and the correct procedure is followed
• report the incident to HR and get advice
• tell everyone involved in the complaint what the process will be. Each person should be informed separately.
• handle the complain as quickly as possible
• make sure the matter is dealt with confidentially, only sharing information where absolutely necessary

The individual making the complaint may talk to you to try and resolve the problem informally. They may wish to raise this formally through the Council's Bullying and Harassment Policy if it is felt that:

• raising it informally will not or has not resolved the issue
• it does not seem appropriate in the circumstances to raise it informally

The complaint might come from:

• the person who's experienced sexual harassment
• someone who's witnessed it

When talking to someone about their sexual harassment complaint, think carefully about what will be said to them. Listen carefully, thank them for coming forward to share their experience and acknowledge that is is not an easy thing to do. Make it clear that their reaction is not considered to be over-sensitive nor the incident to be trivial, and that you are prepared to help.

Make a specific appointment in a confidential space, allowing enough time for a full conversation. Explain at the start of the conversation what the process is, what remains confidential and what will be shared. Be sure to find out if anyone else is involved or potentially at risk. Some things will not be appropriate or acceptable.

Examples

Do not tell someone it could be a long and difficult process or ask them if they're sure they want to go ahead. This could imply you think they should not carry on with the complaint.

Do not say their complaint does not seem that serious. All complaints should be treated seriously.

It is important to remember that sexual harassment is unwanted behaviour of a sexual nature.

To be sexual harassment, the unwanted behaviour must have either:

• violated the person's dignity, whether it was intended or not
• created an intimidating, hostile, degrading, humiliating or offensive environment for the person, whether it was intended or not

A manager should not let personal views influence a situation or dismiss a concern. For example:

• If you get on well with the person accused of sexual harassment or think they're a decent person, this should not influence how the situation is handled.
• Consideration should be given in the above circumstances to the most appropriate person to deal with the complaint.
• Behaviour one person may not find offensive or unwanted might have a different effect on someone else.

A complaint of sexual harassment should not be doubted simply because it happened away from other people or nobody else witnessed it.

A complaint of sexual harassment must not be ignored or covered up. If this is the case, disciplinary action may be taken.

Any complaints should be managed in accordance with the Council's Bullying and Harassment Policy.

The Bullying and Harassment Policy encourages issues to be dealt with informally (Bullying and Harassment Policy, 5.0 Information Procedure).

In some cases, there may only be the word of the person making the complaint against the word of the person they are accusing. For example, if the incident happened away from other people or nobody saw it.

After hearing the evidence from both sides in a fair process, the investigation officer can still decide whether the case is valid. It is important that you get advice from the HR team when making a decision.

If someone reports that they have been sexually assaulted or raped at work, they may want to report it to the police.

They should be encouraged to talk about whether they want to tell the police and supported if they choose to report it. This should be done in a sensitive and non-judgemental way and reassurance provided that reporting any incident to the police will not result in penalisation at work.

Before reporting any incident to the police, advice should be sought from the HR team.

No pressure should be put on the individual to make any particular decision. If they do not want to tell the police, they do not have to. In most cases, you should go along with their decision. However, in certain circumstances, it may be decided that the police should be informed. This may be if the manager, investigating officer or the person who has made the complaint believes there may be:

• an ongoing risk to their safety or the safety of others
• an increased risk to their safety because they are a vulnerable person

Before telling the police, it should be discussed with the person who's made the complaint. They should also be informed when the police have been made aware.

If an individual is not sure how to proceed, this should be discussed with a member of the HR team.

If it has been reported to the police or a matter is currently going through court, it is unlikely the Council will have to wait for the criminal process to conclude to:

• investigate the complain
• carry out a workplace disciplinary process

It should, however, be checked with the police before doing either of these things, and discussed with the HR team to make sure there is no risk of prejudicing the criminal process.

All information should be provided to the police when requested.

If a criminal process does not result in a conviction, the organisation may still choose to proceed with a disciplinary process. The level of evidence to prove a criminal offence is higher for a conviction than for an employer's disciplinary process to decide that a workplace disciplinary offence has been committed.

Being sexually harassed is extremely distressing and can be life-changing.

It is possible that the individual making the complaint may be concerned that:

• they will not be taken seriously
• they will be made to confront the person accused of the act
• they may be questioned about their personal life
• other colleagues may find out personal information about them
• they may be victimised for making a complaint

The Council must make sure that none of the above happens and, in addition, that:

• reporting an incident of sexual harassment is as easy as possible
• the person who has experienced or witnessed the behaviour feels safe and protected. Discussions should be had with them about what may help them feel safer.
• encourage the individual to access support (Vivup)
• talk to the individual privately and allow plenty of time
• the person investigating the complaint is impartial and trained for the role

It's likely to be very distressing for an employee to be accused of sexual harassment. It is a serious matter for them as well as those alleging the conduct.

The Council must:

• carry out a fair and thorough investigation
• not presume the accusation is either true or false

It is important to offer support and sensitivity to the individual accused to make the handling of the complaint is balanced.

They may be worried that:

• what they say will not be taken seriously
• they may be made to confront the individual making the accusation
• they may be quizzed about their personal life and other colleagues will be aware of personal information about their life
• they may experience discrimination at work and be concerned about how they will be treated by colleagues

The Council must make sure that none of the above happens and, in addition, that:

• reporting an incident of sexual harassment is as easy as possible
• the person who has experienced or witnessed the behaviour feels safe and protected. Discussions should be had with them about what may help them feel safer.
• encourage the individual to access support (Vivup)
• talk to the individual privately and allow plenty of time
• the person investigating the complaint is impartial and trained for the role

It is a good idea to make a note of what happened as soon as possible. This should include dates, times, and names, including the names of any witnesses. Making a note of the incident can be helpful, especially if talking about the situation is distressing.

It might help to talk to someone to get advice and support before deciding whether to make a sexual harassment complaint.

This may be:

• someone trusted at work. For example, a colleague or manager.
• a trade union representative
• a member of the HR team

If someone is being sexually harassed at work, and it is safe to do so, actions may be taken to step in and try to stop it happening.

After an incident has happened, it is possible to:

• support a complaint made by the person who experienced this sexual harassment
• report what has been seen
• give evidence as a witness, for example, at a hearing
• make a sexual harassment complaint because what has been seen has violated dignity or created an intimidating, hostile, degrading, humiliating or offensive environment

If making a complaint, it is not necessary to have the permission of the person who's been sexually harassed.

Someone must not be victimised if they make or support a complaint or act as a witness. This means they must not be:

• stopped from giving evidence
• treated unfairly because they've made a complaint, given evidence or support a complaint

Ways to support someone else's complaint include:

• making a statement, which may or may not mean appearing as a witness at a hearing
• giving evidence that the person accused of sexual harassment has also sexually harassed another individual
• comforting or supporting someone who's experienced sexual harassment

Bystanders, including colleagues, who witness or are aware of sexual harassment, can play an important role in preventing sexual harassment in the workplace. When grounded in behaviours of integrity and respect, action taken by colleagues can positively impact on defining workplace culture.

When it is safe to do so, bystanders who are aware of sexual harassment are encouraged to:

• provide support to the colleague who is being subjected to sexual harassment
• challenge concerning behaviour
• report sexual harassment

In some situations, a witness may wish to remain anonymous, and where appropriate, this will be provided. However, it may not be possible in all circumstances to keep the identity of a person or people providing information confidential.

If a witness to a situation, an individual should:

• pay attention to what is going on
• assume personal responsibility and do not assume someone else will do something
• make sure it is possible to stay safe
• implement the help and act in one of the following ways:
  • Direct: this involves direct intervention, going and talking in a calm way to those involved
  • Distract: point out something else to distract the instigator
  • Delegate: if there is someone else available with more power, make them aware
  • Delay: check in on the concerned individual

Report or make a complaint about any instance of sexual harassment to a manager, assistant director, member of CLT or the HR team.

If anyone wishes to report or make a complain about any instance of sexual harassment anonymously, this should be done by making a complaint in line with the Whistleblowing Policy.

The Council takes all allegations of sexual harassment seriously.

The procedures for dealing with allegations of sexual harassment and possible consequences regarding any breach of this policy are managed and investigated in line with North Norfolk District Council's Bullying and Harassment Policy.

Individuals are encouraged to report any allegations of sexual harassment using the internal procedure.

If a complaint of sexual harassment is made, or sexual harassment is observed or brought to the attention of a manager, it will be acted on immediately and managed in a sensitive and confidential manner.

Where a complaint of sexual harassment is found to be substantiated, the consequences for the person against whom the complaint is made will depend on the circumstances.

The consequences may include an apology, undertaking training, or disciplinary action, which may include termination of employment.

Support and representation may also be requested from UNISON.

Disclosures of sexual harassment will be treated in confidence to protect an employee's privacy. However, in some instances, a matter may need to be escalated or referred onwards without agreement from the individual, particularly in circumstances which may:

• constitute a criminal offence
• constitute an occupational health and safety risk
• require disciplinary action

If a matter needs to be escalated or referred, the person handling the matter will notify the person who made the disclosure of who has been informed.