Policy and Procedure for dealing with Sexual Harassment and other forms of
Harassment.
This (Hotel Name) is committed to providing a working environment free of all forms of
harassment and which upholds the dignity and respect of the individual. Harassment will
not be tolerated whether it is perpetrated by the employer, employee, client or by anyone
else the employee comes into contact with during the course of his/her work. (Course of
work may also extend to work-related social events). In addition to creating an
unpleasant and ineffective working environment, many forms of harassment in the
workplace are unlawful. It is therefore in everyone’s interests to prevent and combat this
behaviour
This procedure on harassment and sexual harassment at work is an integral part of the
equal opportunities policy of this company and is operated in conjunction with our health
and safety policy. Any investigation of complaints should take no longer than 40
working days.
The scope of harassment and sexual harassment comes under the Employment Equality
Act 1998 and as such distinguishes between sexual harassment and harassment based on
other grounds.
Definition of sexual harassment:
Sexual harassment can be defined as conduct towards another person which is sexual in
nature or any other act or conduct including spoken words, gestures, or the production,
display or circulation of written words, pictures or other material that is unwelcome and
could reasonably be regarded as sexually offensive, humiliating or intimidating. A single
incident may constitute sexual harassment. The basis element of sexual harassment is
that the behaviour is unwelcome, irrespective of the attitudes of others to the matter. The
intention of the perpetrator is irrelevant and it is up to the employee to decide what
behaviour is unwelcome.
Definition of harassment:
The definition of harassment is similar to that of sexual harassment but without the sexual
element. It is defined under the statutory discriminatory grounds; marital status, family
status, race, age, religious belief, sexual orientation, disability or membership of the
traveller community. Examples which may constitute harassment include but is not
exhaustive of the following:
 Verbal harassment : jokes, comments, ridicule or songs ….
 Written harassment : including faxes, text messages, emails or notices …
 Physical harassment : jostling, shoving or any form of assault ….
 Intimidatory harassment : gestures, posturing or threatening poses ….
 Visual displays such as posters, emblems or badges …
 Isolating or exclusion from social activities …..
 Pressure to behave in a manner that the employee thinks is inappropriate.
Complaints Procedure
Any complaint of harassment and sexual harassment will be promptly and seriously
processed. It is recognised that harassment and sexual harassment are very difficult
issues to deal with and all complaints will be dealt with as sensitively as possible with
due regard to the rights of both the complainant and respondent. As all complaints of
harassment and sexual harassment will be taken very seriously, any attempt to misuse this
procedure through the filing of malicious complaints will result in disciplinary action. It
should also be noted that where a complaint is not upheld, this does not necessarily
indicate that the complaint is malicious and the application of this procedure should not
deter employees from bringing forward legitimate complaints. An investigation should
take no longer than 40 working days.
It is considered a breach of policy and a disciplinary offence for any staff member to
attempt to victimise any employee who makes a complaint or who gives evidence in any
part of the proceeding or other wise retaliate against any individual involved in the
procedure.
Informal Procedure:
If you feel you are being harassed or sexually harassed you should, if at all possible,
endeavour to make it clear to the person, or persons, causing offence that such behaviour
towards you is offensive and unacceptable. If approaching the person fails, or if it proves
too difficult to do, there are other sources of help available to you. This hotel has
designated persons who are available to assist you on a confidential basis in the
resolution of such problems and their names and contact details are available below.
Otherwise you may wish to seek help from a work colleague, a supervisor or a manager.
The main aim of the informal procedure is to restore a working relationship between all
persons but it may not always be practical to use the informal procedure or the
complainant may decide to bypass the procedure. In this case the employee should use
the formal procedure.
Formal Procedure:
If you wish to make a formal complaint you must do so in writing giving precise details
of incidents of the alleged harassment. Assistance in making a formal complaint can be
sought from one of the hotel’s designated persons.
All complaints will be investigated in a confidential manner and without undue delay.
The alleged harasser will be notified in writing within 5 days of the complaint, and given
a copy of the allegation (and informed of his or her right to representation.) He/she will
be requested to respond to the allegations in writing within 5 working days.
Every formal complaint will be examined by a designated member of management who
can be considered impartial and who will decide on a course of action. This course of
action may be a formal investigation and if so the investigation procedure will be
explained to both parties separately. Parties may be accompanied or represented at all
meetings regarding the procedure. Where an allegation is so serious as to constitute Gross
Misconduct under the hotels disciplinary procedure, the provisions of such procedure will
apply. While every effort will be made to preserve confidentiality once an investigation
begins it may be necessary to interview other staff members. Any statements taken from
witnesses will be circulated to the person making the complaint and the alleged harasser
for any comments they wish to make before any conclusion is reached in the
investigation.
Where a complaint is upheld, a disciplinary hearing may be appropriate. Any
disciplinary action will be taken in line with the hotel’s disciplinary policy. This may
include action up to and including dismissal.
This policy aims to ensure that any problems of harassment and sexual harassment are
resolved by the hotel. However it is the statutory right of every individual to process a
complaint under the terms of the Employment Equality Act 1998 through the appropriate
state agency.