HARASSMENT POLICY October 2004 Revised 27th March 2007 1 HARASSMENT POLICY GENERAL DETAIL As an employer, Commercial Cleaning Services Ltd (CCS Ltd) has a moral and legal responsibility to ensure that any form of harassment is prevented and, if this is not possible, to respond effectively and promptly when a complaint of harassment is raised. CCS Ltd expects that all staff will themselves observe acceptable standards of behaviour and will encounter very few problems of harassment within their working environment. Employers who permit any acts of sexual, religious, racial or age based harassment may find themselves liable under the Sex Discrimination Act 1975, the Race Relations Act 1976, and/or the Disability Discrimination Act 1995 and Employment Equality (Age) Regulations, (effective October 2006). Harassment is a great source of stress to an individual, which can seriously harm working and social conditions of staff and students. Any difficulty in defining what constitutes harassment should not deter staff from seeking advice or complaining of behaviour which causes them distress. Anyone who feels they are witnessing or experiencing an incident of harassment should talk to someone - either a friend, or a Manager. DEFINITIONS Timescales: For the purposes of this policy, one week is deemed to be seven days, inclusive of weekends, but exclusive of statutory holidays and concessionary days. Representation: Parties to a harassment grievance may be accompanied at any time through the process by an acknowledged staff representative, this could include a member of a professional association, a trade union official, or a work colleague of his/her choice. Due to the sensitivity of some cases involving harassment, an employee may be represented by a personal friend not acting in a professional capacity. Director: For the purposes of this policy, “Director” means a member of the board of CCS Ltd 2 OBJECTIVE CCS Ltd is committed to providing an environment that is free of harassment. No member of staff should have to worry about coming to work because of the fear of harassment, bullying or abuse. CCS Ltd recognises that all forms of harassment are unacceptable and will respect the particular sensitivity of sexual, religious and racial harassment, bullying, age or any other form of complaints and their consequences. Any incidents of harassment will be regarded extremely seriously and may be grounds for disciplinary action, which may include dismissal. This policy aims to maintain an environment in which harassment is known to be unacceptable and informs individual employees how a grievance about harassment can be raised. It also identifies at what level such grievances are heard, aiming to ensure that any such grievances are dealt with fairly and consistently. The policy will apply to all members of staff, irrespective of length of service or numbers of hours worked, and aims to be nondiscriminatory, being applied irrespective of sex, marital status, sexual orientation, culture, religion, nationality, age, ethnic and national origins, or disability. GENERAL PRINCIPLES It is the perceptions of those who experience harassment rather than the intentions of those accused of harassing which determines what constitutes harassment. There is not a single definition of harassment, but it can include behaviour which is: unwanted/offensive to the recipient intimidating or threatening to the recipient likely to give rise to a hostile and restrictive environment Harassment can take the form of obvious racial or sexual harassment, but can also include other forms, such as insults or bullying, unfounded criticism on performance of work tasks, hostility based on age, disability etc. CCS Ltd is responsible for ensuring that the Harassment Policy and related procedures are applied fairly, consistently and promptly. Both management and members of staff themselves may be hesitant to address the issues of harassment given the sensitivity of the subject, or a mistaken belief that no problem exists. Directors are available to provide advice and support to any manager or member of staff with regard to harassment. Trade Union officials are available to provide advice and support to their members. When a complaint has been made it will be investigated thoroughly and as quickly as possible, ensuring that the rights of the alleged harasser are protected as well as those of the complainant. 3 If a member of staff feels unable to tackle the person concerned, this does not constitute consent to the harassment nor will it prejudice any complaint s(he) may bring. The general principle should be that the decision to progress a complaint rests with the individual. However, there may be exceptional situations in which that principle has to be balanced against the employer’s statutory legal obligations to ensure the general welfare of all employees. Wherever possible, complaints of harassment should be dealt with informally. This is likely to produce solutions which are effective, speedy and with the minimum of embarrassment. Although CCS Ltd wishes to encourage staff to exhaust all possible informal channels for the reasons stated above, it is not the intention to discourage members of staff from recourse to formal procedures. GENERAL PROCEDURE When a member of staff wishes to raise a harassment grievance, the procedure outlined in the Grievance Policy should be followed. This policy provides a procedural framework for raising problems informally and formally. It is divided into three main stages: informal, formal and appeal. It is not anticipated that all harassment grievances will go through all procedural stages. Whenever possible an informal solution should be sought, but there may be some instances where it is appropriate to take formal action immediately. One of the main aims of this policy is to make it possible for a member of staff who finds it difficult or embarrassing to raise the problem directly with the person creating the problem to seek support and/or advice from a third party within the Company (eg a Director or a Trade Union Representative). It is advisable that the complainant should keep a note of the alleged harassment and details of the steps s(he) had taken to try to stop the alleged harassment. Any third party involved in a grievance is at liberty to make notes for future reference. Where Directors are involved, unless expressly requested to the contrary, they will make brief summary notes and place these on the complainant’s personal file in case they are required in the future. 4