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.