AIMS Personal harassment policy and procedure

Introduction

Harassment or victimisation on the grounds of the following protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity leave, race including colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation is unacceptable.

Personal harassment takes many forms but whatever form it takes, it is unlawful under the Equality Act 2010 and will not be tolerated.

This policy will be reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness.

Scope

We deplore all forms of personal harassment and seek to ensure that the working environment is sympathetic to all those who work for us. This includes volunteers in all areas of the Charity.

Definitions

Harassment

This is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Unwanted conduct can include:

  • spoken words
  • banter
  • written words
  • posts or contact on social media
  • imagery
  • graffiti
  • physical gestures
  • facial expressions
  • mimicry
  • jokes or pranks
  • acts affecting a person’s surroundings
  • aggression, and
  • physical behaviour towards a person or their property.

Sexual harassment

This is unwanted conduct of a sexual nature which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

  • sexual comments or jokes
  • displaying sexually graphic pictures, posters or photos
  • suggestive looks, staring or leering
  • propositions and sexual advances
  • making promises in return for sexual favours
  • sexual gestures
  • intrusive questions about a person’s private or sex life or a person discussing their own sex life
  • sexual posts or contact on social media
  • spreading sexual rumours about a person
  • sending sexually explicit emails or text messages, and
  • unwelcome touching, hugging, massaging or kissing.

Less favourable treatment for rejecting or submitting to unwanted conduct

This occurs when:

  1. someone is subjected to unwanted conduct:

  • of a sexual nature
  • related to sex, or
  • related to gender reassignment
  1. the unwanted conduct has the purpose or effect of:

  • violating their dignity, or
  • creating an intimidating, hostile degrading, humiliating or offensive environment for them, and

they are treated less favourably because they submitted to, or rejected the unwanted conduct

Circumstances that are covered

This policy covers behaviour which occurs in the following situations:

  1. a work situation, including a situation that is related to work, for example, a working lunch or social event with colleagues;

  1. outside of a work situation but against a colleague or other person connected to the Charity, including on social media;

  1. against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role.

Complaining about personal harassment

Informal complaint

We recognise that complaints of personal harassment, and particularly of sexual harassment, can sometimes be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal resolution process. In these circumstances you are encouraged to raise such issues with your Team Lead, a member of the management team or Trustee of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper. This person cannot be the person who will be responsible for investigating the matter if it becomes a formal complaint.

If you are the victim of minor harassment you should make it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If you feel unable to do this verbally then you should send a written request to the harasser, and your confidential helper can assist you in this.

Formal complaint

Where the informal approach fails or if the harassment is more serious, you should bring the matter to the attention of the trustees as a formal written complaint and again your confidential helper can assist you in this. If possible, you should keep notes of the harassment so that the written complaint can include:

  1. the name of the alleged harasser;

  1. the nature of the alleged harassment;

  1. the dates and times when the alleged harassment occurred;

  1. the names of any witnesses; and

  1. any action already taken by you to stop the alleged harassment.

On receipt of a formal complaint we will take action to separate you from the alleged harasser to enable an uninterrupted investigation to take place. This may involve a temporary transfer of the alleged harasser to another team or suspension of their AIMS email account.

The complaint will be investigated by a panel of two trustees using the same procedure as for the formal review stage of the AIMS resolution process.

The trustees dealing with the complaint will invite you to attend a meeting, at a reasonable time to discuss the matter and carry out a thorough investigation. Such meetings will normally be held online. You have the right to be accompanied at such a meeting by your confidential helper or other agreed person of your choice and you must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence will be a disciplinary matter.

On conclusion of the investigation, which will normally be within ten working days of the meeting with you, the decision of the investigators, detailing the findings, will be sent in writing to you.

You have the right to appeal against the findings of the investigators in accordance with the appeal provisions of the resolution process.

Resolution

If the decision is that the allegation is well founded the trustees will work with all parties to try to find a resolution satisfactory to both sides. If it is not possible to find a resolution or if the same situation arises again, the harasser will be removed as a volunteer.

If you bring a complaint of harassment you will not be victimised for having brought the complaint. However if it is concluded that the complaint is both untrue and has been brought with malicious intent, we may need to consider your continued status as a volunteer.

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