Sexual Harassment

By law, employers have to take reasonable steps to prevent sexual harassment of their workers taking place. Here at the Co-op, we have a zero-tolerance approach to any form of bullying, harassment, or discrimination and this includes sexual harassment.

We know that sexual harassment at work can have a damaging effect on our colleagues’ mental and physical health and a negative impact on our workplace culture.

We will always take any allegations seriously and handle them fairly, sensitively, and promptly. There are no time constraints around reporting an incident of sexual harassment as we know that it can take colleagues time to feel comfortable to come forward, but we would encourage colleagues to come forward as soon as they can, so we have the best chance of investigating and resolving the situation.

This policy explains:

• What sexual harassment is
• What we mean by zero tolerance
• What to do if you experience or witness sexual harassment
• Managers responsibility for dealing with complaints
• How to access emotional support whether you are experiencing sexual harassment, have been accused of it or are supporting a colleague

This policy applies to all colleagues, as well as agency workers, contractors and job applicants.

Crucial bits

We all have a responsibility to create a culture where sexual harassment doesn’t happen in our Co-op and challenge it or report it if we see it happening.

So it’s clear, if we find that you’ve sexually harassed someone or have victimised a colleague because they have raised a legitimate concern, we regard this as potential misconduct and disciplinary action may be taken against you up to and including dismissal. An employee who receives a formal warning or is dismissed for sexual harassment/victimisation may appeal using our disciplinary appeals process. Aggravating factors such as an abuse of power over a more junior colleague will be taken into account when deciding what disciplinary action should be taken.

What is sexual harassment?

Sexual harassment is unlawful.

Sexual Harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Sexual Harassment is also treating someone less favourably because they have either submitted a complaint of sexual harassment or have rejected such behaviour.

Unwanted means the same as unwelcome or uninvited. It means it’s unwanted by the person who is being sexually harassed, often referred to as the victim. It’s important to note that sexual conduct which has in the past been wanted can become unwanted and the person receiving the behaviour decides if it’s unwanted; not the person doing it.

Even if there’s no intention to cause distress, it can still have the effect of violating someone’s dignity or creating an intimidating environment. A person can be affected by sexual harassment even if the conduct is not aimed at them.

Sexual harassment can be a one-off incident or ongoing and can occur in many forms including in person, in writing and online through social media, WhatsApp and email and can take place at work or outside of work. It can occur during any situation related to work such as at a social event with colleagues, an organised leaving party or after work drinks, it can be against a colleague or other person connected to the Co-op, or anyone outside of work where the conduct relates to your suitability to carry out your role.

The perpetrator (person who conducts the harassment) and victim (person who receives the harassment) can be of any sex, gender identity and sexual orientation.

Whilst this is not an exhaustive list, examples of sexual harassment include:

• sexual comments or jokes
• displaying sexually graphic pictures, posters or photographs
• 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
• unwelcome touching, hugging, massaging , kissing, patting, pinching, grabbing, or groping
• unwanted physical sexual activity such as attempted and actual rape or sexual assault
• using a position of power/seniority to make unwanted sexual advances to another colleague
• describing people’s physical appearance in a sexual manner
• using terms such as babe, dear and stud without consent
• indecent exposure, voyeurism, or stalking

Banter

Experiences of sexual harassment can often be dismissed as ‘banter’ or teasing or joking and can show up in many ways at work. It doesn’t matter if others think ‘it’s okay’ or ‘it’s just banter’ or it’s just ‘having a laugh’ or is commonplace at work. It is still sexual harassment if the behaviour is of a sexual nature, it’s unwanted and it violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

Victimisation

Victimisation is unlawful. It means treating someone less favourably because they have made or may make, or it’s suspected that they may make a complaint about sexual harassment or have helped someone make a complaint or an allegation about sexual harassment.

Co-op will not tolerate any form of victimisation.

Zero tolerance

We adopt a zero-tolerance approach to sexual harassment. This means that we do not accept sexual harassment at Co-op.

At Co-op, Zero Tolerance means we will never ignore or minimise bullying, harassment, or discrimination in any form, including sexual harassment. We take every concern seriously, whether raised informally or formally, and we are committed to responding fairly, using sound judgement and in line with our policies and values.

Where concerns are escalated formally, they will be thoroughly investigated and appropriate outcomes will follow. These may include formal warnings, mandatory training, reassignment of duties (where appropriate), or dismissal, depending on the nature and severity of the behaviour.

Zero Tolerance does not mean dismissal in every case. It means we are committed to acting in a way that fits the situation, supported by a fair and thorough process that considers the specific circumstances of each case.

Malicious complaints will also not be tolerated. Where proven, they will be addressed in line with our disciplinary process.

What to do if you are subject to sexual harassment or victimisation

Resolving things informally

Sometimes an informal approach may be enough to make the harassment stop; especially where it is unintended, and the person is not aware that their behaviour is unwelcome. In these instances, an informal conversation may lead to greater understanding and an agreement by that person that their behaviour will change.

If you feel comfortable speaking to the person responsible about how their actions are making you feel and asking them to stop, we encourage you to do so. You shouldn’t do anything which may put you at risk of further sexual harassment or other harm.

If you don’t feel comfortable to speak to the person but would still like to try and resolve the matter informally, talk to your manager, or another manager, who can speak to them on your behalf should you wish.

We understand there may be times when you don’t feel that you can speak to your manager or your complaint is about them. In this situation we would encourage you to speak to their manager if you are able or another manager who you feel comfortable speaking to.

You can also call HR Services on 0330 606 1001 option 3. They will need some limited information from you including your name and the name of the perpetrator. They will pass this information onto ER Services who will assign an appropriate manager to contact you and investigate.

There may be other people you would feel comfortable speaking to such as your Trade Union representative if you are a member. You can find contact details for Usdaw here: USDAW - Contact Us and Unite here Contact Us - Unite The Union

We also have a colleague support programme, which gives you access to a 24/7 colleague helpline – 08088 021 122. Rest assured this is a completely confidential, independent helpline which is free to access.

We also have a free confidential bullying and harassment helpline if you don’t feel that you can speak to your manager. The phone number is 0800 640 9088 and email address BHD@healthassured.co.uk

It is important to be clear that engaging in informal resolution initially does not prevent you from raising a formal complaint at a later time.

Raising things formally

If you don’t feel comfortable raising informally, or it’s not appropriate to resolve things informally due to the seriousness of the action, or you have raised things informally and they haven’t resolved the issue, we encourage you to make a formal complaint. You should do this by raising a grievance. You’ll need to put your grievance in writing , either in a letter or by completing the template grievance form and send it to your manager - or if your complaint is about your manager, to their manager or another trusted manager. Grievance policy , Grievance process

We will investigate as quickly as possible and take appropriate action. We will keep you informed and support you during this time. You have the right to be accompanied at the meeting by a work colleague or trade union representative. If you’re under 18 you can choose to be accompanied by a parent or guardian. If you’re a member of a trade union, you may want to talk to them about things, even if you don’t want to be accompanied to the meeting. If you’re a trade union representative yourself, you can be accompanied to a grievance meeting by an official from your trade union.

If it wouldn't be reasonable to discuss the details in front of another colleagues, please speak to the hearing manager about being accompanied by someone who can offer emotional support, such as a friend.

Please give the following information in your written complaint:

a) the name of the alleged harasser.

b) the nature of the alleged harassment.

c) the dates and times when the alleged harassment occurred.

d) the names of any witnesses

e) any action already taken by you to stop the alleged harassment

Please include, if you have them, any notes you made at the time but do not worry if you do not have this.

Upon receipt of a formal complaint, we will take action, where appropriate, to separate you from the alleged harasser so that an uninterrupted investigation can take place. Depending on the circumstances this may include temporarily transferring the victim or the alleged harasser to another work area, shift, team or suspension on full pay until the matter has been resolved. We may also change rotas or shifts if appropriate.

If you are the manager who is dealing with a complaint of sexual harassment, it is important that you take immediate action and call ER Services on 0330 606 1001 option 2.

Support and protection for colleagues

We operate on the understanding that concerns are raised in good faith. A colleague will not be subjected to negative treatment if they raise a concern in good faith, even if the complaint is not ultimately upheld.

If a complaint is found to be false and made in bad faith this will be treated in line with the Co-op disciplinary policy.

Witnessing an incident

If you witness sexual harassment, we encourage you to speak up.

If you are comfortable to do so we encourage you to intervene at the time of the incident, encourage the victim to seek appropriate support and guidance and volunteer to provide an accurate witness statement. If you feel comfortable to, you could raise this to an appropriate manager on the victim’s behalf.

You won’t be treated unfavourably for speaking up.

You shouldn’t do anything which may put you at risk of sexual harassment or other harm.

If you ask us not to take things further

If you raise a complaint but then ask us not to take the matter any further, we will keep the situation under review. If we believe we must take formal action, we will explain this and put measures in place to support you.

Criminal Offence

Some acts of harassment may amount to a criminal offence. We will support you if you wish to report a crime to the police. We won’t pressure you to make any particular decision but, in some situations, we may decide we have to tell the police for example if we believe there is an ongoing risk to your or others’ safety. If we do report it, we will talk to you before we do and let you know when we have told them.

If you have been sexually assaulted or raped at work, there are specialist helplines you can call for support and advice: Rape Crisis England & Wales, Rape Crisis Scotland | Working to end sexual violence, Galop - the LGBT+ anti-abuse charity; Help after rape and sexual assault - NHS (www.nhs.uk)

If you have been accused

We understand that it is distressing to be accused of sexual harassment. We will carry out a fair and thorough investigation and not make assumptions ahead of the outcome of the investigation.

If we find the allegations are untrue, we won’t allow you to suffer negative treatment in your employment because of it and will give you support if you need it.

3rd party sexual harassment and reporting

Colleagues may experience sexual harassment by someone they come into contact with through work, for example a customer, member of the public, client, supplier, agency worker or visitor to our premises or someone else who isn’t part of our workforce but who is encountered in connection with work. This is called third party harassment.

As an employer we have a duty to take reasonable steps to prevent third party harassment. Although an individual cannot bring a claim of third party harassment there may be legal liabilities when it is raised in another type of claim.

If you experience it or witness it, it’s important that you don’t feel that you have to put up with it. We have a zero-tolerance approach to sexual harassment from 3rd parties.

If you experience harassment by a third party, report this to your manager and use MySafety to report the incident at Mysafety. The business will notify the field team and relevant managers in the business to make sure correct support and advice is given to you.

If you experience harassment by a supplier, contractor or agency worker and feel comfortable speaking to the person about how their actions are making you feel and asking them to stop, we encourage you to do so. However if this is not appropriate due to the serious nature of the incident we encourage you to follow our Grievance Policy.

We will take appropriate steps to deal with harassment by a third party, which may include warning a customer about their behaviour, stopping working with a particular supplier or an individual within a particular supplier, and reporting any criminal acts to the police.

To be clear, we will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment will be regarded as potential gross misconduct and you may be dismissed under the disciplinary policy.

Managers must contact ER Services for advice when notified about an instance of 3rd party harassment.

Managers responsibility for dealing with complaints

If a colleague reports an incident of sexual harassment to you you must take it seriously, be sensitive and take immediate action by contacting ER Services for advice on 0330 601 1001 option 2.

You should ensure the victims safety by immediately separating them from the alleged perpetrator.

Confidentiality

We'll deal with all matters sensitively and with respect for the privacy of any colleagues involved. We'll ensure any complaint is kept confidential as far as we can.

Any information given to a colleague in connection with the matter (for example, where a colleague is interviewed as part of an investigation) must be kept confidential. A breach of confidence may be considered as a disciplinary offence.

If you need further support

If you have any questions about or have experienced sexual harassment then speak to your manager, their manager or another manager in your business area. If you feel that you can’t speak to your manager, then you can contact the free confidential harassment helpline on 0800 640 9088 or email BHD@healthassured.co.uk.

Remember we have a colleague support programme, which gives you access to a 24/7 colleague helpline – 08088 021 122. Rest assured this is a completely confidential, independent helpline which is free to access.

There are lots of charities and specialist support groups who offer support and information. Here are some that you may find helpful:

Contact Us | Samaritans – a unique charity dedicated to reducing feelings of isolation and disconnection that can lead to suicide.

How we can help you - LGBT Foundation – a national charity with LGBTQ+ health and wellbeing at the heat of everything they do

Home | Rights of Women – provide frontline legal advice to women experiencing all forms of violence against women and girls in England and Wales

Scottish Women’s Rights Centre -for women who have been affected by violence and abuse in Scotland.

Equality Advisory and Support Service -advise and assists individuals on issues relating to equality and human rights across England, Scotland and Wales

This policy should be read alongside our Bullying, Harassment and Discrimination policy, grievance policy and social media policy.

This policy will be reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness. We will implement any changes required.