Darnells recognises it is the right of every employee to be able to attend work and to perform their duties without being subjected to any form of sexual harassment.
Darnells believes that sexual harassment is unacceptable, undermines the dignity of an individual, is morally wrong, unlawful and has a detrimental impact on individuals, on the workplace and for the organisation. Sexual harassment is unethical, unprofessional and undermines our organisational values. For these reasons, Darnells takes a zero-tolerance approach to sexual harassment.
Equally, it is the obligation and responsibility of every employee to ensure that the workplace is free from sexual harassment.
Darnells is fully committed to its obligations to eliminate sexual harassment in the workplace.
The purpose of this document is to outline Darnells position on sexual harassment and to document the process which is to be followed should any grievances arise.
This policy will apply to any unwanted conduct that occurs in the course of a person’s work and which takes place at their place of work, including in their home while working from home, on their commute, work related social event, business trip, training session or conference. This policy covers full-time and part-time workers, consultants as well as freelance, temporary or agency contract workers.
Sexual harassment can occur on social media or any online communication such as emails, video conference calls, phone calls or instant messaging platforms.
No employee at any level should subject any other employee, client or visitor to any form of sexual harassment.
No employee at any level should be subjected to any form of sexual harassment, from another employee, client or visitor.
This policy extends to work experience students, interns, consultants, candidates or any other visitor.
The word “reporter” is used to describe a person who has decided to share their experience of sexual harassment, whether informally or formally in the form of a complaint. At Darnells
we do not refer to people who make reports of sexual harassment as “complainers” or “complainants” because we welcome their reports and we reject the all too common characterisation of reporters as “trouble-makers”. When people decide to report sexual harassment they normally do so out of a sense of wanting to make the workplace better for themselves and for others.
The phrase “alleged harasser” is used to describe any person who the reporter is saying was responsible for the harassment. The alleged harasser cannot be described as a “harasser” until after there has been a formal disciplinary decision. Using the word “alleged” does not imply that the reporter has made up an accusation. Darnells recognises that false allegations of sexual harassment are rare, that victim-blaming is common and that victims are often worried they will not be believed because of biases and myths in our society, or that they will be punished if an investigation does not conclude there was sufficient evidence to make a finding. Darnells will always assume that reports have been made in good faith unless there is evidence to the contrary. Any investigation will always examine the evidence from the case.
Darnells will not tolerate sexual harassment under any circumstances. Responsibility lies with the Partners, Managers, Human Resources and all employees to ensure that sexual harassment does not occur. A breach of this policy will result in disciplinary action. Depending upon the severity of the case, consequences may include apology, counselling, transfer, demotion, dismissal, or other forms of disciplinary action deemed appropriate.
Sexual harassment is unlawful and it is defined under the Equality Act 2010 and occurs when a person is subjected to unwanted conduct of a sexual nature which has the purpose or the effect of:
The conduct does not need to be sexually motivated, only sexual in nature
Unwanted conduct that has one of these effects can be harassment even if the effect was not intended. A single one-off event or a series of incidents can amount to sexual harassment. A person can be affected by sexual harassment even if the conduct is not targeted at them.
Anyone can be a victim of sexual harassment, regardless of their sex, sexual orientation or gender identity or that of the harasser. Sexual harassment may also occur between people of the same sex. We recognise that sexual harassment often arises as a form of violence against women and girls. Sexual harassment can also be a form of violence targeted at men and those with non-binary gender identities.
Under international law, sexual harassment constitutes a breach of a person’s human rights.
Sexual harassment can often be a manifestation of power relationships and frequently occurs within unequal relationships in the workplace, for example between manager or supervisor and a more junior colleague, or a longstanding employee and a new joiner. It frequently arises as the result of sexism and power inequalities between women and men. In cases where sexual harassment is found to have occurred, such abuses of power will be taken into account in deciding what disciplinary action to take.
We also recognise that certain vulnerable or minority groups may be more at risk from sexual harassment. Where a person has more than one protected characteristic, this may increase the risk of them experiencing sexual harassment. This is because multiple categories of identity such as gender, race, sexuality, trans status, religion and disability can interact in ways that create complex systems of oppression and power which can result in harassment based on a combination of different aspects of a person’s identity. We refer to this as intersectional harassment.
Unwanted conduct covers a wide range of behaviour which is unwanted or unwelcome.
Types of behaviours which constitute sexual harassment include, but are not limited to:
Physical conduct
Verbal conduct
Non-verbal conduct
The effect of such behaviour and whether it is unwanted should be considered from the point of view of the person who feels harassed (the “recipient”). Examples are found on page 16.
There may be other sexual behaviour, which though not unwanted, is still inappropriate in the workplace (including in a place that may legally count as work such as at a work event or walking home).
For example, engaging in a consensual sexual act in the workplace. We do not permit sexual contact in the workplace and any such behaviour may still be addressed as a breach of the sexual harassment policy. We recognise that if this behaviour were allowed to take place, there is a risk of one party believing that the conduct is welcome and the other considering the conduct to be unwanted, either at the time or in hindsight. This can increase the risk of sexual harassment.
Sexual harassment means any unwelcome sexual advance, unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable in the circumstances.
Behaviour that is based on mutual attraction, friendship and respect is not sexual harassment.
Partners
We have a legal duty to provide a safe working environment and ensure swift and effective action in recording and responding to a report of sexual harassment. Failure to do so can result in legal liability for any sexual harassment that occurs.
Ensure employees have access to confidential support and advice services during work hours and outside of them. This includes ensuring there is a designated person responsible for receiving reports of sexual harassment.
Establish effective recording and reporting mechanisms, there should be formal and informal reporting routes.
We will ensure that those who are approached with a report of sexual harassment know how to respond and record information.
All Employees
All employees have a responsibility to contribute to a respectful and productive working environment. This includes supporting and caring for their colleagues, clients and visitors to
Darnells. All employees have a duty to assist in the creation of a safe working environment, where sexual harassment is not tolerated.
Is it the responsibility of all employees to ensure that ;
Managers
All those with line management responsibility must ensure that all employees are aware of this policy and understand their own, and the organisation’s responsibilities. Targeted training on sexual harassment will be provided to all managers.
Partners and Managers have a particular duty to ensure that, within their area of responsibility, everyone is treated with dignity and respect.
It is the responsibility of the Partners and Managers to ensure that:
Human Resources
It is the responsibility of the Human Resources Department to ensure that:
Sexual harassment and victimisation can be perpetrated by other employees and third parties. Third party harassment can result in legal liability for an employer. Third party means someone who an employee interacts with as part of their job but who is not employed by the same employer as them, for example a client or a contractor. Darnells does not tolerate sexual harassment by a third party and encourages employees who experience it to report it and takes responsibility for protecting employees from sexual harassment and victimisation perpetrated by third parties.
Darnells will make third parties aware of our sexual harassment policy.
The information provided to third parties will make clear that Darnells does not tolerate sexual harassment and will set out the actions we will take if a third party sexually harasses an employee, including ejecting or banning a third party from events, meetings, attending our offices or contacting employees, reporting criminal acts to the police, or sharing information with other offices of the organisation.
Sexual harassment can occur at any level of the organisation, can be experienced by both men and women and may involve a co-worker, line manager, senior manager, service provider, contractors or a client.
Lack of intent is no defence in sexual harassment cases.
Employees who believe they are the subject of sexual harassment should take firm, positive and prompt action. If such a course is deemed appropriate, the employee should make the perceived harasser(s) aware that they find their behaviour offensive, unwelcome, unacceptable, and that it needs to stop immediately. Please speak to Human Resources at any time if advice of guidance is needed in handling the situation.
Everyone has a part to play in being aware of, preventing and dealing with sexual harassment. The Policy sets out the expectations for the behaviour of our employees as well as what we can do to protect all employees from sexual harassment. It is supported by the Partners within the organisation and they will all be visible champions of this Policy.
Darnells strongly encourages any employee who feels they have been sexually harassed to take immediate action, preferably by making it clear that such behaviour is unwelcome and offensive; alternatively, or in addition, they may follow the procedures for reporting the behaviour.
Any reports of sexual harassment will be treated seriously and promptly with sensitivity. Such reports will be treated as completely confidential up to the point where a formal or informal complaint is lodged against a particular person, at which point that person must be notified under the rules of natural justice.
Reporters have the right to determine how to have a complaint treated, to have support or representation throughout the process, and the option to discontinue a complaint at any stage of the process.
The alleged harasser also has the right to have support or representation during any investigation, as well as the right to respond fully to any formal allegations made. There will be no presumptions of guilt and no determination made until a full investigation has been completed.
No employee will be treated unfairly as a result of rejecting unwanted advances. Disciplinary action may be taken against anyone who victimises or retaliates against a person who has complained of sexual harassment, or against any employee who has been alleged to be a harasser.
All employees have the right to seek the assistance of a legislative body such as ACAS to assist them in the resolution of any concerns.
Managers or Supervisors who fail to take appropriate corrective action when aware of harassment of a person will be subject to disciplinary action.
If the behaviour continues, or if the employee feels unable to speak to the person(s) directly, they should contact their Manager. Alternatively, an employee may contact the Human Resources Department or another Manager they feel comfortable with.
The Manager will provide support and ascertain the nature of the complaint and the wishes of the reporter/s.
The reporter/s does not have to request a full formal investigation if they will be satisfied by less formal treatment of the issue. For example, Human Resources or a manager to have a discreet word.
Informal Intervention
The Manager will explain the employee’s rights and responsibilities under our policy, procedures and Equal Employment Opportunity or anti-discrimination legislation.
Informal intervention may be undertaken through a process of mediation or conciliation. During informal intervention the alleged harasser will be made aware of the allegations being made against them and given the right to respond.
This procedure will be complete when the reporter/s and the respondent come to an agreement on the procedure to be followed. If this occurs, no record will be made of the proceedings, and any subsequent proceedings will begin again. If this does occur, the formal procedure should be followed.
Formal Complaints Procedure
Proceeding with a formal complaint requires the consent of the person complaining (the reporter), particularly as witnesses or senior management may become involved.
The formal procedure will be co-ordinated by the Senior HR Manager.
Human Resources will document all such interviews accurately and avoid irrelevant information. Relevant information will include parties involved, timing, location, and nature of conduct complained against.
Records are to be kept and filed in a confidential and secure place. These records should be kept for a period of seven years. Under no circumstances will records be placed on the reporter/s personnel file.
Human Resources will organise an investigation, which in most cases may involve but is not limited to:
Human Resources and the Manager should forward all evidence to the person conducting the investigation (in the event that this is not being carried out by Human Resources or the Manager). Such evidence may include:
On completion of the investigation, the reporter/s, Human Resources and the Manager will determine a course of action to be taken.
Possible course of actions may include, but not be limited to, any combination of the following:
Outcomes will depend upon factors such as:
Human Resources and the Manager will advise all relevant parties of the outcome.
If the investigation determines that sexual harassment has occurred, Human Resources must forward a summary of the complaint and the action taken to the Partners. A copy may be placed in the respondent’s personnel file by the Human Resources Department.
If there is insufficient proof to decide whether or not the harassment occurred, Human Resources and the Manager will:
Human Resources and the Manager will monitor the outcome to ensure that the offensive behaviour has ceased, and that neither party has been victimised. This may involve followup interviews.
If there has been any substantiated victimisation, disciplinary procedures will be followed.
If you are not satisfied with the outcome you may appeal in writing to Human Resources stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.
Both the reporter and the alleged harasser may appeal an outcome, on limited grounds:
We will hold an appeal meeting, normally within one week of receiving your written appeal. This will be dealt with impartially by a senior manager or another partner who has not previously been involved in the case (although they may ask anyone previously involved to be present). You may bring a colleague to the meeting.
If there are grounds, then to make a decision undertaking any additional investigation only if that is necessary and communicating the findings and changes or additions to recommended
sanctions and or remedies. The decision of the person hearing the appeal is final.
We will confirm our final decision in writing, usually within one week of the appeal hearing. This is the end of the procedure and there is no further appeal.
If formal or informal steps do not solve the problem, you might want to take a case to an employment tribunal. A claim to an employment tribunal usually must be made three months less one day from when the incident occurred. Employment tribunals can consider requests for extended time so you should not be deterred if you are outside of the time limit, particularly if the delay was due to internal investigation mechanisms. The employment tribunal will expect you to have tried to resolve the problem internally and any records you have kept will be considered as part of the hearing.
Resignation might be the last resort but make sure you have tried all other ways to resolve the situation. If you resign and make a claim to the employment tribunal, you will need to ensure you have met any employment qualifying requirements. You should take advice about this.
Victimisation is also unlawful under the Equality Act 2010. It is defined as treating a worker badly because they have reported sexual harassment at work, it is believed they will report a
case of sexual harassment in the future, or they have helped someone else to report a case of sexual harassment. Treating a worker badly can include, but is not limited to:
It is unlawful to treat someone less favourably because they have either submitted a complaint of sexual harassment or have rejected such behaviour.
Employees who make complaints or who participate in good faith in any investigation conducted under this policy must not suffer any form of retaliation or victimisation as a result.
If you believe you have suffered any such treatment you should inform the Human Resources Department. If the matter is not remedied, you should raise it formally using our Grievance Procedure or this procedure if appropriate.
Anyone found to have retaliated against or victimised someone for making a complaint or assisting in good faith with an investigation under this procedure will be subject to disciplinary action under our Disciplinary Procedure.
We recognise that sexual harassment can cause stress, anxiety or other mental health as well as physical health problems. Deterioration in job performance which results from sexual harassment will be dealt with as a health-related issue and the person will be encouraged to seek help and support under the terms of this policy.
There will be no discrimination against individuals suffering from stress caused by sexual harassment.
We also recognise that those who may be accused of sexual harassment, witnesses to incidents or otherwise affected such as by being a by-stander, can experience stress, anxiety or other mental or physical health problems.
We have a duty of care to support all employees affected by these issues.
Contact details of specialist independent counsellors are available from Human Resources and the company documents section on PeopleHR. There are links below for further information.
Confidential support, practical information and advice is also available for individual employees from Medicash 24 hour helpline.
We may where appropriate refer the individual to an occupational health provider advise they seek advice from their GP or refer them to an independent doctor all in line with our Capability or Sickness Absence Policy.
If you have, or are concerned that you have, engaged in unwanted conduct of a sexual nature (intentionally or otherwise), you should take responsibility for your actions as soon as you can, as they may amount to sexual harassment.
This is important as it may prevent the recipient of your behaviour from experiencing further trauma.
For further advice, you should speak to Human Resources who will treat any information sensitively and confidentially.
If you have been questioned, accused, charged or prosecuted for a criminal offence (including one of sexual harassment, assault or rape) in relation to anything that has happened in a work context you must report this to us immediately.
This applies even if you deny the alleged conduct or do not consider the alleged conduct to be connected to work. A failure to report this could amount to gross misconduct in itself.
Alleged sexual harassment may be investigated by us under this process, our disciplinary policy or otherwise and could also amount to an act of misconduct/gross misconduct or otherwise result in your dismissal (including summary dismissal).
If, at any time, you are asked (verbally or in writing) by someone who considers your behaviour to amount to sexual harassment to stop, you must not persist in that behaviour. You should also report the incident to your manager, Human Resources or a Partner. In such circumstances, it is important that you reflect on your behaviour and the way in which it is perceived and experienced by others.
Remember that everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. An authentic apology and genuine assurance that the behaviour will not be repeated may be enough to end the matter.
However, in some cases a direct apology without a third party to facilitate may not be appropriate and advice from Human Resources should be sought in advance. You should be sensitive to the reaction/potential reactions of the recipient. If the recipient refuses to accept your apology or is upset further by it, you should not persist in contacting them. You should also seek advice from Human Resources or report your behaviour to your line manager, a senior manager or Partner at this point.
You do not have to be the recipient or target of sexual harassment to raise a concern or make a complaint. If you see it happening or become aware of it, you should report it provided it is safe to do so and you feel able to do so. We recognise that past experience of sexual harassment may make this difficult. Your actions can be important in helping create a culture free from sexual harassment and ensuring that there are no bystanders. Tackling sexual harassment is everybody’s responsibility. Those who have witnessed sexual harassment can use the reporting mechanisms outlined in the policy.
All employees shall be protected from intimidation, victimisation or discrimination for making a complaint of sexual harassment or for assisting in an investigation. Retaliating against a
worker for complaining about or assisting in an investigation of sexual harassment is a disciplinary offence.
A person may also report concerns about sexual harassment to the police when they consider it appropriate to do so. Personal safety is paramount and where a person has any concerns about criminal behaviour, we recommend reporting to the police. Some forms of severe sexual harassment (e.g. sexual assault, stalking, indecent exposure, physical molestation, obscene phone calls) may constitute criminal conduct.
While Darnells is committed to treat most sexual harassment complaints at a company level as far as possible, this type of conduct is not suited to internal resolution. Such complaints should be treated by the criminal justice system. In relation to alleged criminal offences such as rape or sexual assault, the matter must be immediately referred to the Human Resources Department. Employees should be advised of the option of police support or intervention. It is not the obligation or duty of the company to report such matters to the police on behalf of the reporter/s.
We are committed to ensuring that this policy and all related procedures are effective in preventing sexual harassment and in dealing with incidents where they do occur. Essential to achieving this aim is adequate investment, and continuous review and evaluation.
If employees have concerns that this policy is not being followed this should be raised with Human Resources.
Confidentiality is an important part of the procedures provided under this policy. Everyone involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the high level of confidentiality that is required. Details of the investigation and the names of the person making the complaint and the person
accused must only be disclosed on a “need to know” basis.
Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents compiled during the process.
Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure.
It’s important for us to try to prevent sexual harassment happening by;
The law imposes a duty of care on employers to provide a safe system of work for all employees. This includes a specific obligation to protect the health, safety and welfare of our employees and others who might be affected. In discharging this legal duty, we recognise that there are certain measures that can help to prevent sexual harassment in the workplace including ensuring that adequate measures are in place to tackle sexism and address inequality between women and men and people with non-binary identities, as well as other forms of discrimination including racism, ableism, homophobia, transphobia and ageism, and to prevent the conditions which cause and exacerbate high levels of stress. We are committed to the adoption and operation of such measures.
Darnells will ensure that this policy is effectively communicated to all employees by:
Darnells commits to reviewing the policy on annual basis to monitor its effectiveness for example through:
If you have experienced sexual harassment at work, you can contact the following organisations for free and confidential support and advice:
To help you understand your rights and options, employers and anyone affected by sexual harassment at work can:
Review
This policy was reviewed on behalf of Darnells Chartered Accountants by Davinia Shaw, Senior HR Manager on 19/09/2024
Next Review Date
This policy will be reviewed by September 2026 unless there are changes in legislation, best practice or other organisation policies which impact on its effectiveness.
The conduct does not need to be a ‘pattern of behaviour’ under employment case law (although there is separate criminal legislation, the Protection from Harassment Act 1997 which does require a “course of conduct”). A series of incidents which taken separately may seem trivial, can together constitute sexual harassment. Equally, one isolated incident can be sexual harassment.
The conduct does not have to be specifically targeted at an individual to amount to sexual harassment. Sexual harassment is not always obvious, repeated or continuous, it can be a one-off incident. Conduct that is directed at one person may constitute sexual harassment of another person because of the environment it creates.
It is also unlawful to treat a worker worse because of sexual harassment that happened to them.
There is no time limit on when a worker can experience victimisation, providing that the worker is subject to bad treatment as a result of the case involving sexual harassment and not some other reason.
Sexism at work often goes hand in hand with sexual harassment. Where there has been harassment related to sex, but the harassment is not sexual in nature, action should be taken under the Bullying and Harassment policy and the relevant disciplinary/grievance procedures which also cover harassment related to other protected characteristics. This policy concerns itself only with behaviour that constitutes sexual harassment, that is behaviour that is ‘sexual in nature’.
Sexual harassment can at the same time be harassment related to a protected characteristic in which case it is covered under this policy. Some forms of sexual harassment are specifically related to a person’s combination of characteristics, such as many experiences of racialised sexual harassment directed at Black and Minority Ethnic (BME) women employees.
Sexual harassment and victimisation can happen in a work situation, during any situation related to work such as at a social event or site visit, and on social media or any online communication.
Sexual interaction that is invited, mutual or consensual is not sexual harassment because it is not unwanted. However, sexual conduct that has been welcomed in the past can become unwanted.
