This policy outlines onebite’s commitment to creating a safe, respectful, and inclusive work environment where all employees are treated with dignity. Bullying, harassment, and sexual harassment of any kind will not be tolerated. The purpose of this policy is to prevent such behaviour, ensure appropriate response when it occurs, and protect the rights and well-being of all employees. A separate policy dealing specifically with sexual harassment is available and should be read in conjunction with this policy.
onebite has a duty under employment law (Equality Act 2010) to take action to protect workers from harassment by other workers, members of the public, and employees of associated organisations. It is our policy to make every effort to provide a working environment free of harassment and intimidation. The health, safety and welfare of all our employees is paramount. We will not tolerate behaviour which threatens groups or individuals, for whatever reason or motive. We are committed to ensuring that all employees and customers should be treated fairly and with dignity, irrespective of their gender, race, age, disability, sexual orientation, marital status, religion, ethnic or national origin, or beliefs. onebite is committed to dealing sensitively, firmly and effectively with all complaints of harassment or bullying. Under the terms of this policy, any complaint – whether covered by existing legislation or not – will be thoroughly investigated using an appropriate process depending on the nature of the complaint or allegation. Where a complaint against an employee is found to be upheld following investigation, it will be dealt with under the appropriate stage of the Disciplinary Procedure. Appropriate disciplinary action, including dismissal for serious offences will be taken against employees who contravene this policy. For non-employees this will mean the immediate termination of their assignment. Depending on the nature of the offence, details may be subject to referral to the police.
Our policy will help us to:
This policy applies to the broader category of ‘worker’ and therefore applies to anyone directly working within onebite, whether they are an employee or not. The application of this policy to nonemployees is not intended to imply an employment relationship between onebite and an individual. It covers all work-related activities, whether they occur on company premises or not, including but not limited to business trips, conferences and work-related social events.
onebite operates a zero-tolerance policy in relation to harassment of one of its employees by a third party, such as a client or visitor. All employees are encouraged to report any instances of harassment involving a third party in line with the reporting procedure, set out below. If an allegation of harassment by a third party proves to be well-founded, steps taken by onebite may include:
In addition to this, onebite will endeavour to take reasonable steps to deter and prevent any form of harassment from third parties taking place.
The main criterion is that the action causes offence to the person concerned, and that the perpetrator knew or should reasonably have known that they would cause offence. It can be open or hidden. It can be persistent or repeated; sometimes a single incident can be sufficiently serious to warrant a full investigation and potential disciplinary action. Under the terms of this policy it shall be considered a potential act of gross misconduct for any employee to engage in harassment of another worker or customer, based on any grounds. Bullying is a form or harassment and as such is prohibited under this policy. onebite has adopted the following definitions of harassment and bullying:
Harassment as defined in the Equality Act 2010 is: unwanted conduct related to a protected characteristic (age, disability, gender reassignment, race, religion or belief, sex or sexual orientation) which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.
Bullying may be characterised as: repeated, unreasonable behaviour that demeans, intimidates or humiliates a person. It is targeted and can be directed at an individual or group, often singling someone out. It may be deliberate or happen without awareness, but the impact remains harmful. It can be an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Examples of harassing/bullying behaviour include:
These examples are not exhaustive and disciplinary action will be taken against employees committing any form of personal harassment.
Sexual harassment can take place in many forms within the workplace and refers to unwelcome behaviour of a sexual nature that creates a hostile, intimidating, degrading, humiliating, or offensive environment for that person. It also covers treating someone less favourably because they have submitted to, or refused to submit to, unwanted conduct of a sexual nature or in relation to gender reassignment or sex. Sexual harassment may be committed by a fellow worker, an agent of an organisation, or a third party. It does not need to occur in person. It can occur via digital means, including social media sites or channels (e.g. WhatsApp). Examples of sexual harassment include:
A separate policy (HRP5b) dealing specifically with sexual harassment is available. Please refer to that policy in relation to any complaints relating to sexual harassment.
Victimisation takes place when an employee is treated unfavourably as a direct result of raising a genuine complaint of discrimination or harassment. Furthermore, any employee who supports or assists another employee to raise a complaint is also subjected to victimisation if they are treated unfavourably. Examples of victimisation may include:
onebite will aim to raise the awareness of staff in matters relating to this policy and procedure and their implementation. The Policy and Procedure will be communicated to all staff and volunteers by:
onebite will treat any complaint received under this Policy confidentially. All employees involved with an investigation are required to respect the need for confidentiality. onebite will maintain records of investigations into alleged incidents of harassment or bullying and the outcome of the investigations. These records will be maintained in confidence and in line with onebite’s Data Protection Policy.
If any member of staff has any worries about their treatment during the course of their work, they should contact FM for advice.
This procedure has been designed to deal sensitively with complaints of harassment & bullying, bullying, and seeks to ensure minimal stress for the complainant, timely resolution of complaints, and a degree of flexibility appropriate to individual circumstances.
At all stages of the procedure, the need to maintain confidentiality will be paramount. The circulation of information will be minimised to that which is necessary to ensure a fair investigation and hearing.
This procedure is separate from onebite’s Disciplinary and Grievance Policies. onebite’s Disciplinary Procedure will be used if the results of an investigation establish a case for disciplinary action.
It is important that anyone who believes they have suffered from harassment or bullying should keep a note of the details outlined below for each incident, and that the notes are made as soon as possible after the event. They might find it helpful to record:
Every effort should be made to resolve the issue informally in the first instance. As soon as possible after the incident the individual should discuss the incident with the person concerned either directly or through an intermediary pointing out that the incident is not welcome and should stop.
The meeting should address the following:
If the action taken by the complainant does not resolve the problem, they may wish to confide in a manager, who may seek to resolve the issue on an informal basis.
Any discussion will be confidential. In some cases the allegation may be so serious as to require immediate action, for example if it involves a criminal offence or serious misconduct. In such circumstances onebite may take action, such as precautionary suspension of the alleged perpetrator, irrespective of the individual’s wishes.
The courses of action open to an individual, following an attempt to resolve a problem informally, include:
If the problem has not been resolved the individual may contact their line manager or FM for advice.
If the line manager is the person against whom the complaint is being made, the individual may refer the matter to another appropriate manager. The complainant should present a full written statement to the manager to whom the case has been referred, giving as much detail as possible.
The formal procedure may be used where:
Once an individual has instituted a formal complaint, he or she is entitled to expect managers to initiate the formal investigation.
onebite in appropriate cases reserves the right to advise the police.
The investigation should normally be completed in accordance with the time limits contained within onebite’s Disciplinary and Grievance Procedures (and a completion date should be agreed at the outset). On occasions it will not be possible to keep within the timescale. In such circumstances the complainant and alleged harasser/bully must be kept informed of any need for an extension and the likely timescale for completion.
An investigation will be carried out by an appropriate person.
The person against whom the complaint has been made should be informed of the nature of the complaint. They should also be given details of the procedure involved.
Possible Suspension or Redeployment during the Investigation.
It may be necessary to:
Meeting the Parties Involved
The investigator will interview anyone who has relevant information to the issue and notes will be taken. Interviewees will be required to review, sign and date the notes at the end of their interview.
A copy of the notes will be kept on the investigation file. Further interviews may need to take place to clarify or gain further information. The investigator will also need to ensure that they have collected all relevant written material.
Consideration of Information
The investigator will review the material collected and decide whether they feel there is a case to answer. This will be confirmed if relevant following a meeting at which the complainant has an opportunity to have their say. At this meeting the right to be accompanied by a colleague will apply.
The investigation must be thorough, must adhere to strict timescales (these will be set according to the complexity of the case, but should not normally exceed 10 working days) and must be summarised in a full written report. The report will be copied to the person who has made the complaint.
If, following the meeting, it emerges that there may be a case to answer, the procedure will be terminated and disciplinary proceedings will commence against the alleged perpetrator(s).
The complainant has the right to appeal against the investigator’s decision and to do so must notify the Managing Director of their wish to appeal, in writing, within 5 working days of the date of the initial decision. For further details please refer to HRP4 – Grievance Procedure
The following records should be kept:
Where the complaint is informal, a record may be kept on personal files.
Where the complaint is not substantiated, a record of the investigation may be kept on the complainant’s personal file
Where the matter proceeds to a disciplinary hearing the storage of records will be in accordance with the Disciplinary Procedure.
If there are disciplinary proceedings already in course against the complainant (i.e. the person making the allegation) at the time of the harassment allegations, the harassment procedure would not normally cause these disciplinary proceedings to be suspended. In such cases, the harassment procedure should be dealt with in tandem. This is to prevent situations where allegations could be made purely in order to circumvent or delay normal management practice.
Furthermore, onebite will not tolerate improper or frivolous use of this procedure for malicious action such as defamation – such misconduct will be dealt with accordingly.
The following onebite documents should be read in conjunction with this policy:
HRP30 – Equality and Diversity Policy HRP1 Disciplinary Procedure
HRP4 – Grievance Procedure
HRP6 – Disclosure Procedure
All members of staff are entitled to be treated with dignity and respect in our place of work. This means freedom from sexual harassment, feeling safe and supported and having access to redress if such behaviour does arise.
The purpose of this policy is to prevent such behaviour, ensure appropriate response when it occurs, and protect the rights and well-being of all employees.
A separate policy on anti-harassment & bullying is available and should be read in conjunction with this policy.
Sexual harassment is unlawful under the Equality Act 2010 (EqA) as amended and will not be tolerated. The law requires employers to take reasonable steps to prevent sexual harassment of their workers. If an employee has been sexually harassed, or has witnessed sexual harassment, we encourage the individual to tell us so that we can deal with the matter swiftly.
Our managers will maintain an open-door policy and we encourage all employees to come forward with any concerns in relation to sexual harassment. All our employees have a responsibility to behave in line with the requirements of this policy.
Instances of sexual harassment or victimisation may lead to disciplinary action up to, and including, termination of employment.
This policy is reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness. Any changes required will be implemented and communicated to our workforce.
This policy applies to the broader category of ‘worker’ and therefore applies to anyone directly working within onebite, whether they are an employee or not. The application of this policy to non-employees is not intended to imply an employment relationship between onebite and an individual.
It covers all work-related activities, whether they occur on company premises or not, including but not limited to a working lunch, business trips, conferences and work-related social events.
Sexual harassment can take place in many forms within the workplace and refers to unwelcome behaviour of a sexual nature that creates a hostile, intimidating, degrading, humiliating, or offensive environment for that person. It also covers treating someone less favourably because they have submitted to, or refused to submit to, unwanted conduct of a sexual nature or in relation to gender reassignment or sex.
Sexual harassment may be committed by a fellow worker, an agent of an organisation, or a third party.
It does not need to occur in person. It can occur via digital means, including social media sites or channels (e.g. WhatsApp).
It can take many forms, including:
Sexual harassment often undermines the dignity and rights of the person targeted. It can be committed by anyone, regardless of gender, and it can occur between people of the same or different sexes.
Key elements include:
Victimisation is subjecting someone to detriment because they have done, are suspected of doing, or intend to do, an act which is protected under discrimination and harassment laws. These are outlined below. It is not necessary for the person to have done the protected act in order for detrimental treatment to be considered as victimisation.
Protected acts are:
Third-party sexual harassment occurs when a member of our workforce is subjected to sexual harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our customers, suppliers, delegates at a conference, self-employed freelancers etc.
Third-party sexual harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.
The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone.
However, failure for an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claims.
In order to prevent third-party sexual harassment from occurring, we will:
If an individual has been subjected to third-party sexual harassment, they are encouraged to report this as soon as possible to their line manager or F&OM.
If an allegation of harassment by a third party proves to be well-founded, steps taken by onebite may include:
We will also not tolerate sexual harassment by any member of our workforce against a third party.
Instances of sexual harassment of this kind may lead to disciplinary action, including termination of employment.
Training will be provided to all our staff on sexual harassment to ensure there is a clear understanding of:
We will regularly review the effectiveness of our training and provide refresher training as appropriate.
As part of our EAP, you also have access to 24/7 support helplines, for further details please
speak to the F&OM.
We are committed to ensuring that there is no sexual harassment or victimisation in our workplace.
Allegations of sexual harassment and victimisation will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of our disciplinary procedures, a copy of which is available on breatheHR and in the shared space on Google Drive.
This procedure has been designed to deal sensitively with complaints of harassment and bullying. The procedure seeks to ensure minimal stress for the complainant, timely resolution of complaints, and a degree of flexibility appropriate to individual circumstances.
At all stages of the procedure, the need to maintain confidentiality will be paramount. The circulation of information will be minimised to that which is necessary to ensure a fair investigation and hearing.
This procedure is separate from onebite’s Disciplinary and Grievance Policies. onebite’s Disciplinary Procedure will be used if the results of an investigation establish a case for disciplinary action.
It is important that anyone who believes they have suffered from harassment or bullying should keep a note of the details outlined below for each incident, and that the notes are made as soon as possible after the event. They might find it helpful to record:
We recognise that complaints of sexual harassment or victimisation can be of a sensitive or intimate nature and individuals are encouraged to raise such issues with a senior colleague of their choice (whether or not that person has a direct supervisory responsibility for them) as a confidential helper.
This person cannot be the same person who will be responsible for investigating the matter if it becomes a formal complaint.
If an individual experiences sexual harassment and they feel comfortable to do so, they should make it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If they feel unable to do this verbally then they should hand a written request to the harasser, and their confidential helper can assist with this.
In addition, the individual may also choose to raise concerns during their regular communication with their line manager, e.g. in a one-to-one meeting. Their line manager will listen and take their concerns seriously but may encourage the individual to follow the reporting procedures set out below. If a one-to-one meeting is not scheduled with their line manager, they can ask to meet with them to discuss any concerns that they may have.
The courses of action open to an individual, following an attempt to resolve a problem informally, include:
Where the informal approach fails or if the sexual harassment or victimisation is more serious, the individual should bring the matter to the attention of their line manager (if they haven’t done so already) and F&OM as a formal written complaint and again the confidential helper can assist with this.
The written complaint should include:
On receipt of a formal complaint we will initiate a formal investigation. This will be completed within the time limits contained within onebite’s Disciplinary and Grievance Procedures (and a completion date should be agreed at the outset). On occasions it will not be possible to keep within the timescale. In such circumstances the complainant and alleged harasser must be kept informed of any need for an extension and the likely timescale for completion.
The person against whom the complaint has been made should be informed of the nature of the complaint. They should also be given details of the procedure involved. It may be necessary to:
The person dealing with the complaint will invite the complainant to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. The meeting will normally be held within five working days of receipt of their complaint. They have the right to be accompanied at such a meeting by their confidential helper or another work colleague of their choice and they must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence may be dealt with under the disciplinary procedure.
On conclusion of the investigation the decision of the investigator, detailing the findings, will be sent in writing.
The complainant has the right to appeal against the findings of the investigator. If they wish to appeal, they must inform the Managing Director within five working days of receiving the outcome. The complainant will then be invited to a further meeting. As far as reasonably practicable, onebite will be represented by a more senior manager than the manager who attended the first meeting (unless the most senior manager attended that meeting).
Following the appeal meeting, the complainant will be informed of the final decision, normally within 10 working days, which will be confirmed in writing.
If an individual witnesses sexual harassment or victimisation, they are encouraged to take appropriate action to address it. If they feel able, they should intervene to prevent the matter continuing. If they are not able to do this, their action may include offering support to the person who has been sexually harassed and encouraging them to report the incident or reporting the incident themselves. They should not take any action that may put themselves at risk of sexual harassment or other harm.
If reporting the incident, they should bring the matter to the attention of their line manager or F&OM.
Your concerns will be handled by an appropriate manager who will sensitively talk to the person subject to sexual harassment to determine how they want the matter to be handled.
If the decision is that the allegation of sexual harassment or victimisation is well founded, the harasser/victimiser will be liable to disciplinary action in accordance with our disciplinary procedure up to, and including, summary dismissal. An employee who receives a formal warning or who is dismissed for sexual harassment/victimisation may appeal by using our disciplinary appeal procedure.
When deciding on the level of disciplinary sanction to be applied, we will take into consideration any aggravating factors affecting the case. One example of aggravating factors is an abuse of power over a more junior colleague.
If, due to the investigation, it is concluded that your complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.
Regardless of the outcome of a sexual harassment investigation, we are committed to providing the support the complainant may need. This may involve mediation between them and the other party or some other measure to manage the ongoing working relationship.
The individual will not be victimised for having brought a complaint.
The following onebite documents should be read in conjunction with this policy:
HRP5 – Harassment & Bullying Policy
HRP30 – Equality and Diversity Policy
HRP1- Disciplinary Procedure
HRP4 – Grievance Procedure
HRP6 – Disclosure Procedure
