Sexual harassment policy

Aims and scope

This policy outlines Waverley Training Services' (WTS) approach and procedure regarding behavioral expectations from employees, learners, visitors, and any other persons providing a service on behalf of the setting when it comes to sexual harassment.

Equality Act 2010, Worker Protection Act 2023, Human Rights Act 1998, Keeping Children Safe in Education and Working Together to Safeguard Children provides the framework for this policy and WTS recognises its legal duty to ensure that harassment does not occur in the workplace and in the event that it does, relevant procedures are followed.

WTS is committed to providing all employees with a safe working environment that is free of any discrimination and harassment, including sexual harassment.

Purpose       

The purpose of this document is to provide support, clarification and guidance for employees, learners and other stakeholders, it reinforces our commitment to providing equality and fairness to all in our organisation and ensures that we operate a zero-tolerance approach for any form of sexual harassment, including sexual harassment in the workplace and will treat all incidents seriously. We will investigate allegations promptly, respectfully and in confidence.

Definition of sexual harassment

Sexual harassment is any unwelcome conduct of a sexual nature which makes a person feel offended, uncomfortable, humiliated, and/or intimidated. This includes ‘quid pro quo’ (this for that) harassment. In which a person is asked to engage in a sexual activity as a condition of their employment and situations that create a hostile environment which is considered hostile, intimidating, and humiliating for the recipient.

Sexual harassment can involve a single or multiple incidents. Actions constituting harassment may be physical, verbal, or non-verbal. Examples of these types of behaviours include the following but are not limited to:

Physical conduct

• Unwelcome physical contact including pinching, inappropriate touching, patting, stroking, kissing, hugging, and fondling.
• Physical violence, such as sexual assault.
• The use of job-related rewards or threats to solicit sexual favours.

Verbal conduct

• Intrusive questions about someone’s private life.
• Sexual comments, stories, and inappropriate jokes.
• Sexual advances.
• Repeated and unwanted invitations for physical intimacy or dates.
• Comments on an employee’s appearance, age, private life etc.
• Insults based on sex.
• Sending sexually explicit messages, such as by phone, email or via social media.

Non-verbal conduct

• Displaying sexually explicit, suggestive, or erotic material.
• Sexually suggestive signals and gestures.
• Whistling.
• Leering.

*Important note

This list is by no means exhaustive. Sexual harassment can include any conduct of a sexual nature which is unwanted and unwelcome by the recipient. Anyone can be a victim of sexual harassment, regardless of their sex and the sex of the harasser. Sexual harassment can also occur between people of the same sex. Similarly, we recognise that it can occur between peers or through other power disparities, such as a manager and an employee.

All forms of sexual harassment are prohibited whether they take place on our work premises or off-site, including social events, business events, and training sessions.

Complaints procedure

Anybody subject to sexual harassment should, if possible, inform the harasser that the conduct is unwanted and unwelcome. However, we realise that sexual harassment may occur in unequal power relationships (such as between an employee and supervisor) so it may not be possible for the victim to inform the harasser.

If this is the case, the individual can approach one of the designated safeguarding leads for handling complaints of sexual harassment.

When the designated person receives a complaint, they will:

• Record the dates and times of the incident(s).
• Record the facts of the indent(s).
• Ask the victim what outcome they want from the complaint.
• Ensure the victim is aware of the complaint procedure and how Waverley Borough Council (WBC) will manage it.
• Discuss and agree with the next steps.
• Keep a confidential record of all discussions.
• Respect the choice of the victim and not push them to act differently.
• Explain to the victim that they can take the complaint outside the company, such as to an employment tribunal, if they wish.

Employees are entitled to receive counselling services to discuss the emotional impact of sexual harassment if they wish to do so. The Waverley Borough Council employee assistance programme can support with these services.

Informal complaints

If the victim wishes for the matter to be dealt with more informally, the designated person will:

• Speak to the alleged harasser and give them the opportunity to respond to the complaint.
• Ensure the alleged harasser understands the complaints procedure.

The disciplinary measure will depend on the extent and seriousness of the harassment. Our zero-tolerance policy means that issues such as these are not trivial. Certain cases, such as sexual assault will be reported to the police.

Training

The senior leadership team and Designated Safeguarding Leads will hold qualifications in sexual harassment for managers & supervisors to support in dealing with sexual harassment as part of the Worker Protection Act 2023, alongside completing mandatory e-learning issued by Waverley Borough Council. All employees are to complete the mandatory e-learning on sexual harassment as a minimum.

WTS will ensure that this policy is circulated to everyone in the department. All new employees must be trained in this policy as part of their induction alongside completing any relevant training material.

Every year and thereafter WTS will ensure that all employees are required to undertake refresher training on sexual harassment.

Monitoring and review

This policy will be reviewed and evaluated annually on its effectiveness and align with current legislation.

Version 2

Published date: September 2025

Review date: September 2026