Introduction
ISales does not tolerate any form of harassment or victimisation and expects all members of iSales, its visitors, learners and contractors to treat each other with respect, courtesy and consideration.
ISales is committed to fostering an inclusive culture which promotes equality, values diversity and maintains a working, learning and social environment in which the rights and dignity of all members of iSales are respected.
The aims of iSales as reflected in this Policy are to:

  • Promote a positive environment in which people are treated fairly and with respect.
  • Make it clear that harassment is unacceptable and that all members of iSales have a role to play in creating an environment free from harassment.
  • Provide a framework of support for employees who feel they have been subject to harassment.
  • Provide a mechanism by which complaints can wherever possible be addressed in a timely way.

All members of staff have a duty to comply with this Policy and to make every effort to ensure that harassment and victimisation do not occur in the areas for which they are responsible and that, if they do occur, concerns are investigated promptly and in line with ISales procedures.
All members of iSales have the right to expect professional behaviour from others, and a corresponding responsibility to behave professionally towards others.
All members of iSales have a personal responsibility for complying with this Policy and Procedure and must comply with and demonstrate active commitment to this Policy by:

  • Treating others with dignity and respect
  • Discouraging any form of harassment by making it clear that such behaviour is unacceptable
  • Supporting any member of iSales who feels they have been subject to harassment, including supporting them to make a disclosure if appropriate

This Policy and its underpinning procedure should be read alongside other iSales policies and procedures, including iSales’s Disciplinary Procedures and Employee Code of Conduct.

Definitions
A person subjects another to harassment where they engage in unwanted and unwarranted conduct which has the purpose or effect of:

  • Violating another person’s dignity.
  • Creating an intimidating, hostile, degrading, humiliating or offensive environment for another person.
  • The recipient does not need to have explicitly stated that the behaviour was unwanted.

Bullying is a form of harassment and may be characterised as offensive, intimidating, malicious or insulting behaviour, or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.
ISales seeks to protect any employee from victimisation, which is a form of misconduct which may itself result in a disciplinary process.
iSales will regard as victimisation any instance where a person is subjected to detrimental treatment because they have, in good faith:

  • Made an allegation of harassment.
  • Indicated an intention to make such an allegation.
  • Assisted or supported another person in bringing forward such an allegation.
  • Participated in an investigation of a complaint.
  • Participated in any disciplinary hearing arising from an investigation.
  • Taken any other steps in connection with this Policy and Procedure, or is suspected of having done so.

Behaviours
Harassment may involve repeated forms of unwanted and unwarranted behaviour, but a one-off incident can also amount to harassment. The intentions of the alleged harasser are not always determinative of whether harassment has taken place. The perception of the complainant and the extent to which that perception is in all the circumstances reasonable will also be relevant.
Being under the influence of alcohol, drugs or otherwise intoxicated is not an excuse for harassment.
Harassment can take a variety of forms:

  • Through individual behaviour.
  • Face to face, either verbally or physically.
  • Through other forms of communication, including but not limited to, written communications and communications via any form of electronic media or mobile communications device: such behaviour may also amount to a breach of iSales’s regulations relating to the use of Information Technology Policy and Procedure.
  • Directly to the person concerned, or to a third party.
  • Through a prevailing workplace or environment which creates a culture which tolerates harassment or bullying.

Stalking may also be a form of harassment and may be characterised by any of the following repeated and unwanted behaviours:

  • Following a person.
  • Contacting, or attempting to contact, a person by any means.
  • Publishing any statement or other material relating or purporting to relate to a person or purporting to originate from a person.
  • Monitoring the use by a person of the internet, email or any other form of electronic communication.
  • Loitering in any place (whether public or private).
  • Interfering with any property in the possession of a person.
  • Watching or spying on a person including through the use of CCTV or electronic surveillance.

Application of the Policy
An individual wishing to make a disclosure of harassment should put it in writing and submit it to Human Resources. The communication should specify that it is a formal disclosure giving details of the incident(s).
iSales recognises that it may be difficult for employees to disclose instances of harassment directly with their Line Manager. Accordingly, individuals may approach Human Resources to raise any issues in line with this procedure.
Human Resources will provide support and assistance to the individuals who are disclosing instances of harassment. Support and assistance will also be extended to the alleged harasser if requested. These discussions will be confidential and will only be disclosed with the permission of the discloser.
All parties involved in a disclosure (including any witnesses who may be interviewed as part of any investigation, or trade union representatives/ work-based colleague supporting any of the parties) should maintain the confidentiality of the process. Those involved in advising those disclosing should, where possible, seek the consent of the individual for the onward disclosure of relevant information to those with a clear need to know. Where such consent is not forthcoming, the person entrusted with the information should make it clear that, in exceptional circumstances, it may be necessary to disclose the information, taking account of the duty of care which may be owed to the individual and/or others.
During any investigation, the investigating manager is required to protect the rights of both parties involved and ensure that both are entitled to a full and fair opportunity to submit their version of events.
The investigation should normally be completed within ten working days of the disclosure being received. On occasions it will not be possible to keep within this timescale. In such cases the person disclosing, and the alleged harasser must both be kept informed of any need for an extension and the likely timescale for completion.
The person against whom the disclosure has been made should be informed of the nature of the complaint and sent a copy of the complainant’s letter. They should also be given details of the procedure involved advised they have the right to be supported by a Trade Union Representative or workplace colleague.

To relieve the stress and pressure on one or both parties; to prevent the risk of further incidents and to prevent victimisation it may be necessary to:

  • Suspend the alleged harasser
  • Or both parties (if the person disclosing is an employee)

Suspension under this procedure does not constitute part of the disciplinary procedure and will be on full pay. Temporary redeployment of one or both parties (where appropriate) may also e considered. Granting of special leave may be considered in appropriate circumstances.
When a criminal offence may have been committed, this Harassment Procedure may not be appropriate, and the appropriate formal authorities will be involved.
If a person disclosing is deemed to have known or to have reasonably been expected to know that a disclosure was unfounded, the allegation of harassment may be judged to be vexatious or malicious, and disciplinary action may be taken against them. No action will be taken if a disclosure which proves to be unfounded is judged to have been made in good faith.

Process for harassment or victimisation
In the first instance, where possible, employees who believe they are being harassed should keep note of the details as follows:

  • Date
  • Time
  • Place
  • Name of person allegedly harassing them
  • What actually happened
  • How the victim felt at that time
  • Name(s) of any witness(es)
  • Action taken and whether reported to management
  • Any correspondence relating to the incidents and subsequent complaints

Stage 1 – Informal Resolution Process:
1. As soon after the incident as possible the person disclosing should discuss the incident with the alleged harasser stating that the behaviour is not welcome and should stop. If the discloser does not wish to speak directly to the alleged harasser this could be done in writing. The person disclosing should make a note of the action taken. The discloser is encouraged to speak to Human Resources, who may be able to assist with resolution of the disclosure.
2. Where the individual indicates that they would prefer to discuss the matter with a person of the same gender and/or race, this will be arranged wherever possible.
3. The person disclosing may contact their line manager for advice. If the line manager is the person against whom the disclosure is being made, the matter may be referred to the next manager above.
4. Where possible, informal resolution of the disclosure should be sought. Depending on the circumstances, Human Resources or the line manager may wish to propose mediation between the parties involved.
5. As the disclosure is informal, no record will be kept on personnel files, but a central ISales record is needed for monitoring purposes. It is recommended that the person disclosing makes a note of their meeting.

Stage 2 – Formal Disclosure Process (where the informal attempt to resolve the matter has been unsuccessful, or the complainant considers that an informal approach is inappropriate):
1. An individual wishing to make a formal disclosure of harassment should put it in writing and submit it to the HR Manager. The letter should specify that it is a formal giving details of the incident(s).
2. The HR Manager will then appoint an Investigating Officer who will be a manager with no involvement in the disclosure.
3. The HR Manager or the Investigating Officer will contact the person disclosing and the alleged harasser to confirm the nature of the disclosure, to provide details of the procedure to be followed and to advise them they have the right to be accompanied by a Trade Union representative or work-based colleague.
4. The person disclosing may wish to seek support from Human Resources.

Arrangements during Investigation:
In order to relieve potential stress and pressure on one or both parties; to prevent the risk of further incidents and to prevent victimisation, or upon the recommendation of Human Resources, the HR Manager may decide that it is necessary to:

  • Suspend either one or both parties on full pay;
  • Temporarily redeploy either one or both parties (where appropriate); or
  • Grant special leave to either one or both parties in appropriate circumstances.

It should be noted that the above are not disciplinary sanctions.

Arrangements during Investigation:

  • The Investigating Officer is required to protect the rights of both parties involved and ensure that both are entitled to a full and fair opportunity to submit their version of events.
  • Employees are entitled to be accompanied by a Trade Union Representative or workplace colleague during any interviews with the Investigating Officer.
  • The Investigating Officer will meet the discloser and the alleged harasser separately.

Investigation report:

  • The Investigating Officer should normally aim to complete interviews and prepare their report within ten working days of the disclosure being received. However, there may be occasions it will not be possible to keep within this timescale.
  • In such cases the person disclosing, and the alleged harasser should both be kept informed of any need for an extension and the likely timescale for completion of the report.
  • The report should include details of the information gathered and a conclusion with the findings of the Investigating Officer.
  • Copies of the report should be provided to the HR Manager and the Hearing Officer. Copies will also need to be provided to the complainant and alleged harasser in advance of any formal hearing.

Formal hearing:

  • A formal hearing will be arranged where the Investigating Officer will review the written report and the discloser and
  • alleged harasser will both be invited to put their cases to the Hearing Officer and each may be accompanied by their respective Trade Union Representative or workplace colleague.
  • The Hearing Officer may be supported by and seek advice from the HR Team.
  • The Hearing Officer will review the material collected and evidence given and decide whether the complaint is substantiated. In some case there will not be any witness and it will be one person’s word against another’s. In these cases,
  • the Hearing Officer will consider whether on the balance of probabilities the alleged incidents/actions occurred.

Decision:

  • The Hearing Officer will normally issue a statement outlining their decision within three working days of the hearing.
  • If the allegation has not been substantiated, but the working relationship has been damaged, then the Hearing Officer may recommend that the HR Director arrange for mediation between the parties or consider transferring or rescheduling the work of either or both parties, rather than requiring them to continue working together against the wishes of either party (where appropriate).
  • If the Hearing Officer upholds the complaint (substantiated) but decides disciplinary action would not be justified in the circumstances of the case, they will make this recommendation to the HR Manager, who may decide to implement measures as outlined above, giving preference where possible to the wishes of the complainant. The HR Manager will normally take steps to monitor the situation and ensure that the harassment has stopped.
  • If the Hearing Officer decides that disciplinary action may be justified, they should refer the matter for a hearing under the disciplinary procedure. The process already carried out will replace the investigation stage provided for within the
  • disciplinary procedure. The alleged harasser will then be entitled to a full hearing of the allegations in accordance with disciplinary procedure. The HR Director may also implement measures as outlined above, giving preference where possible to the wishes of the discloser.
  • The parties should be advised of their right to appeal in accordance with the Appeals Procedure.

Recording information:
After the disclosure has been heard the following storage arrangements should be followed:
a) Where the disclosure is not substantiated then no record will be made on the alleged harasser’s file. However, any documents made during the course of the investigation should be retained separately with the Human Resources Manager.
b) Where the disclosure is substantiated (whether or not it proceeds to a disciplinary hearing) then the storage of records should be in accordance with the disciplinary procedure.

Appeal:
An appeal will be completed as set out in iSales Disciplinary and Grievance Policy and Procedure.

Monitoring the Policy
This policy is reviewed fully at least annually by the HR Manager.

Version last updated June 2025