Sexual Harassment and Preventative Duty

This policy is non-contractual.

We are committed to providing a work environment free from sexual harassment where everyone is treated with dignity and respect.

Sexual harassment is unlawful and is strictly prohibited in any form at Webgains and we have a zero-tolerance approach to it.  

We will take active steps to help prevent our employees from being sexually harassed in the workplace or from being victimised if they have made a complaint or have supported someone who has made a complaint.

We encourage anyone who is a victim of, or witness to, sexual harassment to report in accordance with this policy. This will enable us to take appropriate action and provide support.

Sexual harassment can result in legal liability for us as an organisation and for the perpetrator.

Any employee who sexually harasses another person will be discipline and where appropriate, may be dismissed.

This policy;

  • Explains what sexual harassment is
  • Sets out standards of behaviour we expect you to follow
  • Sets out a process you should follow if you wish to make a complaint
  • Explains how we deal with complaints and,
  • Explains the preventative measures we will take to reduce the risk of sexual harassment happening in our workplace.

This policy applies to everyone who works with us, including employees and any third parties such as consultants, freelancers and clients.

It also extends to all work-related settings and events, including conferences, training sessions, business trips, and social events, whether they occur on company property or elsewhere.

Alcohol Use at Work-Related Events
We recognise that alcohol may be present at work-related occasions, including client meetings, lunches, conferences, and corporate events. Employees are expected to exercise good judgment and to consume alcohol responsibly and in moderation. Alcohol consumption must never impair professional behaviour, decision-making, or lead to conduct that could be considered inappropriate, discriminatory, or harassing. Any behaviour which breaches this policy and is linked to alcohol consumption will be treated seriously and may result in disciplinary action. Employees are reminded that they always remain representatives of the Company during work-related events.

We will also not tolerate sexual harassment outside of a work situation where the incident may involve work people or negatively impact on the company’s reputation.


Definition of Sexual Harassment
Sexual harassment includes any unwanted behaviour of a sexual nature that makes someone feel (regardless of this being the intention behind the behaviour or not) uncomfortable, humiliated, or intimidated. Unwanted means unwelcome or uninvited. It reflects the employee’s view and means unwanted by them.

It also includes treating someone less favourably because they have submitted or have refused to submit to unwanted conduct of a sexual nature in the past.

Sexual Harassment can include, but is not limited to:

  • Unwelcome sexual advances or requests for sexual favours
  • Continued suggestions for sexual activity after it has been made clear that such suggestions are unwelcome
  • Unwanted physical contact
  • Suggestive comments, banter or jokes of a sexual nature
  • Displaying sexually explicit materials in the workplace
  • Sending sexually explicit material via electronic devices
  • suggestive looks, staring or leering
  • 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
  • spreading sexual rumours about a person
  • Any other behaviour that can be considered sexually controlling, coercive, intimidating, or inappropriate.

The viewing, storing, or sharing of pornographic or sexually explicit material on Company devices, systems, or in the workplace is strictly prohibited. The only exception to this is where work legitimately requires engagement with adult-themed content, for example in relation to certain clients within the adult products sector. In such cases, access must be strictly for professional purposes, and handled in a way that is appropriate, proportionate, and consistent with this policy. At no point should such material be used, displayed, or shared in a way that could cause offence or amount to harassment.

A single incident can amount to sexual harassment.

A person may be sexually harassed even if they were not the intended target. For example, a person may be sexually harassed by pornographic images displayed on a colleague’s computer in the workplace, or by overhearing colleagues boasting about their sexual conquests.

A person may experience sexual harassment because of conduct of a sexual nature that they find unwanted, even if it was not intended to have that effect by the person doing it. For example, whilst a joke may have been intended to be inoffensive, it may be offensive to the recipient and if it is of a sexual nature. This may amount to sexual harassment.


Third Party Sexual Harassment
Third party sexual harassment occurs when an employee is subjected to unwanted sexual behaviour by someone who is not directly employed by the company but whom they have come into contact with during the course of their employment (for example a client, customer, contractor, or visitor).  Third party harassment could include, for example, unwelcome sexual advances from a client at a work event or where employees are visiting third party premises in the course of their employment.

This policy applies to all settings where employees interact with external parties and emphasises that employee safety is prioritised above all business concerns.

The law requires us to take reasonable steps to prevent sexual harassment by third parties and we will not tolerate third party harassment either by a third party to our staff or by our staff to a third party.

All staff and third parties are encouraged to report any sexual harassment they experience or witness in accordance with this policy, and employees should speak to their line manager or another appropriate person in the organisation (Senior Leadership Team, Head of Department or HR) if they believe additional steps are needed to protect them from sexual harassment.

Preventative steps
We will take the following reasonable steps to prevent sexual harassment in our workplace:

  • Conduct regular risk assessments to identify where our staff may be exposed to sexual harassment by other members of staff or by third parties and implementing measures that are identified as helping in prevention and mitigating risks  
  • Implement training programmes for all employees to ensure they recognise behaviours that may amount to sexual harassment, understand how we expect them to behave towards the people they come into contact with (including employees and third parties) and how to complain if they experience or witness inappropriate behaviour
  • Update and communicate key policies to ensure that all staff are up to date and aware
  • Consult with staff on issues and risks
  • Make this policy available to all members of staff and third parties
  • Require all third parties and event attendees to read and confirm receipt they have read this policy
  • Encourage staff to report incidents in line with this policy
  • Take all appropriate action where issues are identified and assessing lessons learned to avoid issues recurring

Reporting Methods:
We encourage employees who witness sexual harassment or victimisation to take appropriate steps to address it. Depending on the circumstances this could include:

  • Intervening where you feel able to do so
  • Supporting a victim to report it or reporting it on their behalf
  • Reporting any incident, you feel that there may be a continuing risk if you do not report it
  • Co-operating in any investigation to the incident


Informally and Directly Addressing Behaviour
If you feel confident in doing so, speak to the person who has harassed you, explain why their behaviour is unwanted and ask them to stop. Sometimes people do not realise how their actions are impacting others and pointing this out can be enough to prevent repeat behaviour, for example unwanted sexual ‘banter’. Please speak to your line manager or HR if you would like advice on how to approach this conversation.

Anonymous Reporting Form
We recognise that privacy can be a crucial concern when reporting sensitive issues like sexual harassment. To address this, we’ve implemented an anonymous reporting form available on the HR SharePoint home page. This form allows you to report incidents without revealing your identity, which can make it easier to come forward with concerns.

We encourage you to provide as much information as possible within the anonymous form i.e. full details about what has happened, times/ dates and whether anyone witnessed it. This will allow us to initiate an investigation.

Direct Reporting to HR
For those who are ready and feel comfortable sharing more specific information about an incident as well as their identity, direct reporting to our UK HR team is encouraged.  The Webgains grievance procedure would be followed by personnel trained on managing issues involving alleged sexual harassment; a formal or informal approach can be followed (though it is likely that any allegation of sexual harassment will be handled on a formal basis, given the seriousness).

You can contact the team directly at uk-hr@webgains.com.

When you report directly to HR, rest assured that any information provided will be handled with the utmost confidentiality.

Direct reports allow us to conduct a more detailed investigation and take precise actions against individual/s involved, if necessary.

Your courage in coming forward is highly valued, and HR is prepared to support you throughout the process to ensure a respectful and secure work environment.

Reporting to Your Line Manager
Recognising that some employees may prefer discussing sensitive issues such as sexual harassment with someone they know and trust, reporting to your line manager is another supported option. Your line manager is trained to handle such reports with discretion and empathy, ensuring your concerns are taken seriously while maintaining confidentiality.

When you choose to report an incident to your line manager, they will listen to your experience and document the necessary details responsibly. Following your discussion, your line manager will escalate the issue to our HR department to ensure a thorough investigation is conducted where HR consider that to be appropriate. This ensures that the matter is addressed systematically and with the appropriate level of oversight.

Your line manager is committed to supporting you through this process and will liaise with HR to follow up on the case, ensuring that appropriate measures are taken to address the issue and prevent future occurrences.

If your complaint relates to your line manager, the other avenues of report should be followed.

What information needs to be provided?
When reporting incidents of sexual harassment directly to your line manager or HR, providing detailed information is crucial for enabling a thorough and effective investigation. To assist with this, please include the following indicative information in your report:

  • Date and Time of the Incident(s): Specify when the harassment occurred. If there are multiple incidents, provide dates and times for each.
  • Location of the Incident(s): Describe where each incident took place, e.g., in the office, during a work-related event, etc.
  • Details of the Incident(s): Provide a clear and detailed description of what happened during each incident. Include any verbal comments, physical actions, and the context in which the incidents occurred.
  • Individuals Involved:
    • Alleged Perpetrator(s): Identify the individual(s) involved in the incident, if known.
    • Witnesses: List any people who may have witnessed the incident, if applicable.
  • Impact on You: Explain how the incidents have affected your work environment and personal well-being. This can include emotional, physical, and professional impacts.
  • Previous Reports: Note if you have previously reported these incidents, when, and to whom.
  • Evidence: Include any supporting evidence, such as emails, messages, images, or any other documentation that can support your account of the incidents.
  • Desired Outcome: Specify what you hope to achieve from reporting the incident, such as specific actions you believe would resolve the issues.

This list will help your line manager or HR department understand the situation fully and take appropriate action to address the harassment effectively. It’s important to gather as much information as possible before making the report to ensure the process is smooth and comprehensive.

Proactive Measures and Response:

  • Upon receiving a report, immediate steps will be taken to commence the appropriate process.
  • Appropriate corrective actions will be implemented based on the investigation’s findings, which may include adjustments to the work environment or liaising with the third party or third party’s employer.

Support for Complainants:

  • Webgains is committed to supporting those affected by sexual harassment through access to counselling services, adjustments to their work environment if needed, and assurance of their safety and dignity at work.
  • Employees will be protected from intimidation, victimisation, or discrimination for filing a complaint or assisting in an investigation. Retaliating against an employee for complaining about harassment or bullying is a disciplinary offence.
  • We want to reassure you that you will not be penalised for making a complaint – even if we don’t uphold it. Employees will only face disciplinary action if we reasonably conclude that their allegations are false and were made in bad faith (that means the employee who made the complaint didn’t honestly believe it to be true). This will only be necessary in exceptional circumstances

Webgains acknowledges the emotional and professional toll that sexual harassment can take on individuals. We are committed to ensuring that all reported incidents are handled sensitively, confidentially, and with the utmost urgency.

Additional Support Through Employee Assistance Program (EAP)
We recognise that experiencing or witnessing harassment can significantly impact your emotional and mental well-being. To support you through such challenges, we offer comprehensive assistance through our Employee Assistance Program (EAP), Spill.  This program is available to all employees seeking additional support, at any time, not just following an incident report.

How we deal with complaints
We deal with complaints in line with our grievance policy, but with a specific focus on alleged sexual harassment.

We may, if we think it is necessary, separate you from the person you are complaining about whilst we investigate to prevent things from getting worse whilst the investigation is ongoing. This is not prejudgement, and we will discuss this with you before doing it.

In certain circumstances, we may also decide to suspend an employee on full pay while an investigation takes place. This will only be done where it is considered a reasonable and necessary step, and the period of suspension will be kept as short as possible.

If we uphold your complaint we will deal with the matter in accordance with the disciplinary policy.

If we decide not to uphold your complaint or you are dissatisfied with the outcome, you can appeal in line with the grievance policy.

NDAs or confidentiality clauses (to the extent set out in legislation) cannot deter reporting or whistleblowing about harassment.

When we will take disciplinary action
Any employee found to have sexually harassed a colleague, or another person will be subject to disciplinary action and maybe dismissed. We will take into consideration aggravating factors such as abuse of power over more junior or vulnerable colleagues when deciding on the appropriate disciplinary action. We may also report criminal acts to the police.

If a member of staff has been harassed by a third party, we will take appropriate action to prevent it from reoccurring. That may include the warning the harasser that if they repeat their behaviour they will be banned from our premises, discontinue their services and report any criminal acts to the police. In the case of an investigation, third party organisations HR team will be contacted so a thorough investigation happens by their employer.

How we maintain confidentiality
We are committed to handling all complaints of sexual harassment sensitively and confidentially.

If you have made a complaint, witnessed an incident or are accused of sexual harassment you must not discuss the case with anyone except:

  • Any Line Manager, HR or other responsible personal in the organisation you have approached for support
  • Someone who is acting as your companion in formal meetings
  • Close family or friends who are supporting you
  • Anyone who is providing counselling services to you provided they are suitably qualified

We will ensure that any investigation into a complaint is conducted confidentially and that the details of the complaint are only disclosed to those who need to know in order to investigate, manage and resolve the matter. In some cases, this may include providing information to the police or legal representatives.

We will save information and documents about a complaint raised by you or about you into your personnel file. These will be processed in accordance with current data protection legislation.

If you fail to maintain confidentiality when you are involved in some way in a sexual harassment complaint, you may face action under our disciplinary policy.


Commitment to a Safe and Respectful Workplace
We will continue to review this policy, our training, and our procedures regularly to ensure they remain effective and compliant with legal requirements. All employees, contractors, and third parties have a shared responsibility to uphold these standards, treat others respectfully, and take appropriate action if they witness or experience unacceptable behaviour. By working together, we can ensure a safe, inclusive, and professional environment for everyone.