1. Introduction
1.1 We are committed to providing an environment free from sexual harassment and ensuring all residents and anyone working for and on behalf of Fairhive, are treated, and treat others, with dignity and respect.
1.2 Sexual harassment of any kind will not be tolerated. People of all genders and all ages can be at risk of sexual harassment and we will take active steps to help prevent the sexual harassment of / or by all residents.
1.3 Anyone who is a victim of, or witness to, sexual harassment is encouraged to report it in accordance with this information sheet. This will enable us to take appropriate action and provide support. Sexual harassment can result in legal liability for both the business and the perpetrator. Sexual harassment of residents by staff members may result in disciplinary action up to and including dismissal for that staff member. Sexual harassment by residents may result in enforcement action being taken against their tenancy. The enforcement action taken would be appropriate and proportionate to the specific nature and seriousness of the sexual harassment being perpetrated. However, this could ultimately result in a resident losing their home. Prior to that, we could seek an injunction against them (which carries specific conditions / restrictions) if appropriate.
1.4 This Information Sheet is relevant to sexual harassment situations involving residents.
2. What is sexual harassment?
2.1 Sexual harassment is any unwanted physical, verbal or non-verbal conduct of a sexual nature that has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to sexual harassment.
2.2 It also includes treating someone less favourably because they have submitted or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex, in the past.
2.3 Sexual harassment may include, for example:
(a) unwanted physical conduct including touching, pinching, pushing and grabbing;
(b) continued suggestions for sexual activity after it has been made clear that such suggestions are unwelcome;
(c) sending or displaying material that is pornographic or that some people may find offensive (including emails, text messages, video clips, photo editing using Artificial Intelligence and images sent by mobile phone or posted on the internet);
(d) unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless); or
(e) offensive emails, text messages or social media content.
2.4 A person may be sexually harassed even if they were not the intended target.
2.5 If any sexual harassment of residents occurs, we will take steps to address any complaints and to prevent it happening again. These steps may include updating relevant policies, taking disciplinary action against staff members if they are the perpetrator, issuing warning notices to residents if they are the harasser, warning them about their behaviour, banning them from our premises (in circumstances where we have the power to do so), reporting any potential criminal acts to the police, and sharing information within Fairhive to ensure our residents and staff are properly protected.
3. Third party harassment
3.1 Third-party sexual harassment can result in legal liability and will not be tolerated. The law requires employers to take reasonable steps to prevent sexual harassment by third parties. All residents are encouraged to report any third-party harassment they are a victim of, or witness, in accordance with this information sheet. Third-party harassment could include, for example, unwelcome sexual advances to a staff member by a resident or to a resident by a contractor visiting our premises.
3.2 Any sexual harassment by a resident against a staff member may lead to enforcement action being taken against the resident. The appropriate enforcement action would be based on the nature / seriousness of the reports but could ultimately result in the resident losing their home. Prior to that, we could seek an injunction against them (which carries specific conditions / restrictions) if appropriate. We will take active steps to prevent third-party sexual harassment These steps may include training, warning notices to residents, customers or recorded messages at the beginning of telephone calls.
3.3 If any third-party harassment occurs, we will take steps to address any complaints and to prevent it happening again. These steps may include warning the harasser about their behaviour, banning them from our premises (in circumstances where we have the power to do so), reporting any potential criminal acts to the police, and sharing information within Fairhive where appropriate.
4. If you are being sexually harassed: Informal procedure
4.1 If you are being sexually harassed, consider whether you feel able to raise the problem informally with the person responsible. You should explain clearly to them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult or is inappropriate, you should speak to our Business Support Team, who can provide confidential advice and assistance in resolving the issue formally or informally. The team can be contacted using these dedicated confidential communication lines:
(a) email: residentconfidential.reporting@fairhive.co.uk
(b) telephone: 01296 732 830
4.2 If you are not certain whether an incident or series of incidents amounts to sexual harassment, you should initially contact the Business Support Team informally for confidential advice.
4.3 If informal steps are not appropriate, or have been unsuccessful, you should follow the formal procedure set out below.
5. Raising a formal complaint
5.1 If you wish to make a formal complaint about sexual harassment, you should submit it to our Business Support Team, using the following confidential email address: residentconfidential.reporting@fairhive.co.uk
5.2 Your complaint should set out full details of the conduct in question, including the name of the harasser, the nature of the sexual harassment, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring, along with any relevant evidence you wish to provide.
5.3 As a general principle, the decision whether to progress a complaint is up to you. However, we have a duty to protect all residents and staff members and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.
6. If you witness sexual harassment
6.1 Residents who witness sexual harassment are encouraged to take appropriate steps to address it. Depending on the circumstances, this could include:
(a) intervening where you feel able to do so;
(b) supporting the victim to report it or reporting it on their behalf;
(c) reporting the incident where you feel there may be a continuing risk if you do not report it; and/or
(d) co-operating in any investigation into the incident.
6.2 Support and guidance can also be obtained from the following external services:
(a) The Equality Advisory and Support Service (www.equalityadvisoryservice.com);
(b) Protect (www.protect-advice.org.uk);
(c) Victim support (www.victimsupport.org.uk/)
(d) Rape crisis (https://rapecrisis.org.uk/); and
(e) Rights of women (England and Wales) (www.rightsofwomen.org.uk).
