Effective Date: January 2026
Review Date: January 2027
Owner: HR Department
1. Purpose
This policy sets out NSEMM’s approach to preventing and addressing sexual harassment in the workplace, in compliance with the Worker Protection (Amendment of Equality Act 2010) Act 2023. NSEMM, as a Charitable Incorporated Organisation (CIO), takes its duty to prevent sexual harassment extremely seriously.
2. Legal Framework
The Worker Protection (Amendment of Equality Act 2010) Act 2023 places a positive duty on employers to take reasonable steps to prevent sexual harassment of their workers. This includes:
- A proactive obligation to anticipate and prevent harassment before it occurs
- Liability for failing to take reasonable preventative steps
- Protection against harassment by third parties, including service users, volunteers and members of the public
NSEMM recognises that this duty goes beyond responding to complaints – we must actively create a culture where sexual harassment cannot take hold.
3. Definition of Sexual Harassment
Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. Examples include but are not limited to:
- Unwelcome sexual advances or propositions
- Unwanted physical contact, touching or invasion of personal space
- Sexual comments, jokes, innuendo or banter
- Displaying or sharing sexually explicit material (including digitally)
- Making promises or threats in return for sexual favours
- Intrusive questions about a person’s private or sexual life
- Sexual gestures or suggestive looks
- Sending unsolicited messages of a sexual nature
- Sharing intimate images without consent
Conduct may constitute sexual harassment whether it occurs in person, online, by phone, text or any other medium. A single incident can amount to harassment – it does not need to be repeated.
4. NSEMM’s Duty to Prevent
NSEMM takes the following reasonable steps to prevent sexual harassment:
- Risk assessments – regular assessment of working environments and situations where harassment may occur
- Training – mandatory training for all staff via NSEMM Moodle, including bystander intervention
- Clear reporting channels – accessible, confidential reporting via the Protect App
- Visible leadership – senior leaders actively championing a zero-tolerance culture
- Environmental measures – appropriate workplace design, CCTV in common areas, lone working protocols
- Regular review – annual review of this policy and its effectiveness, informed by staff feedback
5. Third-Party Harassment
NSEMM recognises its responsibility to protect staff from sexual harassment by third parties, including:
- Students and learners
- Parents and carers
- Visitors and contractors
- Members of the public during outreach activities
Where a third party is identified as a source of harassment, NSEMM will take appropriate action, which may include restricting access, issuing warnings or terminating relationships with external partners.
6. Reporting Sexual Harassment
If you experience or witness sexual harassment, please report it through any of the following channels:
- Protect App – submit a confidential concern at protect.nsemm.org.uk – this is the recommended route for full investigation tracking
- Line Manager – speak directly with your line manager (unless they are the subject of the complaint)
- HR Department – contact HR via the HR App or in person
- Safeguarding Lead – where the behaviour involves children or vulnerable adults
You will not be penalised or treated unfavourably for making a complaint in good faith. Anonymous reporting is available through the Protect App.
7. Support for Complainants
NSEMM ensures that anyone who reports sexual harassment receives:
- Immediate acknowledgement and a named point of contact
- Separation from the alleged perpetrator where appropriate (including temporary changes to working arrangements)
- Access to the Employee Assistance Programme for counselling
- Regular updates on the progress of any investigation
- Protection from retaliation or victimisation
- Time off for related appointments (counselling, legal advice, court attendance)
8. Investigation Procedure
- All reports are acknowledged within one working day
- An initial risk assessment determines whether immediate protective measures are needed
- A trained, independent investigator is appointed
- The complainant provides a detailed account and identifies any witnesses
- The respondent is informed of the allegations and given the opportunity to respond
- Witness statements and evidence (including digital evidence) are gathered
- The investigator produces a written report with findings and recommendations
- Outcomes are communicated to both parties in writing
- Both parties have the right to appeal within 10 working days
The standard of proof is the balance of probabilities. Criminal allegations will be reported to the police where appropriate, and internal processes may run in parallel with any police investigation.
9. Consequences
Where sexual harassment is substantiated, consequences may include:
- Formal written warning
- Final written warning
- Mandatory additional training and supervision
- Transfer or redeployment
- Demotion
- Summary dismissal for gross misconduct
- Referral to relevant professional bodies or the DBS where applicable
The severity of the consequence will be proportionate to the nature and impact of the harassment.
Sexual harassment constitutes gross misconduct under the Staff Code of Conduct and will be dealt with under the Disciplinary and Grievance Policy.
10. Training Requirements
All staff and volunteers must complete the following training via NSEMM Moodle:
- Sexual harassment awareness (on induction, annual refresher)
- Bystander intervention training (annual)
- Managers receive additional training on handling disclosures and supporting staff
Training records are maintained and monitored. Failure to complete mandatory training may result in disciplinary action.