_SIEGUS® HELPDESK
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SUMMARY

_SIEGUS® is committed to having a working environment where everyone is treated with dignity and respect. We do not tolerate bullying, harassment and/or victimisation and we expect everyone working at or with _SIEGUS® (including freelancers, sub-contractors and agency workers), as well as _SIEGUS® visitors and guests, to behave respectfully towards others and never act in a way that could be regarded as bullying, harassment and/or victimisation.

This Notice explains how you can informally or formally address issues with bullying, discrimination, harassment and/or victimisation. However, we encourage you to resolve any problems informally in the first instance. It sets our examples of unacceptable behaviours which could constitute bullying, discrimination, harassment (including sexual harassment) and victimisation.

Any formal complaint should be put in writing and sent to the Help at Work team.

Help at Work shall determine if this notice is the most appropriate route for dealing with your complaint. If the alleged behaviours or actions do not appear to have the potential to amount to bullying, discrimination, harassment and/or victimisation, your case may instead be dealt with under the _SIEGUS® Grievance Notice.

Support and guidance is available to all parties in this process – whether you raise a complaint, if you have been accused of bullying, harassment or victimisation, if you are cited as a witness in the complaint or if you have witnessed bullying or harassment.

PURPOSE AND SCOPE

The aim of this notice is to help prevent the occurrence of bullying, discrimination, harassment and/or victimisation in the workplace, and to provide guidance on how to resolve complaints both informally and formally should such behaviour occur.

This notice can be used if you experience bullying, discrimination, harassment and/or victimisation either at work or work events (including _SIEGUS® social functions and business trips).

Our commitment to protect you and others is important, and there may be occasions where we decide to act on your complaint independently; we will advise you if this happens. We may also need to act (e.g. through a _SIEGUS®-led investigation) when no formal complaint has been made but where bullying, discrimination, harassment and/or victimisation has occured.

If you make an informal or formal bullying, harassment and/or victimisation complaint, you will be treated fairly, without victimisation or detriment. However, where vexatious or malicious complaints are made, they will be dealt with in line with the _SIEGUS® Disciplinary Policy.

In certain circumstances, we may decide that it is more appropriate for your complaint to be investigated and dealt with under the _SIEGUS® Grievance or Disciplinary Procedure. If this is the case, _SIEGUS® shall have a discussion with you around the reasons why. If you decide to progress a formal complaint through the _SIEGUS® Help at Work Policy, you will not be able to raise a separate complaint about the same issue using the _SIEGUS® Grievance Policy.

Bullying, discrimination, harrasment, and victimisation are examples of gross misconduct, which are acts so serious as to justify summary dismissal without notice. Where gross misconduct has been identified, they will be dealt with through the _SIEGUS® Disciplinary Policy.

DEFINITIONS

Everyone at _SIEGUS® has the right not to be subjected to bullying and/or harassment at work or work in an intimidating working environment.

Bullying and/or harassment can take place in a number of ways, either verbally or non-verbally, including face-to-face, behind your back, by telephone, email, text, social media or any other form of communication and it can also occur through the display or sharing of visual images.

There is no statutory definition of bullying; however, it can take the form of someone exercising power over another person through a negative act or acts that undermine the individual personally and/or professionally. The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.

This guideline adopts the definition of harassment as defined in law as unwanted conduct related to a relevant protected characteristic or of a sexual nature, and where the conduct has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. Protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Victimisation is when someone treats you badly or subjects you to a detriment because you complain about discrimination or help someone who has been the victim of discrimination (or they think you have).

Bullying and/or harassment are not necessarily always obvious or apparent to others, and may happen in the workplace without an employer's awareness. It can be between two individuals or it may involve groups of people. It might be obvious or it might be insidious. It may be persistent, there may be a pattern, or it may be an isolated incident. It can also occur in written communications, online/social media, by phone or through email, not just face-to-face.

Note there are many actions and behaviours that do not amount to bullying and/or harassment. For example:

• fair and reasonable criticism of your performance or behaviour

• a supervisor rejecting your personal request (such as a request for time off or for adjusted hours) because of a legitimate business need.

• constructive feedback

• not being invited to a meeting where you are not required

• being appropriately supervised in accordance with any _SIEGUS® notice, e.g. being placed on a performance procedure where your performance is not of an appropriate standard

Examples of unacceptable behaviours which could constitute bullying or harassment (including sexual harassment) are:

• spreading malicious rumours, or insulting someone by word or behaviour

• maliciously copying memos that are critical about someone to others who do not need to know

• ridiculing or demeaning someone – picking on them or setting them up to fail

• unjustified exclusion from work activities or victimisation

• communicating in a demeaning manner

• misuse of power or position such as deliberately undermining a competent worker by overloading and constant criticism.

• preventing individuals progressing by intentionally or unjustifiably blocking promotion or training opportunities.

• unwelcome sexual advances or sexual innuendo – touching, standing too close, display of offensive materials (including pornographic), asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected, or sending material of a sexual nature by any means.

• making threats or comments about job security without foundation.

COMMITMENTS

You must comply with this guideline. You are required to respect others regardless of their characteristics and you must not behave in ways which may cause offence, or which in any way could be considered to be harassment, bullying or victimisation. You have a responsibility to help ensure everyone you work with and those visiting _SIEGUS® are treated with dignity and respect.

Where you feel you can, you should actively discourage harassment, bullying or victimisation by making it clear you find such behaviour unacceptable. You should support colleagues who suffer any such treatment and who are considering making a formal complaint. You should alert a supervisor to any incident of harassment, bullying or victimisation to enable _SIEGUS® to deal with the matter.

Supervisors/Team Leaders have an obligation to tackle harassment, bullying and victimisation in the workplace.

PROTOCOL
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_SIEGUS ®employees and freelancers (PAYE or gross paid) should refer to this notice to raise their concern. For freelancers, the same principles of fairness and objectivity will be applied. They should raise their concerns informally in the first instance. If a formal complaint is made by a freelancer, each of the four steps outlined in the formal employee process below will be followed. In some cases, modifications to each step may be made where this is practically required to ensure the raised concerns are considered and responded to in a timely fashion. For example, if the freelancer has taken work with another employer it may be more practical to undertake meetings or hearings remotely and/or undertake the four step process through written submissions or as a paper review.

Sub-contractors and agency workers should send any complaint to their employer, which will be dealt with in line with the _SIEGUS® Resolution Process. Visitors and guests are not covered by this guideline but can contact _SIEGUS® Help at Work.

INFORMAL PROCESS

Everyone working for _SIEGUS® can use the informal process. Where possible and appropriate, we encourage you to try to resolve problems informally, before using the formal process.

The informal process focuses on resolving disputes early on. Informal resolution can often help resolve matters more swiftly and help reduce the emotional impact on those involved. For example, mediation might resolve a matter within one day, whereas formal complaints may take weeks or sometimes months (based on their complexity).

There are several routes you can take to raise your complaint informally and/or get support. Freelancers can use all the informal routes and access codes to use services, as set out below;

• Talk to the person you feel aggrieved with to explain the situation and how it made you feel (where you feel comfortable to do this). You can call the Bullying and Harassment Helpline to help you prepare for having a conversation with the person (see point below). It can be helpful to describe the day, place, meeting or event that took place so the other person is clear about your concerns. You should use the opportunity to ask the person to change or stop their behaviour. It is important to remember that the other person may be unaware of their behaviour and/or the impact it has on you.

• Speak to your Supervisor or their Supervisor, or your Trade Union Representative (where applicable) who will provide support, advice and guidance to help you address your concerns.

• Attend mediation. Mediation is a voluntary process (for all parties) and involves individual and joint meetings to help identify the root cause of a problem. Mediation may be appropriate in your case but will depend on the particular circumstances. You and the other person have a choice about whether you want to participate. Mediation can be very successful if you and the other person are willing to participate fully in the process and genuinely want to resolve the issue between you. For further information you can visit the Mediation Gateway Page, or alternatively, to request mediation speak to your Supervisor or HR Business Partner. If you are unsure who your HR Business Partner is, contact _SIEGUS® HR.

If after exploring the informal process, the informal routes have not been satisfactory, you may wish to raise a formal complaint.

FORMAL PROCESS
STEP 1: MAKING YOUR FORMAL COMPLAINT

Your complaint should be put in writing using the Bullying and Harassment submission form, (which will be sent to _SIEGUS® Help and Support), as soon as possible after the incident occurred. If you require additional guidance in filling in the form, contact your trade union official, where applicable.

Ensure you include the full details of your complaint and submit any supporting documentation you wish to be considered. Note there may be a delay in dealing with your complaint while further information is sought if the allegations are not sufficiently clear. You should also state how you would like the matter resolved.

STEP 2: FORMAL COMPLAINT REVIEW Once you have submitted your letter of complaint and any supporting documentation to _SIEGUS® Help at Work, they will send you a written acknowledgement. Help at Work shall then check that this guideline is the most appropriate route for dealing with your complaint. If the alleged behaviours or actions do not appear to have the potential to amount to bullying, harassment and/or victimisation, your case may be dealt with under _SIEGUS® Grievance Policy. You will be notified if this is the case with reasons ahead of your Grievance hearing.

If it is considered appropriate to deal with your complaint under this guideline, the following individuals will be assigned to your complaint:

• Hearing Supervisor (HS): sole decision-maker. (The HS will be more senior than the person being complained about and assigned from outside of the division or if not possible, the sub-division of the person(s) to which your complaint is about. Where this is not possible in the event of a complaint about a Senior Leader banded employee, the Hearing Supervisor will be at least the same seniority as the person(s) being complained about.

• HR Case Supervisor (HRCS): assigned to provide support, guidance and assist with investigating your case.

• External Expert (EE): may be used in complex cases; EE usage to be determined by the relevant Supervisor. The EE will act as a joint decision maker with the Hearing Supervisor.

• HR Support Lead (HRSL): to provide local divisional HR support to you and keep you updated as to the progress of your case and ensure that appropriate support mechanisms are in place.

We aim to deal with your complaint within 30 calendar days from the date you submit it (or 60 calendar days for complaints involving a number of witnesses and/or a lot of evidence). You will be contacted shortly after you submit your complaint by the HRCM to confirm the process. Where it is likely your case is not going to be completed within these timescales, you will be notified of this and the reason(s) why.

STEP 3: THE FORMAL HEARING You will be invited to a formal hearing to discuss your complaint with the Hearing Supervisor. We aim to offer you a date for the formal hearing at the earliest opportunity and within 10 calendar days of the fully completed submission form being received by the Help at Work team.

You will receive official notification in writing of the date, time and location of your formal hearing, and will be given five working days’ notice of your requirement to attend to ensure you have sufficient time to prepare. We appreciate that freelancers may be working elsewhere, so in cases where we consider it appropriate to have a face to face meeting, we will work with you to agree a mutually agreeable time and date to discuss your complaint.

You have the right to be accompanied by a trade union representative or _SIEGUS® colleague to support you through the process (not a practising lawyer or anyone directly involved in your case, e.g. a witness) at any formal hearing. You should inform your HR Case Supervisor in advance of the hearing of the name of the person accompanying you, so they can check there is no conflict of interest. Where there is a conflict of interest _SIEGUS® reserve the right to require you to find a different supporter.

Where you have been invited to a formal hearing (either in STEP 3 or an appeal hearing in STEP 4 below) and you are not able to make the scheduled time and date, a rescheduled hearing will only be permitted under exceptional circumstances (these include business critical activities clashing with the hearing time, your sickness absence or a clash with any pre-booked annual leave you may have). If your companion cannot attend at the time specified, you may suggest an alternative time. In cases where two hearing dates have been arranged and you have not attended either, the Hearing Supervisor may decide to make a decision in your absence. Where you are unable to attend the hearing due to sickness, we may ask for Occupational Health input, with your consent, so we can establish whether you are able to attend a hearing. Where you are experiencing difficulties with the availability of your chosen companion and the hearing has already been rescheduled once, we will ask you to find an alternative companion if the second date is not suitable for them. At the hearing, the Hearing Supervisor shall provide you full opportunity to explain your complaint and may seek clarification on the documentation you submitted.

There may be a requirement to adjourn the hearing to allow for further investigation (for example so any witnesses can be spoken to). You will be informed if an adjournment is required and the estimated timescales.

Whilst we investigate your complaint we may put in place temporary measures to regulate the situation; for example, we may arrange for you and/or the other person(s) involved to be temporarily redeployed, or we may decide to temporarily change the person you report to. In certain cases, we may decide that it is appropriate to suspend the other person(s) involved.

You will be entitled to reasonable paid time off to attend the formal hearing (and any re-convened hearing if adjourned). You should notify your Team Leader as soon as you know of the relevant date(s) so that adequate cover can be arranged during your absence.

After your complaint has been fully investigated and a conclusion has been reached, the Hearing Supervisor will communicate their decision to you in writing. The other person(s) involved will also be informed of the outcome in writing.

The formal process determines if there is ‘a case to answer’. If the Hearing Supervisor decides there is a case to answer, the information provided in your complaint will be reviewed under the _SIEGUS® Disciplinary Policy and the person you have made a complaint about (if they are an employee) will be invited to a disciplinary hearing under that notice, to discuss the matter. You may be invited to participate in this subsequent disciplinary process. For confidentiality reasons, we will be unable to inform you of the exact outcome of that process; however you will be advised when that process has come to an end.

Disciplinary hearings arising from a bullying and/or harassment complaint will be heard by a separate hearing supervisor appointed from outside the department line to the employee’s line department under the _SIEGUS® Disciplinary Notice).

FACT FINDING INVESTIGATIONS

As part of any bullying and harassment investigation, a fact find will routinely take place. We understand that in certain cases particularly where a complaint relates to sexual harassment orsome other form of inappropriate and/or sensitive behaviour, you may not feel comfortable in putting your formal complaint in writing (as outlined above) and that you may, for example, have decided to speak to a supervisory member or HR Business Partner about the matter instead.

Where this occurs, _SIEGUS® may decide to carry out an investigation regarding your complaint in the form of a “fact finding investigation”. The fact finding investigation may involve a member of staff from the Investigations Service and/or the Help at Work Team meeting with you to consider how best to take your complaint forward. An Investigation Supervisor (from a different division, or where not possible sub-division) may also be appointed to investigate the allegations.

You will be entitled to be accompanied at any fact finding investigation meeting as you would be able to in STEP 2 of the formal process outlined above, i.e. you could bring a recognised trade union representative or _SIEGUS® colleague (not a practising lawyer) to the meeting with you.

The fact find investigation will seek to establish the nature of your complaint; who the complaint is about and any witnesses that may be relevant to speak to. It will also be used to determine what appropriate next steps _SIEGUS® should consider taking. If the allegations you raise are of a sufficiently serious nature, it may be that _SIEGUS® will need to consider taking appropriate steps such as those in accordance with the relevant _SIEGUS® disciplinary policies (which may include suspending the alleged respondent to the allegations you raise).

For confidentiality reasons, we will be unable to inform you of the exact outcome of any fact finding investigation; however you will be advised when that process has come to an end. You may be required to participate in the disciplinary process, dependant on the case specifics, of which; full support will be provided to you.

Note that this alternative fact finding process is to be used in exceptional circumstances only. Individuals will be encouraged to raise their complaints informally and formally as above.

STEP 4: YOUR RIGHT TO APPEAL If you wish to appeal the outcome of your complaint you must do so within 21 calendar days of the decision being provided to you in writing. You must clearly set out your grounds of appeal before we progress your appeal, ensuring you provide as much detail as possible and any supporting documentation when the appeal is lodged. Legitimate grounds for appeal may, for example, include procedural errors, a failure to consider relevant evidence and/or a failure to address all allegations. Any further documentation should be received no later than two days before the hearing. This will enable the appointed appeal Hearing Supervisor to understand the points you wish to appeal and sufficiently prepare for the hearing.

You will be notified once your appeal has been accepted.

We aim to deal with an appeal within 90 calendar days from the date of submission.

_SIEGUS® aims to offer you a date for an appeal hearing at the earliest opportunity and within 10 calendar days of receiving your grounds for appeal. Upon your appeal being accepted the following individuals shall be assigned to your appeal:

Hearing Supervisor (HS):

External Expert (EE):

Code Of Ethics joint decision-maker (outside your division or if not possible, the sub-division);

joint decision-maker with casting vote if agreement cannot be reached;

HR Case Supervisor (HRCS): assigned to provide support, guidance and carry out any additional fact-finding and investigation; and

HR Support Lead (HRSL): to provide local divisional HR support and to keep you updated on progress of your case.

The Hearing Supervisor and External Expert will have had no prior involvement in your complaint.

As part of the appeal process we will need to share relevant documentation from your original complaint with the new Hearing Supervisor and the External Expert. The Hearing Supervisor and External Expert will review and investigate your grounds of appeal. You will be invited to a formal appeal hearing to discuss your grounds of appeal and the same process will be followed for this formal (appeal) hearing as set out in STEP 3 above.

After your appeal grounds have been fully investigated and a conclusion reached, the Hearing Supervisor and External Expert will make a decision as to whether your appeal is upheld or not upheld.

If your appeal is upheld, and there is therefore deemed to be a ‘case to answer’, the information provided in your complaint (and any additional information provided in your appeal) will be reviewed by the Help at Work team under the _SIEGUS® Disciplinary Policy and the person you have made a complaint about (if they are an employee) will be invited to a disciplinary hearing under that notice, to discuss the matter. For confidentiality reasons, we will be unable to inform you of the outcome of that process; however you will be advised when that process has come to an end.

If your appeal is not upheld, there is no further right of appeal.

CONFIDENTIALITY

Confidentiality is an important part of the application of this guideline and we will respect and maintain your confidentiality where possible. We will also remind anyone involved in your complaint about their responsibilities to maintain confidentiality.

There may be instances where information you have submitted and/or which we have collated in relation to your complaint under this guideline may need to be disclosed:

• to other parties as part of any further stage or _SIEGUS® process that we consider appropriate to undertake; and

• in accordance with the Company's legal or reporting obligations.

By submitting information during any step of the processes outlined in this guideline, you agree to the disclosure of such information for the above purposes. Our Privacy Notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation 2016/679 (GDPR). If you require further details as to how your personal data is processed, we ask that you refer to this document, which is incorporated into this notice by reference. Additional information about how we use your personal information and how long we keep it for can be found in the Data Protection Handbook and our Corporate Retention Schedule.

It is your responsibility to familiarise yourself with the Company's data processing guidelines set out above. If you have any queries regarding the processing of data by _SIEGUS®, contact your supervisor.