Sexual Harassment

All members of staff are entitled to be treated with dignity and respect in our place of work. This means freedom from sexual harassment, feeling safe and supported, and having access to redress if such behaviour does arise.

A) INTRODUCTION

  1. All members of staff are entitled to be treated with dignity and respect in our place of work. This means freedom from sexual harassment, feeling safe and supported, and having access to redress if such behaviour does arise.

2) Sexual harassment takes many forms but whatever form it takes, it is unlawful under the Equality Act 2010 as amended. We will not tolerate it.

3) The law requires employers to take reasonable steps to prevent sexual harassment of their workers. We take action to prevent sexual harassment from occurring and have clear reporting procedures for our staff to make a complaint about sexual harassment. If you have been sexually harassed, or you have witnessed sexual harassment, we encourage you to tell us so that we can deal with the matter swiftly.

4) Pro Environmental has overall responsibility for the operation of this policy but may delegate elements of implementation or decision making to the HR Department. Our managers will maintain an open door policy. All of our staff have a responsibility to behave in line with the requirements of this policy.

5) Instances of sexual harassment or victimisation may lead to disciplinary action including termination of employment.

6) This policy is reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness. Any changes required will be implemented and communicated to our workforce.

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B) SCOPE

We deplore all forms of sexual harassment and seek to ensure that the working environment is safe and supportive to all those who work for us. This includes employees, workers, agency workers, volunteers and contractors in all areas of our Company, including any overseas sites.

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C) DEFINITIONS

  1. 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 for that person. It also covers treating someone less favourably because they have submitted to or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex.

2) Sexual harassment may be committed by a fellow worker, an agent of an organisation, or a third party. It does not need to occur in person. It can occur via digital means including social media sites or channels e.g. Whatsapp. Someone may be sexually harassed even if they were not the target of the behaviour. Examples of sexual harassment include, but are not limited to:

  1. sexual comments or jokes, which may be referred to as ‘banter’
  2. displaying sexually graphic pictures, posters or photos
  3. suggestive looks, staring or leering
  4. propositions and sexual advances
  5. making promises in return for sexual favours
  6. sexual gestures
  1. intrusive questions about a person’s private or sex life or a person discussing their own sex life
  2. sexual posts or contact in online communications including on social media
  3. spreading sexual rumours about a person
  4. sending sexually explicit emails, text messages or messages via other social media
  5. unwelcome touching, hugging, massaging or kissing

3) Victimisation is subjecting someone to detriment because they have done, are suspected of doing, or intend to do an act which is protected under discrimination and harassment laws. It is not necessary for the person to have done the protected act in order for detrimental treatment to be considered as victimisation.

4) The protected acts are:

  1. making a claim or complaint under the Equality Act 2010 (for example, for discrimination or harassment)
  2. helping someone else to make a claim by giving evidence or information in connection with proceedings under the Equality Act 2010
  3. making an allegation that someone has breached the Equality Act 2010, or
  4. doing anything else in connection with the Equality Act 2010

5) Examples of victimisation may include:

  1. Failing to consider someone for promotion because they have previously made a sexual harassment complaint
  2. Dismissing someone because they accompanied a colleague to a meeting about a sexual harassment complaint
  3. Excluding someone from work meetings because they gave evidence as a witness for another employee as part of an employment tribunal claim about harassment.

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D) CIRCUMSTANCES WHICH ARE COVERED

This policy covers behaviour which occurs in the following situations:

  1. a work situation
  2. a situation occurring outside of the normal workplace or normal working hours which is related to work, for example, a working lunch, a business trip or social functions
  3. outside of a work situation but involving a colleague or other person connected to the Company, including on social media
  4. against anyone outside of a work situation where the incident is relevant to your suitability to carry out the role.
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E) WHAT TO DO IF YOU ARE SUBJECT TO SEXUAL HARASSMENT OR VICTIMISATION

  1. We are committed to ensuring that there is no sexual harassment or victimisation in our workplace. Allegations of sexual harassment and victimisation will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of our disciplinary procedures, a copy of which is available from the HR Department.

2) Informal complaint

We recognise that complaints of sexual harassment or victimisation can be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. In these circumstances you are encouraged to raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper. This colleague of choice must liaise with the HR department. This

person cannot be the same person who will be responsible for investigating the matter if it becomes a formal complaint.

3) If you experience sexual harassment and you feel comfortable to do so, you should make it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If you feel unable to do this verbally then you should hand a written request to the harasser, and your confidential helper can assist you in this.

4) In addition, you may also choose to raise concerns during your regular communication with your manager, for example, in a 1-2-1 meeting. Your manager will listen to you and take your concerns seriously if you do this, but may encourage you to follow the reporting procedures set out below.

5) Formal complaint

Where the informal approach fails or you do not wish to use the informal procedure, you should bring the matter to the attention of the Operations Manager as a formal written complaint and again your confidential helper can assist you in this. Alternatively, you can report instances by emailing or by visiting the HR Department.

If possible, you should keep notes of what happened so that the written complaint can include:

  1. the name of the alleged harasser;
  1. the nature of the alleged harassment;
  1. the dates and times when the alleged harassment occurred;
  1. the names of any witnesses; and
  1. any action already taken by you to stop the alleged harassment.

6) On receipt of a formal complaint, we will take action to separate you from the alleged harasser to enable an uninterrupted investigation to take place. This may involve a temporary transfer of the alleged harasser to another work area or suspension with contractual pay until the matter has been resolved.

7) The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. The meeting will normally be held within five working days of receipt of your complaint. You have the right to be accompanied at such a meeting by your confidential helper or another work colleague of your choice and you must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence may be dealt with under the disciplinary procedure.

8) On conclusion of the investigation, which will normally be within ten working days of the meeting with you, the decision of the investigator, detailing the findings, will be sent in writing to you.

9) You have the right to appeal against the findings of the investigator. If you wish to appeal you must inform Chief Operations Officer within five working days. You will then be invited to a further meeting. As far as reasonably practicable, the Company will be represented by a more Senior Manager than attended the first meeting (unless the most Senior Manager attended that meeting).

10) Following the appeal meeting, you will be informed of the final decision, normally within ten working days, which will be confirmed in writing.

11) Regardless of the outcome of the procedure, we are committed to providing the support you may need. This may involve mediation between you and the other party or some other measure to manage the ongoing working relationship.

12) You will not be victimised for having brought a complaint.

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F) WHAT TO DO IF YOU WITNESS SEXUAL HARASSMENT OR VICTIMISATION

  1. If you witness sexual harassment or victimisation, you are encouraged to take action appropriate action to address it. You should not take any action that may put you at risk of sexual harassment or other harm. If you feel able, you should intervene to prevent the matter continuing. If you are not able to do this, your action may include offering support to the person who has been sexually harassed and encouraging them to report the incident or reporting the incident yourself.

2) If reporting the incident, you should bring the matter to the attention of the Operations Manager in writing. Alternatively, you can report instances of sexual harassment by emailing or by visiting the HR Department.

3) Your concerns will be handled by the Operations Manager who will sensitively talk to the person subject to sexual harassment to determine how they want the matter to be handled.

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G) THIRD-PARTY SEXUAL HARASSMENT

  1. Third-party sexual harassment occurs when one of our workforce is subjected to sexual harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our customers, suppliers, members of the public, contractors, clients.

2) Third-party sexual harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties.

3) The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone. However, failure for an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claim.

4) In order to prevent third-party sexual harassment from occurring, we will:

THE FOLLOWING ARE EXAMPLES AND SHOULD BE AMENDED TO REFLECT YOUR ORGANISATION

  1. attach signage to the walls of the areas within the workplace where customers are present to warn that sexual harassment of our staff is not acceptable
  2. inform third-parties i.e. suppliers of our zero-tolerance sexual harassment policy within our supplier documentation

5) If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to the Operations Manager. Alternatively, you can report instances of third-party sexual harassment by emailing or by visiting the HR Department.

6) Should a customer sexually harass a member of our workforce any criminal acts will be reported to the police.

7) We will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment of this kind may lead to disciplinary action including termination of employment

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H) DISCIPLINARY ACTION

1) If the decision is that the allegation of sexual harassment or victimisation is well founded, the harasser/victimiser will be liable to disciplinary action in accordance with our disciplinary procedure up to and including summary dismissal. An employee who receives a formal warning or who is dismissed for sexual harassment/victimisation may appeal by using our disciplinary appeal procedure.

2) When deciding on the level of disciplinary sanction to be applied, we will take into consideration any aggravating factors affecting the case. One example of aggravating factors is an abuse of power over a more junior colleague.

3) If, due to the investigation, it is concluded that your complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.

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I) TRAINING

  1. We provide training to all our staff on sexual harassment to ensure there is a clear understanding of, amongst other things, what sexual harassment is and how it may occur, that it will not be tolerated, expected levels of behaviour, how they can report any incidents of having been sexually harassed or having witnessed it and that acts of harassment will be dealt with under the disciplinary procedure potentially resulting in dismissal.

2) We ensure that all levels of management are trained on implementing this policy including preventing and managing sexual harassment in the workplace, and the procedure to follow if an allegation is reported.

3) We will regularly review the effectiveness of our training.

4) We provide refresher training as appropriate.

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J) EMPLOYEE ASSISTANCE PROGRAMME

  1. We would like to remind you that further support is available by contacting our Employee Assistance Programme, a confidential 24-hour telephone counselling service, which can be accessed on www.wisdom.healthassured.org

2) As part of our Employee Assistance Programme, you also have access to an online wellbeing tool, Wisdom AI, which you can use to find fast answers to any wellbeing questions you have. You can access Wisdom AI at any time via the Health Assured portal. The link in the menu bar will take you directly to the Wisdom AI homepage, where you can ask your question

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A) INTRODUCTION

We may have to collect and use information about people with whom we work. This personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means.

We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business. We will ensure that we treat personal information lawfully and correctly.

To this end we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).

This policy applies to the processing of personal data in manual and electronic records kept by us in connection with our human resources function as described below. It also covers our response to any data breach and other rights under the GDPR.

This policy applies to the personal data of job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors. These are referred to in this policy as relevant individuals.

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B) DEFINITIONS

“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.

“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).

“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.

“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

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C) DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

processing will be fair, lawful and transparent

  1. data be collected for specific, explicit, and legitimate purposes
  2. data collected will be adequate, relevant and limited to what is necessary for the purposes of processing
  3. data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
  4. data is not kept for longer than is necessary for its given purpose
  5. data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
  6. we will comply with the relevant GDPR procedures for international transferring of personal data.
D) TYPES OF DATA HELD

We keep several categories of personal data on our employees in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each employee and we also hold the data within our computer systems, for example, our holiday booking system.

Specifically, we hold the following types of data:

  1. personal details such as name, address, phone numbers
  2. information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter, references from former employers, details on your education and employment history etc
  3. details relating to pay administration such as National Insurance numbers, bank account details and tax codes
  4. medical or health information
  5. information relating to your employment with us, including:
  1. job title and job descriptions
  2. your salary
  3. your wider terms and conditions of employment
  4. details of formal and informal proceedings involving you such as letters of concern, disciplinary and grievance proceedings, your annual leave records, appraisal and performance information
  5. internal and external training modules undertaken

All of the above information is required for our processing activities. More information on those processing activities are included in our privacy notice for employees, which is available from your manager.

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E) EMPLOYEE RIGHTS

You have the following rights in relation to the personal data we hold on you:

  1. the right to be informed about the data we hold on you and what we do with it;
  2. the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on “Subject Access Requests”;
  3. the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
  4. the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
  5. the right to restrict the processing of the data;
  6. the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
  7. the right to object to the inclusion of any information;
  8. the right to regulate any automated decision-making and profiling of personal data.

More information can be found on each of these rights in our separate policy on employee rights under GDPR.

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F) RESPONSIBILITIES

In order to protect the personal data of relevant individuals, those within our business who must process data as part of their role have been made aware of our policies on data protection.

We have also appointed employees with responsibility for reviewing and auditing our data protection systems.

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G) LAWFUL BASES OF PROCESSING

We acknowledge that processing may only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.

Where no other lawful basis applies, we may seek to rely on the employee’s consent in order to process data.

However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Employees will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.

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H) ACCESS TO DATA

As stated above, employees have a right to access the personal data that we hold on them. To exercise this right, employees should make a Subject Access Request. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.

No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request. In these circumstances, a reasonable charge will be applied.

Further information on making a subject access request is contained in our Subject Access Request policy.

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I) DATA DISCLOSURES
  1. any employee benefits operated by third parties;
  2. disabled individuals - whether any reasonable adjustments are required to assist them at work;
  3. individuals’ health data - to comply with health and safety or occupational health obligations towards the employee;
  4. for Statutory Sick Pay purposes;
  5. HR management and administration - to consider how an individual’s health affects his or her ability to do their job;
  6. the smooth operation of any employee insurance policies or pension plans;
  7. to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty.

The Company may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:

These kinds of disclosures will only be made when strictly necessary for the purpose.

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J) DATA SECURITY

All our employees are aware that hard copy personal information should be kept in a locked filing cabinet, drawer, or safe.

Employees are aware of their roles and responsibilities when their role involves the processing of data. All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and to ensure that screen locks are implemented on all PCs, laptops etc when unattended. No files or written information of a confidential nature are to be left where they can be read by unauthorised people.

Where data is computerised, it should be coded, encrypted or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.

Employees must always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them.

Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received. Where personal data is recorded on any such device it should be protected by:

  1. ensuring that data is recorded on such devices only where absolutely necessary.
  2. using an encrypted system — a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted.
  3. ensuring that laptops or USB drives are not left where they can be stolen.

Failure to follow the Company’s rules on data security may be dealt with via the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.

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K) THIRD PARTY PROCESSING

Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data.

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L) REQUIREMENT TO NOTIFY BREACHES

All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.

More information on breach notification is available in our Breach Notification policy.

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M) TRAINING

New employees must read and understand the policies on data protection as part of their induction.

All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.

The nominated data controller/auditors/protection officers for the Company are trained appropriately in their roles under the GDPR.

All employees who need to use the computer system are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and the Company of any potential lapses and breaches of the Company’s policies and procedures.

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N) RECORDS

The Company keeps records of its processing activities including the purpose for the processing and retention periods in its HR Data Record. These records will be kept up to date so that they reflect current processing activities.

A) ORGANISATION

This statement applies to Pro Environmental Ltd (referred to in this statement as ‘the Company’).

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B) COMPANY STRUCTURE

All based on one UK site - Hollinwood Lane, Calverton, Nottingham, NG14 6NR. The Company processes household plastic packaging. Demand for our product is consistently high throughout the year and is therefore not seasonal.

The labour supplied to the Company in pursuance of its operation is carried out in wholly in the United Kingdom within the East Midlands region.

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C) DEFINITIONS

The Company considers that modern slavery encompasses:

  • Human trafficking;
  • Forced work, through mental or physical threat;
  • Being owned or controlled by an employer through mental or physical abuse of the threat of abuse;
  • Being dehumanised, treated as a commodity or being bought or sold as property;
  • Being physically constrained or to have restriction placed on freedom of movement.

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D) COMMITMENT

The Company acknowledges its responsibilities in relation to tackling modern slavery and commits to complying with the provisions in the Modern Slavery Act 2015. The Company understands that this requires an ongoing review of both its internal practices in relation to its labour force and, additionally, its supply chains.

The Company does not enter into business with any other organisation, in the United Kingdom or abroad, which knowingly supports or is found to involve itself in slavery, servitude and forced or compulsory labour.

No labour provided to the Company in the pursuance of the provision of its own services is obtained by means of slavery or human trafficking. The Company strictly adheres to the minimum standards required in relation to its responsibilities under relevant employment legislation in the United Kingdom.

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E) SUPPLY CHAINS

In order to fulfil its activities, the Company’s main supply chains include those related to the supply of processed of recycled waste products from the UK & Europe suppliers.

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F) POTENTIAL EXPOSURE

The Company considers its main exposure to the risk of slavery and human trafficking to exist where we don’t audit our tier 2 suppliers.

In general, the Company considers its exposure to slavery/human trafficking to be relatively limited. Nonetheless, it has taken steps to ensure that such practices do not take place in its business nor the business of any organisation that supplies goods and/or services to it.

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G) STEPS

The Company carries out due diligence processes in relation to ensuring slavery and/or human trafficking does not take place in its organisation or supply chains, including conducting a review of the controls of its suppliers.

The Company has not, to its knowledge, conducted any business with another company which has been found to have involved itself with modern slavery.

In accordance with section 54(4) of the Modern Slavery Act 2015, the Company has taken the following steps to ensure that modern slavery is not taking place:

  • Our recruitment and people management processes are designed to ensure that all prospective employees are legally entitled to work in the UK and to safeguard employees from any abuse or coercion.
  • We do not enter business with any organisation, in the UK or abroad, which knowingly supports or is found to be involved in slavery, servitude and forced or compulsory labour.
  • We will continue to embed the principles through providing awareness training to staff on the Modern Slavery Act 2015 and informing them of the appropriate action to take if they suspect a case of slavery or human trafficking ensuring that consideration of the modern slavery risks and prevention.

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H) KEY PERFORMANCE INDICATORS

The Company has set the following key performance indicators to measure its effectiveness in ensuring modern slavery is not taking place in the Company or its supply chains.

  • Audits on our Agency Recruitment supply
  • Proof of Eligibility to work in the UK checks completed and recorded for every employee

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I) POLICIES

The Company has the following policies which further define its stance on modern slavery:

  • Recruitment Policy
  • Corporate Social Responsibility Policy

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J) TRAINING

The Company provides the following training to staff to effectively implement its stance on modern slavery:

  • Induction Training.

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K) SLAVERY COMPLIANCE OFFICER

The Company has a Slavery Compliance Officer, to whom all concerns regarding modern slavery should be addressed, and who will then undertake relevant action with regard to the Company obligations in this regard.

This statement is made in pursuance of Section 54(1) of the Modern Slavery Act 2015 and will be reviewed for each financial year.

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April 2024

Slavery Compliance Officer

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