Harassment and bullying can have very serious consequences for individuals and the organisation. Harassment or bullying may make people unhappy, may cause them stress and affect their health and family and social relationships, may affect their work performance, and could cause them to leave their job. Harassment and bullying can even lead to mental illness and suicide. Effects on the organisation can include loss of morale, poor work performance, increased staff turnover, legal claims, and damage to our reputation. Employees who harass or bully others will face disciplinary action, up to and including dismissal, could be personally liable to pay compensation in legal claims, and may find their own family and social relationships are adversely affected. Serious harassment may be a criminal offence. 

TWMA will not tolerate bullying and harassment of any kind. The Company will take active steps to help prevent the bullying, harassment and victimisation of all staff. Anyone who is a victim of, or witness to, bullying or harassment is encouraged to report it in accordance with this policy. All allegations of bullying and harassment will be investigated and, if appropriate, disciplinary action will be taken. We will also not tolerate a person being victimised for making allegations of bullying or harassment in good faith or supporting someone to make such a complaint. Victimisation is a disciplinary offence. The Company will ensure that this policy and all relevant practices are kept under review to ensure their effectiveness.

This policy applies to all persons working for TWMA Limited and all affiliated Global Companies or on our behalf in any capacity, including employees at all levels, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives, and business partners.

This policy covers bullying and harassment of and by managers, employees, former employees, contractors, agency staff and anyone else we engage to work for us. If the complainant or alleged harasser is not employed by us, (for example if the worker's contract is with an agency), we will apply this policy with any necessary modifications. This could mean that we require the agency to remove the worker, if appropriate. The policy covers bullying and harassment at work and in any work-related setting outside the workplace or outside working hours (e.g. business trips and work-related social events). Bullying and harassment can be in person or online. Harassment and bullying online can be via email, instant messaging, text, video calls, and posting/ tagging comments on social media (including personal social media accounts).

This policy also applies to bullying or harassment by third parties.

This policy does not form part of any employee's contract of employment, and we may amend it at any time.

We are committed to taking proactive measures to prevent all forms of bullying and harassment, including sexual harassment, of our workers by

• ensuring all new starters complete equality, diversity and inclusion training and anti-bullying and anti-harassment training, as part of their onboarding programme;
• requiring all employees to attend regular equality, diversity and inclusion training and anti-bullying and anti-harassment training on at least an annual basis;
• providing additional training for line managers to ensure that they understand how to implement this policy effectively and their role in preventing and stopping bullying and harassment from occurring in
  the workplace;
• monitoring our workplace culture through anonymous surveys, exit interviews, one-to-one conversations and return-to-work meetings to identify and address any issues;
• undertaking regular risk assessments to determine reasonable measures that can be implemented to minimise the risk of exposure to sexual harassment in the workplace; and
• ensuring that our zero-tolerance approach to all forms of discrimination, and bullying and harassment, is communicated to all workers.

We believe that a culture of equality, diversity and inclusion not only benefits our organisation but supports wellbeing and enables our people to work better because they can be themselves and feel that they belong.

We are committed to providing a safe and respectful workplace and promoting a working environment based on dignity and trust, and one that is free from discrimination, harassment, bullying or victimisation.

A toxic workplace culture, where bullying or harassment is tolerated, is harmful to the wellbeing of the workforce as well as the wider organisation.
We therefore adopt a zero-tolerance approach to instances of bullying or harassment.

We expect you, and every one of our people, to take personal responsibility for observing, upholding, promoting and applying this policy. Whatever your job is, this is part of your role.

Any dealings you have with third parties, including customers, suppliers, contractors, agency staff and consultants, must be free from discrimination, harassment, victimisation or bullying.

We expect you, and every one of our people, to take personal responsibility for observing, upholding, promoting and applying this policy. Whatever your job is, this is part of your role.

Any dealings you have with third parties, including customers, suppliers, contractors, agency staff and consultants, must be free from discrimination, harassment, victimisation or bullying.

The CEO and Executive Leadership Team has overall responsibility for the effective operation of this policy but has delegated day-to-day responsibility for overseeing its implementation to the Group HR Manager.

All Managers have a specific responsibility to operate within the boundaries of this policy, to ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below its requirements.

Employees should disclose any instances of harassment or bullying of which they become aware to their line manager. Where the instance is against the line manager, the matter should be raised with a more senior manager or local HR representative. Questions about this policy and requests for training or information on dealing with bullying or harassment should be directed to your local HR representative.

The HR department has responsibility for ensuring that any person who may be involved with investigations or administrative tasks carried out under this policy receive regular and appropriate training to assist them with these duties.

• Protection from Harassment Act 1997
• The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
• Equality Act 2010
• Data Protection Act 2018
• General Data Protection Regulation (2016/679 EU)
• UAE Labour law – Federal Decree-Law (33) of 2021 (Article 4 & 14)
• Worker Protection (Amendment of Equality Act 2010) Act 2023

Harassment is any unwanted physical, verbal, or non-verbal conduct that:

• has the purpose of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person; or
• is reasonably considered by that person to have the effect of violating their dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them, even if this effect was
  not intended by the person responsible for the conduct.

It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.

Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex, or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories. Harassment may include, but is not limited to:

1.  unwanted physical conduct or “horseplay” including touching, pinching, pushing and grabbing;
2. continued suggestions for social activity after it has been made clear that such suggestions are unwelcome;
3. sending or displaying material that is pornographic or that some people may find offensive (including emails, text messages, video clips and images sent by mobile phone or posted on the internet);
4. unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless);
5. racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group or gender;
6. outing or threatening to out someone for their same-sex sexual orientation;
7. offensive e-mails, text messages or social media content; or
8. mocking, mimicking, or belittling a person’s disability.

A person may be harassed even if they were not the intended “target”. For example, a person may be harassed by racist jokes about a different ethnic group if the jokes create an offensive environment.

Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a "joke" may offend another person. Different people find different things acceptable. Everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. Behaviour that any reasonable person would realise would be likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to them, e.g. sexual touching. It may not be so clear that some other forms of behaviour would be unwelcome to, or could offend, another person, e.g., certain "banter", flirting or asking someone for a private drink after work. In these cases, first-time conduct that unintentionally causes offence will not be harassment, but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that the behaviour is unacceptable to them.

Harassment may be sexual in nature. Sexual harassment can be defined as:

• conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment; and
• less favourable treatment related to sex or gender reassignment that occurs because of a rejection of,
  or submission to, sexual conduct.

Sexual harassment can occur in many forms. While this is not an exhaustive list, examples include:

• physical conduct of a sexual nature, unwelcome physical contact or intimidation;
• persistent suggestions to meet up socially after a person has made clear that they do not welcome such
  suggestions;
• showing or sending offensive or pornographic material by any means (e.g., by text, video clip, email or
  by posting on the internet or social media);
• unwelcome sexual advances, propositions, suggestive remarks, or gender-related insults;
• offensive comments about appearance or dress, innuendo or lewd comments;
• leering, whistling, or making sexually suggestive gestures; and
• gossip and speculation about someone's sexual orientation or transgender status, including spreading
  malicious rumours.

Third-party harassment occurs where a person is harassed or sexually harassed by someone who does not work for, and who is not an agent of, the same employer, but with whom they have come into contact during the course of their employment. Third-party harassment could include, for example, unwelcome sexual advances from a client, customer or supplier visiting the employer's premises, or where a person is visiting a client, customer or supplier's premises or other location in the course of their employment.

• Third-party sexual harassment can result in legal liability and will not be tolerated. All staff are
  encouraged to report any third-party harassment they are a victim of, or witness, in accordance with
  this policy.
• Any sexual harassment by a member of staff against a third party may lead to disciplinary action up to
  and including dismissal.
• We will take active steps to try to prevent third-party sexual harassment of staff.
• If any third-party harassment of staff occurs, we will take steps to remedy any complaints and to prevent it happening again. These may include warning the harasser about their behaviour, banning them from our premises, reporting any criminal acts to the police, and sharing information with other branches of the business.

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority but can include both personal strength and the power to coerce through fear or intimidation.

Bullying can take the form of physical, verbal and non-verbal conduct. Examples of bullying behaviour include (but are not limited to): physical conduct ranging from unwelcome touching or sexual advances to serious assault;

• the offer of rewards for going along with sexual advances, e.g., promotion, access to training;
• threats for rejecting sexual advances, e.g., suggestions that refusing advances will adversely affect the employee's employment, evaluation, pay, advancement, assigned work, or any other aspect of
  employment or career development;
• sending unwanted messages of a sexual nature ("sexting") or sending or posting inappropriate images of themselves;
• demeaning comments about a person's appearance;
• unwelcome jokes or comments of a sexual or racial nature or about a person's age, disability, sexual orientation or religion or online sharing of such jokes or comments;
• asking questions or making comments that may indicate a bias (often referred to as micro-aggressions),
• questions about a person's sex life;unwanted nicknames related to a person's age, race or disability;
• the use of obscene gestures or sending or posting inappropriate images of themselves;
• treating a person differently because they are associated or connected with someone with a protected
  characteristic;
• treating a person differently because they are perceived to have a protected characteristic when they
  do not, in fact, have the protected characteristic;
• the open display of pictures or objects with sexual or racial overtones, even if not directed at any
  particular person, e.g., magazines or calendars;
• posting or sharing of images or videos with sexual or racial overtones, on social media accounts,
  including personal social media accounts if shared with colleagues;
• spreading malicious rumours or insulting someone;
• picking on someone or setting them up to fail;
• making threats or comments about someone's job security without good reason;
• ridiculing someone;
• excessive remote monitoring;
• isolation or non-cooperation at work (for example unjustifiably leaving someone out from remote meetings); and
• excluding someone from social activities.

Legitimate, reasonable, and constructive criticism of a worker’s performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.

Microaggressions - sometimes called micro-incivilities - are statements, actions, or incidents that are regarded as indirect, subtle, or unintentional discrimination against members of a marginalised group such as a racial or ethnic minority. They are sometimes referred to as "death by a thousand cuts". Microaggressions generally take one of three forms:

• Micro-assaults: Conscious and obvious insults made verbally or non-verbally to a marginalised
  individual or group, for example directing limp-wristed hand gestures towards a gay colleague and
  saying "It's just a joke".
• Micro-insults: Unintentionally insensitive remarks or assumptions based on stereotypes, for
  example saying to a person with a disability "You don't look disabled to me".
• Micro-invalidations: Where a person denies, or seeks to cancel, the feelings and lived experiences of a marginalised individual or group, for example a white person saying "I don't think the UK has a problem with racism - some people are just too sensitive"

Serious microaggressions can amount to unlawful harassment, bullying or discrimination but even less serious microaggressions can negatively impact the health and wellbeing of the person experiencing them.

We all have a responsibility to create and maintain a work environment and working lives that are free of bullying, harassment, and victimisation, and to treat our colleagues with dignity and respect. You can help to do this by:
being aware of how your own behaviour may affect others and changing it, if necessary - you can still cause offence even if you are "only joking";

• ensuring that you pronounce and spell your colleagues' names correctly;
• using chosen pronouns;
• treating your colleagues with dignity and respect;
• taking a stand if you think inappropriate jokes or comments are being made;
• making it clear to others when you find their behaviour unacceptable;
• intervening, if possible, to stop harassment or bullying and giving support to anyone who may have been
  harassed or bullied;
• reporting harassment or bullying to your manager or human resources and co-operating in
  investigations; and
• if a complaint of harassment or bullying is made, not prejudging or victimising the complainant or alleged harasser. Managers have a particular responsibility to:
• set a good example by their own behaviour;
• ensure that staff feel supported;
• make sure that staff know what standards of behaviour are expected of them;
• intervene to stop bullying or harassment; and
• report promptly to human resources any complaint of bullying or harassment, or any incident of bullying or harassment witnessed by them.

If you are being harassed or bullied, 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 embarrassing, you should speak to your line manager or local HR representative, who can provide confidential advice and assistance in resolving the issue formally or informally. If you feel unable to speak to your line manager because the complaint concerns him or her, then you should speak informally to your local HR representative. If this does not resolve the issue, you should follow the formal procedure below.

If you are not certain whether an incident or series of incidents amounts to bullying or harassment, you should initially contact your line manager or local HR representative informally, for confidential advice.

If informal steps are not appropriate, or have been unsuccessful, you should follow the formal procedure set out below and refer to our Grievance Procedure.

If you wish to make a formal complaint about bullying or harassment, you should submit it in writing to your line manager, whose role is to achieve a solution, wherever possible, and to respect the confidentiality of all concerned. If the matter concerns that person, you should refer it to a more senior manager or your local HR representative.

Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, 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.

As a general principle, the decision whether to progress a complaint is up to you, however we have a duty to protect all staff and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.

Alternatively, if you do not wish to speak to anyone within TWMA, or wish to remain anonymous and do not wish to give your name, you can also use a confidential reporting service. TWMA are subscribers to the independent reporting service operated by Safecall. An individual can raise a complaint online or by telephone.

To raise a complaint, Safecall’s contact details are as follows:

Freephone:
UK 0800 915 1571
Norway 00 800 7233 2255
UAE 8000 441 3376
Egypt 0800 000 0059
USA 1 866 901 3295

The telephone hotline is open 24 hours a day, seven days a week, and offers a live translation service so that reports can be made in the caller’s native language.

Online Reporting by searching for the following webpage:
www.safecall.co.uk/en/file-a-report/

We will investigate complaints in a timely and confidential manner. Individuals not involved in the complaint, or the investigation should not be told about it. The investigation will be conducted by someone with
appropriate experience and no prior involvement in the complaint. The investigation should be thorough, impartial, and objective, and carried out with sensitivity and due respect for the rights of all parties concerned.

We will arrange a meeting with you so that you can give your account of events. You have the right to be accompanied by a colleague or a trade union representative of your choice (if applicable in the country/region), who must respect the confidentiality of the investigation.

The investigator will arrange further meetings with you as appropriate, throughout the investigation. Where your complaint is about an employee, we may consider suspending them on full pay (if applicable in the country/region) or making other temporary changes to working arrangements pending the outcome of the investigation, if circumstances require. The investigator will also meet with the alleged harasser or bully who may also be accompanied by a colleague or trade union representative of their choice (if applicable in the country/region) to hear their account of events. They have a right to be told the details of the allegations against them, so that they can respond.

Where your complaint is about someone other than an employee, such as a client, supplier, or visitor, we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate, we will attempt to discuss the matter with the third party.

We will also seriously consider any request that you make for changes to your own working arrangements during the investigation. For example, you may ask for changes to your duties or working hours so as to
avoid or minimise contact with the alleged harasser or bully.

It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. If so, the importance of confidentiality will be emphasised to them. At the end of the investigation, the investigator will submit a report to a senior manager nominated to consider the complaint. The senior manager will arrange a meeting with you in order to discuss the outcome and what action, if any, should be taken. You have the right to bring a colleague or a trade union representative to the meeting (if applicable in the country/region).

If the senior manager considers that harassment or bullying has occurred, prompt action will be taken to address it. Where the harasser or bully is an employee, the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure. If the harasser or bully is a third party, such as a client or other visitor, we will consider what action would be appropriate to deal with the problem, including a ban or referral to the police if necessary. Whether or not your complaint is upheld, we will consider how best to manage any ongoing working relationship between you and the person concerned. Aggravating factors, including abuse of power over a more junior employee will be taken in account when deciding what sanction if any is appropriate.

Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the person concerned.

It may be appropriate to arrange some form of mediation and/or counselling, or to change the duties, working location or reporting lines of one or both parties.

Any staff member who deliberately provides false information or otherwise acts in bad faith as part of an
investigation may be subject to action under our Disciplinary Procedure.

If you are not satisfied with the outcome, you may appeal in writing, stating your full grounds of appeal, within 7 working days of the date on which the decision was sent or given to you.

We will hold an appeal meeting after receiving your written appeal. This will be dealt as soon as reasonably practicable with impartially by a more senior manager, who has not previously been involved in the case, (although they may ask anyone previously involved to be present). You may bring a colleague or trade union representative to the meeting (if applicable in the country/region).

We will confirm our final decision in writing following the appeal hearing. This is the end of the procedure
and there is no further appeal.

Staff who make complaints or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or victimised someone in this
way will be subject to disciplinary action under our Disciplinary Procedure.

If you believe you have suffered any such treatment you should inform your line manager or local HR representative. If the matter is not remedied, you should raise it formally using our Grievance Procedure or this procedure, if appropriate.

We offer access to confidential counselling, which is available on request for anyone affected by, or accused of, bullying or harassment. The details can be obtained from your local HR representative.

Confidentiality is an important part of the procedure provided under this policy. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a “need to know” basis. Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure.

Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents compiled during
the process.

We understand that anyone affected by, or involved with, a complaint of bullying or harassment may feel anxious or upset and we will do what we can to support you.

If you feel you cannot continue to work in close contact with the alleged bully/harasser, we will consider seriously any requested changes to your working arrangements during our investigation into the matter.

Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If you feel you have suffered such victimisation, please
inform your line manager or a member of the HR team as soon as possible.

Regardless of the outcome of your complaint, we will consider carefully how to best approach any ongoing working relationship between you and the individual concerned.

When managing complaints, the Company processes personal data collected in accordance with its data protection policy. Data collected from the point at which the Company is notified of the allegation is held securely and accessed by, and disclosed to, individuals only for the purposes of investigating the complaint. Inappropriate access or disclosure of data constitutes a data breach and should be reported in accordance with the Company’s data protection policy immediately. It may also constitute a disciplinary offence, which will be dealt with under the Company’s disciplinary procedure.