Open Systems Intelligence

Policy

It is the intention of Open Systems Intelligence Ltd to treat all job applicants and Colleagues fairly and equally, regardless of their sex, transgender status, sexual orientation, religion or belief, marital status, age, race, colour, nationality, national origins, ethnic origin or disability. Furthermore, Open Systems Intelligence Ltd will monitor the composition of the workforce and introduce positive action if it appears that this policy is not fully effective.

Procedure

1. Open Systems Intelligence Ltd is an equal opportunity employer. Equal opportunity is about good employment practices and efficient use of our most valuable asset, our Colleagues. Every manager and Colleague has personal responsibility for the implementation of the policy. Any instance of doubt about the application of the policy, or other questions, should be addressed to the HR Manager, as should any requests for special training.

    

2. Open Systems Intelligence Ltd will not discriminate on grounds of sex, trans­gender status, sexual orientation, religion or belief, marital status, race, ethnic origin, colour, nationality, national origins, disability or other grounds of discrimination not yet prohibited by legislation such as age, etc.

    

3. The policy applies to the advertisement of jobs, recruitment and appointment to them, training, conditions of work, pay and to every other aspect of employment. The policy also applies equally to the treatment of our customers/clients.

    

4. Colleagues should note that the imposition of any provision, criterion or practice which has a disproportionate adverse impact on someone, on grounds of his or her sex, race, marital status, religion or belief, sexual orientation or disability will be unlawful unless it can be justified on grounds of business need. In the event of any query or doubt, the HR Manager should be consulted.

    

5. Colleagues who are disabled or become disabled in the course of their employment should inform Open Systems Intelligence Ltd about their disability and may also wish to advise Open Systems Intelligence Ltd of any “reasonable adjustments” to their job or working conditions or environment which to be necessary or which would assist them in the performance of their duties. Careful consideration will be given to any proposals and, where reasonable and reasonably practicable such adjustments will be made. There may however be circumstances where it will not be reasonable or reasonably practicable for Open Systems Intelligence Ltd to accommodate those proposals. If this is the case then the matter will be discussed with you.

    

    

6. Any member of staff may use the complaints/grievance procedure to complain about discriminatory conduct. If the matter relates to sexual or racial harassment or harassment on the basis of disability, sexual orientation or religion or belief, then the complaint must be raised directly with the HR department. Open Systems Intelligence Ltd is concerned to ensure that staff feel comfortable about raising such complaints. No individual will be penalised for raising such a complaint unless it is untrue and made in bad faith.

    

7. Where a Colleague is falsely accused of discriminatory conduct, then he or she can implement Open Systems Intelligence Ltd's grievance procedure. In this instance, the person who made the false accusation will be subjected to disciplinary action. In serious cases, such behaviour may be deemed to constitute gross misconduct and, as such, may result in summary dismissal in the absence of mitigating or extenuating circumstances.

    

8. All Colleagues will be asked to complete a form denoting their sex, race, ethnic origin, age, sexual orientation and any disabilities. Open Systems Intelligence Ltd guarantees that the information provided on this form will be used solely for the purpose of monitoring the effectiveness of its equal opportunities policy.

    

9. The composition of the workforce and of job applicants will be monitored on a regular basis. Should inequalities become apparent, positive action may, if appropriate, be taken to redress the imbalance, including such measures as:

1. advertising jobs in ethnic or female interest publications, as appropriate

2. introducing assertiveness training

3. introducing English language training

4. encouraging under-represented or disadvantaged groups to apply for employment or training

5. making contact with disabled people via the local Job Centre.

    

1. This policy will be monitored on a regular basis by the Board of Directors Where there are issues with the way the policy is working, these will be looked at closely with a view to identifying measures to improve the effectiveness of the policy.

 

Harassment Policy

Open Systems Intelligence Ltd deplores all forms of harassment and seeks to

ensure that the working environment is comfortable for all its Colleagues. The following

procedure informs Colleagues of the type of behaviour that is unacceptable and provides

Colleagues who are the victims of harassment with a means of redress. Harassment on

the ground of sex, sexual orientation, race, colour, nationality, ethnic or national origins,

religion or belief, marital status, disability, age or on any other grounds, is unacceptable.

Implementation of the policy is the duty of all managers and supervisors. All Colleagues

are expected to comply.

Procedure

Sexual harassment at work is unlawful, and both Open Systems Intelligence Ltd and the

harasser may be held liable for such unlawful actions, and be required to pay

compensation to the person who has suffered the harassment. Sexual harassment can

reduce the effectiveness of Open Systems Intelligence Ltd by creating a threatening

environment, and increasing sickness absence and labour turnover. Women and men have the right to work in an environment free from all forms of sexual harassment and sexist behaviour.

Racial harassment at work is also unlawful and as with sexual harassment both the Group and the harasser may be held liable. It also creates a threatening environment and all staff have the right to work in an atmosphere free from racial harassment and racist behaviour. Intentional racial or sexual harassment may also be a criminal offence punishable by imprisonment or a fine. Over and above sexual and racial harassment, harassment for reasons connected with sexual orientation, religion, belief or on grounds of an individual’s disability will be considered unlawful.

Examples of Harassment

1. Sexual harassment takes many forms, from relatively mild sexual banter to actual physical violence. Colleagues may not always realise that their behaviour constitutes sexual harassment but they must recognise that what is acceptable to one person may not be acceptable to another. Sexual harassment is unwanted behaviour of a sexual nature by one Colleague towards another.

Examples of harassment include:

1. insensitive jokes and pranks that are sexual or sexist

2. lewd comments about appearance

3. unnecessary body contact

4. displays of sexually offensive material, e.g. pin-ups, emails with offensive attachments

5. requests for sexual favours

6. speculation about a person’s private life and sexual activities

7. threatened or actual sexual violence

8. threat of dismissal, loss of promotion, etc. for refusal of sexual favours. 

1. Racial harassment can also take many forms; from relatively minor abuse to actual physical violence.

    
   Examples of harassment include:

   1. insensitive jokes related to race

   2. pranks perpetrated on racial grounds

   3. deliberate exclusion from conversations on racial grounds

   4. abusive, threatening or insulting words and behaviour on racial grounds

   5. displaying racially abusive writing or pictures.

1. Harassment relating to sexual orientation could take many forms, including:

    

   1. insensitive jokes relating to sexual orientation

   2. displays of sexually offensive material relating to sexual orientation, e.g. emails with offensive attachments

   3. pranks perpetrated on grounds of a person being gay or lesbians

   4. speculation about a person’s private life and sexual activities.

       

2. Harassment relating to religion or belief could take many forms, including:

    

   1. insensitive jokes or pranks linked to religion or belief

   2. abusive, threatening or insulting words or behaviour on grounds of religion or belief

   3. displaying writing or pictures that are abusive towards a particular religion.

       

The examples above are not exhaustive. Some of the types of behaviour listed above may, after investigation, be obvious examples of gross misconduct, punishable by summary dismissal, but other forms of behaviour may also constitute gross misconduct depending on the circumstances of the case in question. If in doubt refrain from entering into a potential unacceptable situation and seek advice from the HR department.

The Environment

1. Open Systems Intelligence Ltd prohibits the display of sexually offensive material, e.g. pin-ups and posters, and will if necessary ensure that workplaces are inspected and offending material removed. This includes desktop/screen saver PC and lap top files.

    

2. All new Colleagues will be informed of Open Systems Intelligence Ltd's policy towards harassment at induction training, when it will be stressed that all complaints of harassment will be treated very seriously.

    

3. Open Systems Intelligence Ltd expects all managers and supervisors to ensure that this policy and procedure is adhered to at all times.

    

    

4. Open Systems Intelligence Ltd recognises the sensitive nature of complaints of sexual harassment. All complaints should initially be directed to the HR Manager.

 

Informal Remedy

1. Colleagues who are victims of minor harassment are advised to make it clear to their harasser that the behaviour is unacceptable and must stop.

    

2. If a Colleague is unable to do this verbally then a written request (explaining the distress which the behaviour is causing) handed to the harasser may be effective.

    

3. The HR department can assist Colleagues in taking such action.

    

Formal Procedure

1. Where informal methods fail, or serious harassment occurs, Colleagues are advised to bring a formal complaint, and should seek assistance, as above, in doing so. The complaint should be made in writing, and where possible, state:

    

   1. the name of the harasser

   2. the nature of the harassment

   3. dates and times when harassment occurred

   4. names of witnesses to any incidents of harassment

   5. any action already taken by the complainant to stop the harassment. The complaint should be sent, in confidence, to the HR Manager.

       

2. Immediately after complaint of harassment has been received, (if necessary) action will be taken to separate the harasser from the complainant; this may involve temporary transfer of the harasser to another department, or suspension with pay until the complaint has been resolved.

1. The senior manager handling the complaint will carry out a thorough investigation as quickly as possible, maintaining confidentiality at all times. All Colleagues involved in the investigation are expected to respect the need for confidentiality. Failure to to so will be considered a disciplinary offence.

    

2. Copies of statements made by witnesses will be made available to the harasser and the complainant. Witnesses will be encouraged to appear at the complaint hearing if requested by either party. It is acknowledged that some witnesses may be reluctant to do so. In these circumstances the manager will, if necessary, adjourn the hearing to ask supplementary questions of witnesses in private.

1. Colleagues complained against may be accompanied by any colleague of his or her choice or by a trade union official through out the investigation procedure.

 

1. The complainant may be accompanied by a full time official of his or her union or alternatively accompanied by any colleague of his or her choice.

    

1. The Colleague accused of harassment will be afforded a full and fail opportunity to defend or explain his or her actions at a hearing, in accordance with Open Systems Intelligence Ltd's disciplinary procedure. The right to be accompanied by a colleague or a trade union official will also apply.

1. The severity of the penalty imposed upon a Colleague found guilty of harassment will be consistent with those detailed in the disciplinary procedure (e.g. serious sexual harassment will normally result in summary dismissal). Where a lesser penalty is appropriate (e.g. a written warning) this may be coupled with action to ensure that the victim is able to continue working without embarrassment or anxiety. After discussion with the victim, the manager may order the transfer of the harasser to a different work area, or arrange for the amendment of working practices to minimise contact between the two Colleagues. If the victim so wishes his or her own transfer will be arranged, subject to practical limitations. The result of the investigation and hearing will be confirmed in writing to both Colleagues.

1. If the complainant is not satisfied about the way his or her complaint has been handled, he or she may ask for an appeal hearing to be heard by a member of the Open Systems Intelligence Ltd board of directors. If it is not practical for the appeal to be heard by a member of the board then a member of senior management not involved in the original decision will be asked to lead the appeal hearing. Requests for reconsideration of the complaint should be made within 7 days of receiving written confirmation of the outcome of the initial investigation. The decision of this appeal hearing will be sent, in writing, to both parties and will be final.

1. A Colleague who receives a warning or is dismissed for harassment may appeal against the penalty in accordance with Open Systems Intelligence Ltd's appeals procedure.

1. A Colleague who brings a complaint of harassment will not suffer victimisation for having brought the complaint. However if the complaint is untrue and has been brought in bad faith (e.g. out of spite), disciplinary action will be taken.

Policy last updated on: 18/04/2008