Page 31 - ITM Employee Handbook September 2020

3.3 HARASSMENT AND SEXUAL HARRASSMENT

The Company fully supports the right of all employees to seek, obtain and hold employment without
discrimination. The Company is therefore committed to ensuring that the workplace is free from
sexual harassment, harassment and bullying. All employees should be aware of the provisions of this
policy.

Harassment is a form of discrimination. It is usually unlawful behaviour contrary to the Employment
Equality Acts, 1998-2015, or the Equal Status Act, 2000, and may also constitute Defamation at
Common Law, or under the Defamation Act, 1961 or Article 40.3.2 of the Constitution and it is also
improper and inappropriate behaviour, which lowers morale and interferes with work effectiveness.
Harassment will not be permitted or condoned within the working environment. Appropriate
disciplinary action, including dismissal for serious offences, will be taken against any person who
violates this policy.

3.3.1 Definition (Harassment)
Harassment is defined as any form of unwanted conduct related to a person's relevant characteristic
as defined by the Employment Equality Acts, 1998-2015 being conduct which has the purpose or effect
of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive
environment for the person.

3.3.2 Behaviour that may constitute harassment
Many forms of behaviour may constitute harassment including: -
• Verbal harassment - jokes, comments, ridicule or songs.

• Written harassment - including faxes, text messages, e-mails or notices.

• Physical harassment - jostling, shoving or any form of assault.
• Intimidatory harassment - gestures, posturing or threatening poses.

• Inappropriate use on on-line social media platforms and/or forums

• Visual display such as posters, emblems or badges or on-line content posted to social media
platforms
• Isolation or exclusion from social activities.

• Pressure to behave in a manner that the employee reasonably thinks is inappropriate, for
example, being required to dress in a manner unsuited to a person's ethnic or religious
background.

3.3.3 Definition (Sexual Harassment)
Sexual harassment is defined as unwanted verbal, non-verbal or physical conduct of a sexual nature
being conduct which has the purpose or effect of violating a person's dignity and creating an
intimidating, hostile, degrading, humiliating or offensive environment for the person.

3.3.4 Behaviour that may constitute sexual harassment
Many forms of behaviour may constitute sexual harassment including:
• Unwelcome acts of physical intimacy.
• Unwelcome requests for sexual favours.
• Any other act or conduct including spoken words, gestures or the production, display or
circulation of written words, pictures or other material that is unwelcome and which has the
30