University guidance for tackling sexual harassment by third parties

The University expects all members of the University community, its visitors and contractors to treat each other with respect, courtesy and consideration, in line with the Harassment Policy and obligations under the Equality Act 2010 and the Higher Education (Freedom of Speech) Act 2023.

From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a legal duty for employers to take proactive and reasonable steps to prevent sexual harassment of workers in the course of their employment, including sexual harassment by third parties. 

Sexual harassment is unacceptable. The University encourages workers who witness or experience sexual harassment by third parties to report formally or informally. Reports will be taken seriously and investigated in accordance with University procedures (as appropriate), and steps will be taken to prevent further harassment. 

This guidance has been developed to:

  • Ensure third parties understand and adhere to the Harassment Policy.
  • Outline the steps the University is taking to prevent sexual harassment. 
  • Explain how staff can report incidents of harassment by third parties, and outline the actions the University may take to remedy the situation and prevent further harassment. 

 

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The University expects all third parties, including their employees and clients, to adhere to the University Harassment Policy when visiting University premises or engaging in activities related to the University (including online).  

The Head of Department or manager responsible for the third-party relationship will be responsible for communicating this guidance and the Harassment Policy, ensuring third parties are aware of their responsibilities, and agreeing how staff can report sexual harassment by third parties and the steps to be taken to prevent it happening again. 

Where problems occur, the University takes concerns seriously and takes appropriate steps to investigate the incident in accordance with the University procedures (where appropriate) and remedy the situation. In some circumstances, staff may choose to report their concerns to the relevant third party.
 

Harassment by a third party occurs when a member of University staff is subjected to harassment, including sexual harassment, by a person who is not employed by the University. 

Third parties include, but are not limited to: 

  • Students
  • College-only staff 
  • Visiting academic and research staff
  • Research collaborators
  • Visitors to our Museums, Libraries and Gardens
  • Research Participants 
  • Suppliers, contractors and project partners
  • Alumni, donors and funding bodies

To prevent sexual harassment by third parties in work, the University will: 

 

  • Produce guidance and communications to ensure third parties understand their responsibilities. 
  • Provide regular communications and training for staff.
  • Conduct and review risk assessments to mitigate factors increasing the risk of sexual harassment, including by third parties.
  • Work collaboratively to strengthen communications with third parties.

Staff experiencing or witnessing harassment by a third party should speak with their manager, HR or Head of Department. The University will discuss with you how you wish to take this forward.

Reports will be taken seriously and the University will take appropriate steps to investigate the incident in accordance with the University procedures (where appropriate). In some circumstances, the member of staff may choose to also report their concerns to the relevant third party.
The University will try to resolve issues of harassment in a suitable manner. The action, and those responsible, will be depend on the third party, situation and wishes of the individual impacted. 

To address the complaint, it may be necessary (but not limited) to:  

i.    Speak to the third party to resolve the incident formally or informally (where appropriate).  
ii.    Support the staff member to report the incident through the appropriate third-party procedures. 
iii.    Where student conduct is involved, support the staff member to raise a formal complaint to the Proctors Office following Statute XI procedures. 
iv.    Notify Security Services and/or the Police when complaints involve members of the public.

Your manager is the most appropriate person to take this forward initially. Managers will liaise with HR and/or Head of Department to determine next steps. 
 

Depending on the circumstances, the University may take the following steps to prevent further harassment:

 

  • Individuals are warned about their behaviour. 
  • Visitors or attendees are asked to leave or banned from University premises or events.
  • Suppliers or contractors are required to leave University projects. 
  • Third party contracts or Service Level Agreements are ended. 

The Head of Department is responsible for determining the action that will be taken to remedy the situation and prevent further harassment. The action, and those responsible, will be depend on the third party, the situation and wishes of the individual impacted.
 

Review  

This guidance will be reviewed regularly to ensure it remains effective and compliant with legislation, EHRC technical guidance, and OfS Freedom of Speech requirements.