Respect at work Policy

Policy purpose

Respect at Work

This policy outlines LUSH’s commitment to creating a more inclusive, safer and supportive working environment by clearly communicating how allegations of discrimination, harassment, sexual harassment, bullying and victimisation will be handled.

In line with The Worker Protection (Amendment of Equality Act 2010) Act 2023, this policy includes how LUSH will handle allegations of sexual harassment, as required by the legislation. Any reports of behaviour that has created an unsafe or hostile working environment for our colleagues will be taken seriously. 

This policy applies to LUSH colleagues, clients, suppliers, customers and third parties.

Our aim

At Lush we believe in happy people making happy soap. 

We are committed to working towards a more inclusive, safer and supportive working environment, where all employees feel respected, included and are able to contribute their best. We will not tolerate unlawful discrimination, harassment, sexual harassment, bullying, victimisation, microaggressions, or violence towards any of our employees, customers or visitors in the workplace.

We are a company that aspires to continuously evolve and improve. The aim of this policy is to support and create the company we want to be, by:

• Defining the behaviour that is expected from everyone
• Communicating our commitment to preventing discrimination, victimisation, harassment, sexual harassment, bullying or victimisation in the workplace
• Providing guidance on how to handle unacceptable behaviour, ensuring any concerns are dealt within a timely manner, fairly and consistently
• Signpost our colleagues to further supporting resources

Responsibilities

We all are responsible for creating an environment that we are proud to work within, by:

• Behaving professionally, and treating others with dignity and respect at all times to ensure the safety and wellbeing of yourself and others in the workplace
• Being open to feedback from others and actively working on any changes
• Continuously learning and actively seeking feedback for self reflection and growth
• Taking accountability and responsibility for any behaviour that may make others feel uncomfortable or upset. 
• Speaking up where you feel able to and challenge any inappropriate comments, stereotypes, and microaggressions when you witness them. By speaking up, you contribute to creating a workplace culture that values diversity and actively addresses discriminatory behaviour.
• Reporting any instances of inappropriate or unacceptable behaviour that we may witness to a manager or People team.
• As a member of management or lead, leading by example to promote a positive working environment and handling any concerns quickly and confidentially, in line with this policy

Expected employee behaviour and commitment 

Some examples of expected and unacceptable behaviour are given below. This list is not exhaustive;

Expected positive behaviour 

• Treating colleagues in a respectful and professional manner at all times. Respecting people’s dignity, personal boundaries and belongings.
• Communicating in a respectful way, taking extra care when delivering challenging messages, and being mindful and respectful of other people’s cultures and beliefs. 
• As Managers, addressing matters promptly and professionally and managing performance in a consistent, constructive and fair way. 

Unacceptable behaviour

• Acting violently or making inappropriate physical contact, intimidating others, or damaging/stealing belongings. 
• Using abusive or inappropriate language, mocking, ridiculing, or humiliating, spreading rumours/gossip, making threats, or spreading confidential personal information about another staff member to others. 
• Deliberately withholding/falsifying information, sabotaging work, marginalising someone, persistent criticism that is not in line with work performance, singling out someone for trivial/unpleasant tasks.

What is considered ‘the workplace?’

An environment can be considered ‘the workplace’ beyond the physical workplace or outside usual working hours if there is a workplace connection. The workplace can include but is not limited to:

• Any Lush physical premises.
• Any work related event. This could include Lush events, training, and social events with your team, e.g. a Christmas party or a group of colleagues going out for dinner.
• Travel to and from work or an event/location.
• Online activities such as emails, Google Chat, Lush Labs, Lush social channels or forums, or on personal social media accounts that can be linked to Lush or can be viewed by colleagues, e.g. Whatsapp, Facebook, Twitter, Instagram, Tik Tok, Snapchat, etc. 

What is meant by ‘online activities?’

We expect the same standards of behaviour and conduct when interacting with employees, customers, or visitors online. Inappropriate or unprofessional content, or anything that could be considered as discrimination, harassment, sexual harassment, bullying, or victimisation will be addressed in line with Lush policies. This could include but is not limited to posting, sharing or viewing individually or with others:

• Anything that discriminates, harasses or victimises a person, based on a protected characteristic, including insults or ‘jokes’ (see the ‘How does harassment and bullying differ from ‘banter?’’ section below).
• Anything perceived as sexual harassment, including insults or ‘jokes’ (see the ‘How does harassment and bullying differ from ‘banter?’’ section below).
• Aggressive material including threats, violence, abuse, or obscenities.
• Any online content, messages or comments (on work or personal devices) individually or with others within the workplace that could constitute discrimination, victimisation, harassment, sexual harassment or bullying. 

Definitions

Discrimination

Discrimination is to be treated unfairly based on any of discriminatory grounds covered in the UK Employment Equality Act 2010 and Ireland’s Employment Equality Act 1998, known as Protected Characteristics (Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex, Sexual Orientation). For further information see appendix. If you are experiencing discrimination in the workplace, please see the ‘How to handle incidents and find a resolution’ section below. 

Harassment

Harassment is where someone creates an atmosphere that makes someone else feel uncomfortable or impacts the dignity of an individual within the workplace. The behaviour can make you feel intimidated, humiliated or offended (for further examples see appendix). Inappropriate unwanted behaviour or conduct can be deemed as harassment, and therefore unlawful if it is related to any of the protected characteristics covered under UK Employment Equality Act 2010 and discriminatory grounds in Ireland’s Employment Equality Act 1998 (as listed in the ‘Appendix’). 

Harassment can be a one off instance and does not simply depend on the intention of the person displaying the unwanted behaviour. The important factor is whether the person subject to the unwanted behaviour finds the comments or actions offensive, disrespectful and/or unacceptable. For further information on harassment, please see the ‘Appendix’. 

Sexual Harassment

Any allegations of sexual harassment towards any LUSH colleagues, whether caused by those that work here or third parties including customers, suppliers, clients or visitors to our premises, will be addressed 

Sexual harassment is any form of unwanted behaviour of a sexual nature, which violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. For a list of examples, see appendix. 

Sexual harassment can be a one-off event and does not need to be directed at an individual person, it could be witnessed or overheard, for example displaying inappropriate images in the workplace or showing a co-worker pornographic images. 

Sexual harassment does not include conduct that is consensual as the conduct has to be ‘unwanted’ in order to be sexual harassment. However, just because certain sexual behaviour was ‘consensual’ in the past doesn’t mean that it can’t become ‘unwanted’ in the future and amount to sexual harassment. 

It is important to be aware that what some people might consider as joking or ‘banter’ can still be considered sexual harassment if the behaviour is of a sexual nature, it’s unwanted and/or it violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. 

If you experience or witness sexual harassment in the workplace you are encouraged to report the incident as soon as possible. In some cases, you may feel able to ask the perpetrator to stop the behaviour, which may remedy the situation (see Resolving informally section). If that is ineffective, or you do not feel able to do this, reports can be made through the following channels;

• Direct reporting – to your manager or member of the People team
• Reporting through a secure online reporting form 
• If relating to third party harassment, the accident/incident reporting form

Anyone who makes a complaint or who helps someone to make such a complaint, for example by giving evidence or information, will not be mistreated because of their actions (see victimisation section). 

For more information on reporting, please see the How to Handle Section.

For more information on Sexual Harassment, see appendix.  If you are experiencing Sexual Harassment in the workplace, see the How to Handle Section.

Bullying

The UK Equality Act 2010 and discriminatory grounds in Ireland’s Employment Equality Act 1998, protects you from harassment that is related to the protected characteristics (see appendix). If the unwanted conduct or behaviour does not relate to a protected characteristic, then it could be deemed as bullying. Bullying is unwanted conduct from a person or group that impacts another person negatively, such as making them feel isolated, frightened, humiliated, uncomfortable, or upset. See the appendix for further information and examples of bullying.

If you are on the receiving end of any of the above, or if you are being bullied but it does not fit those descriptions, it is for you to decide what behaviour is unwelcome. The fact that you may have previously tolerated the behaviour does not stop you from objecting now. Please see the ‘How to handle incidents and find a resolution’ section below. 

How does harassment and bullying differ from ‘banter?’

It is the unwanted nature of the conduct that distinguishes harassment and sexual harassment from friendly behaviour such as ‘banter’, which is more likely to be mutually enjoyed and welcomed. 

However, language or behaviour that is potentially deemed derogatory and directed between consenting people in the workplace is not necessarily accepted or justified as friendly behaviour or ‘banter’, as it may be deemed harassment. For example, if in the company of a third party person who is impacted because of witnessing or overhearing such behaviour or language. 

If you are on the receiving end of any of the above, or if you are being harassed or sexually harassed but it does not fit those descriptions, it is for you to decide what behaviour is unwelcome. The fact that you may have previously tolerated the behaviour does not stop you from objecting now. Please see the ‘How to handle incidents and find a resolution’ section below. 

Victimisation 

Victimisation is being treated unfairly, feeling threatened, treated adversely or losing your job because you made or supported a complaint related to a protected characteristic, or someone thinks you did. 

Making or supporting a complaint might include: 

• Raising a complaint of discrimination.
• Helping a colleague make a complaint of discrimination.
• Being involved as a witness to a disciplinary or investigation .
• Giving evidence during an investigation.

If you feel you are experiencing victimisation, please bring it to the attention of your Manager, or the People team as soon as possible. 

Microaggressions

Lush recognises microaggressions as potential unfair or harmful treatment. Microaggressions can be verbal, non-verbal, or physical conduct or behaviour that communicate or uphold hostile, negative, or derogatory messages or stereotypes about a person because of their membership or affiliation with a certain demographic group. A demographic group can overlap with the UK law’s protected characteristics and Irish law’s discriminatory grounds, however, microaggressions are not formally recognised under the legal framework. For examples of microaggressions in the workplace, see the ‘Appendix’. 

Microaggressions can be intentional or unintentional and it can often be difficult to distinguish. The intention of a microaggressive comment or behaviour is irrelevant if it causes offence, harm or is unwelcome. See the ‘How to handle incidents and find a resolution‘ section for more information on microaggressions, or refer to our What Are Microaggressions? document.

Confidentiality and anonymity

Lush strongly encourages all members of staff, visitors, and/or contractors to report any incidents where they feel they may have witnessed or experienced inappropriate or unacceptable behaviour. Reporting incidents will enable us to take action to remedy the situation. 

When a complaint is raised, confidentiality and/or requests for anonymity will be considered extremely carefully. However, in order to carry out a fair and thorough investigation and reach an outcome, we may need to refer to, or share information. Any requests by witnesses to remain anonymous will only be agreed in exceptional circumstances and discussed with the individual. One reason for this is that an investigation could lead to a disciplinary process where an employee has the right to have full details of the allegation(s) against them. Another reason when anonymity cannot be guaranteed is if there has been a breach in the law or in cases of criminal proceedings. 

Any matters relating to an inappropriate breach of confidentiality by any party involved in an incident relating to the Respect at Work Policy may be handled in line with Disciplinary and Probation Review Policy.

Staff Training

Respect at Work training will be provided as part of the employee experience. 

Keeping a record

It is helpful to keep a dated record of any incidents, handling processes, or attempts to resolve, whether formal or informal. This could also help with the investigation should you decide to take things further. 

An investigation process as stated in the Disciplinary and Probation Review Policy, involves referring to evidence based findings, therefore any of following information (but not limited to) may support with this: 

• Keeping notes or a diary of any incidents of discrimination, harassment, bullying, victimisation or microaggressions.
• Sending an email confirmation before and after any informal facilitated conversations to act as a logged record.
• Notes must be taken at formal hearings, investigation interviews, or outcome meetings.

How to handle incidents and finding a resolution 

If you are experiencing inappropriate behaviour from another colleague, discrimination, harassment, sexual harassment, bullying, victimisation and/or microaggressions in the workplace, or you are a witness to any potential incidents, please see the options below for guidance.

Option 1: Resolve Informally

Where possible and if appropriate, all employees are encouraged to resolve concerns or conflicts informally. Sometimes, and especially in cases of unwanted banter or behaviour, having a conversation directly with the individual to let them know that their language and/or actions have upset or impacted you can remedy a situation effectively. It may be that the person whose conduct is causing offence is genuinely unaware that their behaviour is unwelcome. Giving them the feedback at the earliest opportunity may remedy the situation and help to realign boundaries. If you are unsure about how to raise your concerns with a colleague or peer, your Manager, or the People team can support and coach you on how you might approach this conversation. 

Option 2: Discuss your concerns with your manager / People Team

In cases where individuals feel unable to address the matter themselves directly with the individual, or in instances where individuals have experienced discrimination, harassment, sexual harassment, bullying and/or victimisation in the workplace, please notify and report the incident to your Manager as soon as possible. If the concern is regarding your Manager, please notify the People team. Your Manager will discuss with you the details of the situation and whether you are comfortable addressing the matter informally, if appropriate. The People team can also be contacted to provide guidance and advice on resolving any potential conflicts. 

For more information specific to reporting allegations of sexual harassment, please see section below. 

Option 3: Formal Process 

In cases where an informal approach has not seen the desired change in behaviour or in cases that are extremely and immediately serious, there is the formal resolution process. Please refer to the Resolution Policy and Disciplinary and Probation Review Policy for further guidance and information.

Potential Outcomes

Lush will take into account how you would like to resolve any concerns, any evidence, and the findings of any investigation if one has taken place, to establish next steps. Depending on the situation these may include: 

• Restorative conversations or mediation 
• Training
• Performance Management
• Disciplinary action

Please refer to the Resolution Policy and Disciplinary and Probation Review Policy for further information.

What if I am accused of bullying, harassment, sexual harassment or discrimination?

If a complaint is made about your behaviour and/or actions a thorough, fair and impartial investigation will take place in line with Resolution Policy and Disciplinary and Probation Review Policy. During the investigation, you will be given the opportunity to present your side of the story. If any claims are upheld, then disciplinary proceedings may follow as an outcome. You can contact the Employee Assistance Programme on: Health Assured.

Following completion of the process, you may be required to participate in facilitation or mediation in order to repair working relationships. 

External

In circumstances where discrimination, harassment, sexual harassment or bullying is committed in a Lush UK&I premise or workspace and/or online by someone who is not an employee (i.e a member of the public), Lush UK&I has the right to ban the individual(s) from all Lush premises. Lush UK&I employees who are impacted by any discriminatory, harassing, or bullying behaviour from anyone external to the company will be supported in reporting to the police or authorities, if they wish to proceed in doing so. For further support with handling any complaints relating to customers, please contact the Customer Care team.

Violence and reporting concerns to the police

Keeping the workplace free from violence is the responsibility of everyone, if you or anyone else is in immediate danger call 999 or 112. 

Never put yourself or others at further risk in an effort to manage it yourself. 

Personal Situations

There are times when you may experience personal situations that could affect you at work, or negatively impact the workplace. This could include:

• Incidents or threats of violence.
• Threatening or harassing communication.

You have the obligation to report to your Manager any personal situations that could pose a risk of violence in the workplace. 

Please see, ‘Useful contacts’ for Health Assured’s confidential support if you are experiencing violence or abuse in your personal life. 

Consequences of breach of this policy

Failure to comply with this policy without good reason, could result in disciplinary action being taken against employees (up to and including dismissal) and in the case of non-employees, termination of the relationship. This includes instances where complaints are found to be falsified or fake. 

Status of this policy

This policy is not part of your contract of employment, and we reserve the right to amend it at any time. We will monitor this policy periodically to ensure its effectiveness and it will be updated in accordance with relevant changes in the law. Updated versions will be made accessible. 

Useful Lush contacts/resources

Retail people team: retail.peopleservices@lush.co.uk | 01202 006460

Manufacturing People team: manu.peopleexperience@lush.co.uk

Support people team: support.peopleservices@lush.co.uk 

UK&I Retailers: uk.retail@lush.co.uk 

Customer Care: wecare@lush.co.uk | 01202 930051

Colleague Centre – Here you can find lots of resources to support your employee journey

Useful external contacts

Health Assured: All employees at Lush are eligible for the Health Assured employee assistance programme. Health Assured offers independent, confidential support and guidance. You can find more information on Health Assured here. Google Drive folder.

Useful policies

• Resolution Policy
• Disciplinary Guidelines and Policy
• Whistleblowing Policy

If you require any support accessing or interpreting these policies, please contact the People team.

Appendix – Definitions

Discrimination

These grounds are called protected characteristics in the UK and are recognised as:

• Age
• Disability
• Gender Reassignment
• Marriage and Civil Partnership 
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation

There are various types of discrimination, direct and indirect.

• Direct discrimination: When someone is treated unfairly because of a protected characteristic, as listed above.
• Indirect discrimination: Can happen when there are rules or arrangements that apply to a group of employees or job applicants, but in practice are less fair to a certain protected characteristic.

Ireland’s Employment Equality Act 1998 predominantly overlaps, but does not recognise the wording of ‘Marriage and Civil Partnership’ or ‘Pregnancy and Maternity.’ Ireland’s Employment Equality Act 1998 does not distinguish sex and gender, however covers ‘Gender’ as one discriminatory ground. Irish legislation also differs from UK legislation by recognising the below wording and additions as discriminatory grounds: 

• Civil Status 
• Family Status
• Membership of the Traveller community 

There are rare cases when discrimination can be considered lawful and justified due to certain circumstances, such as the Health and Safety of an employee. For example, not allowing an employee who is under 18 to work with knives or to have additional rest breaks based on their age.

If you are experiencing discrimination or unfair treatment in the workplace, please see the ‘How to handle incidents and find a resolution‘ section.

Harassment 

Harassment can include but is not limited to:

• A serious one-off incident of unwanted conduct 
• Unwanted and repeated conduct and behaviour
• Unwanted verbal or non-verbal conduct, such as: imagery, written materials, gestures, jokes, innuendos pranks, graffiti, mimicry, or unwanted advances
• Unwanted physical conduct, such as touching or brushing against another person’s body
• Applying pressure for sexual contact in return for preferential treatment at work or to avoid detrimental treatment at work. 

Harassment can also apply when: 

• A person is being harassed if they experience unwanted conduct on the assumption of a protected characteristic, but they do not have that characteristic.
• A person is being harassed if they experience unwanted conduct because they are linked to someone with a certain protected characteristic. 
• A person who witnesses harassment because of a protected characteristic and is impacted by this. 

If you are experiencing harassment in the workplace, please see the ‘How to handle incidents and find a resolution‘ section.

Sexual Harassment

Sexual harassment can include but is not limited to:

• gesturing or making sexual remarks about someone’s body, clothing or appearance
• asking questions about someone’s sex life or intrusive questioning about their personal life
• telling sexually offensive jokes
• leering or staring
• making sexual comments or jokes about someone’s sexual orientation or gender reassignment
• unwanted sexual compliments or flirting
• displaying or sharing pornographic or sexual images, or other sexual content
• touching someone against their will, for example hugging them
• coercing someone into sexual relations through pressure, manipulation or threats, or offering rewards in exchange for sex or intimacy
• obscene, suggestive, or offensive communications, including electronic communications, for example via email, text, messages or whatsapp
• sexual assault or rape

There may be other sexual behaviour, which though not unwanted, is still inappropriate in the workplace, for example, engaging in a consensual sexual act in the workplace. We do not permit sexual contact in the workplace and any such behaviour may still be addressed as a breach of the sexual harassment policy. 

Some forms of sexual harassment are automatically considered a criminal offence under UK laws, including:

• indecent exposure
• upskirting
• stalking
• any sexual harassment involving physical contact, which is automatically classified as sexual assault in the UK.

LUSH will support employees who wish to report a crime and will cooperate with any police investigation where necessary, including providing information or evidence requested by the police. In instances where the police decide not to prosecute, LUSH may still take action internally on any claims of sexual harassment that have occurred in the workplace  in line with company policies.

Bullying

For example, this could be but is not limited to: 

• Persistently and inappropriately finding fault in a person’s work and using this as an excuse to humiliate the person, rather than supporting them with improving performance. 
• ‘Picking on’, excluding, or making degrading comments about a colleague, or criticising a colleague in public. 
• Verbal abuse including shouting, use of obscene language, spreading rumours, and whispering or gossiping campaigns. 
• Showing hostility through sustained unfriendly contact or exclusion.
• Any form of verbal, non-verbal or physical intimidation or threat.

Bullying may not be obvious or noticed by others, and how behaviours are interpreted by the person on the receiving end is what is important. The intention of the comment or behaviour is irrelevant if it causes offence, harm or is unwelcome, and lack of harmful intent does not absolve consequence. 

If you are experiencing bullying in the workplace, please see the ‘How to handle incidents and find a resolution‘ section.

Microaggressions

Microaggressions are verbal, non-verbal or physical conduct or behaviour that communicate or uphold hostile, negative or derogatory messages or stereotypes about a person/s because of their membership or affiliation with a certain demographic group. An example of this could be but is not limited to:

• Unwanted physical contact, such as inappropriately touching a person’s hair.
• Unwanted verbal conduct, such as inappropriately asking inquisitive and hostile questions about a person’s characteristics.
• Unwanted verbal conduct, such as speaking on behalf of or over someone based on a stereotype or judgement of their age, disability, gender, race, religion or sexual orientation. 
• Unwanted non-verbal conduct, such as showing hostility based on a stereotype or judgement of age, disability, gender, race, religion or sexual orientation.

If you are experiencing microaggressions within the workplace, please see the ‘How to handle incidents and find a resolution‘ section.

Complaints that do not count as whistleblowing

Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest.

Report these under your employer’s grievance policy.

V1 Published 10.2020

V2 Published 10.2024