No. 026 - AS Anti - Abuse, Harrassment and Violence Policy 2022

ASHTON APPAREL (EPZ) LIMITED
P.O. BOX 43371-80102, MOMBASA, KENYA

TEL: +254 41 02004768/9
Anti - Abuse, Harassment and Violence Policy

Purpose:
Our Anti-Abuse, Harassment and Violence Policy is not intended to stop free speech or
to interfere with everyday interactions. However, what one person finds offensive, others
may not. Usually, abuse and harassment can be distinguished from normal, mutually
acceptable socializing. It is important to remember that the perception of the receiver of
the potentially offensive message be it spoken, a gesture, a picture or some other form of
communication which may be deemed objectionable or unwelcome is of crucial
importance.
Our Anti-Abuse, Harassment and Violence Policy expresses our commitment to maintain
a workplace that’s free of harassment, abuse and violence. So our employees can feel safe
and happy. We will not tolerate anyone intimidating, humiliating or sabotaging others in
our workplace. We also prohibit willful discrimination based on age, sexual orientation,
ethnicity, racial, religion or disability.
Definition:
In pursuit of this goal Ashton Apparel (epz) limited does not condone and will not
tolerate any form of physical, sexual, emotional, verbal, or psychological abuse, neglect,
violence or harassment/bullying against or by any employee, Stakeholder, volunteer,
visitor or contractor.
Harassment includes bullying, intimidation, direct insults, malicious gossip and

victimization. Several types of behaviors exist that constitute abuse and harassment in the
workplace.
Employment policies prohibit harassment of a sexual nature such as unwanted sexual

advances, physical conduct of a sexual nature and requests for sexual favors. Unwanted
verbal, written, psychological or physical abuse that shows hostility based on a person's
race, gender, sexual orientation or disability status is also considered as harassment.
Abusive behavior creates a hostile work environment for the victim. Abusive behavior
includes but is not limited to hostile physical conduct, intimidating aversions towards
others and unwelcome comments that create an offensive work environment.
Physical Abuse: is defined as but not limited to the use of intentional force that can
result in physical harm or injury to an individual. It can take the form of slapping, hitting,
Policy prepared by: Sagar Datta Name of the Document: Anti-abuse harassment & violence policy
Reviewed by: Abizer Lokhandawala Reviewed and Approved by: Mr. Mannan Kapasi
Approved date: 3rd June 2022 Revision due date: When there is a change in Policy / Law
Page 1 of 9 Version: HR/Policy/026
TEL: +254 41 02004768/9
punching, shaking, pulling, throwing, kicking, biting, choking, strangling or the abusive
use of restraints.
Sexual Abuse: is defined as but not limited to any unwanted touching, fondling,
observations for sexual gratification, or written propositions or innuendos, exhibitionism
or exploitation for profit including pornography.
Emotional Abuse: is defined as but not limited to a chronic attack on an individual's self-
esteem. It can take the form of name calling, threatening, ridiculing, berating,
intimidating, isolating, hazing, habitual scapegoat, blaming.
Verbal Abuse: is defined as but not limited to humiliating remarks, name calling,
swearing at, taunting, teasing, continual put downs.
Psychological Abuse: is defined as but not limited to communication of an abusive

nature, sarcasm, exploitive behavior, intimidation, manipulation, and insensitivity to race,
sexual preference or family dynamics.
Neglect: is defined as but not limited to any behavior that leads to a failure to provide
services which are necessary such as withdrawing basic necessities as forms of
punishment, failing to assess and respond to changes in health status and refusing or
withdrawing physical or emotional support.
Violence or bullying: is the exercise, statement or behavior of physical force by a person

against anyone in the institution that causes or could cause physical injury to the worker,
such as:
a. Physical acts (e.g., hitting, shoving, pushing, kicking, sexual assault,

throwing an object at a worker, kicking an object the worker is standing on
such as a ladder or trying to run down a worker using a vehicle or equipment
such as a forklift).
b. Any threat, behavior or action which is interpreted to carry the potential to

harm or endanger the safety of others, result in an act of aggression, or destroy
or damage property.
c. Disruptive behavior that is not appropriate to the institutional environment

(e.g., yelling, swearing).
TEL: +254 41 02004768/9
Domestic Violence: A person who has a personal relationship with an employee – such
as a spouse or former spouse, current or former intimate partner or a family member –
may physically harm, or attempt or threaten to physically harm, that worker at work. In
these situations, domestic violence is considered workplace violence.
Personal Harassment: Any unsolicited, unwelcome, disrespectful or offensive behavior

that carries an underlying sexual, bigoted, ethnic or racial connotation and can be typified
as:
a) Behavior that is hostile in nature, and/or intends to degrade an individual based on

personal attributes, including age, race, nationality, disability, family status,
religion, gender, sexual orientation, and/or any other Human Rights protected
grounds.
b) Sexual solicitation or advance made by a person in a position to confer, grant or
deny a benefit or advancement to the person where the person making the
solicitation or advance knows or ought reasonably to know that it is unwelcome;
c) Reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance
where the reprisal is made or threatened by a person in a position to confer, grant
or deny a benefit or advancement to the person.
d) Unwelcome remarks, jokes, innuendoes, propositions, or taunting about a person’s
body, attire, sex or sexual orientation and/or based on religion;
e) Suggestive or offensive remarks;
f) Bragging about sexual prowess;
g) Offensive jokes or comments of a sexual nature about an employee;
h) Unwelcome language related to gender;
i) Displaying of pornographic or sexist pictures or materials;
j) Leering (suggestive persistent staring);
k) Physical contact such as touching, patting, or pinching, with an underlying sexual
connotation;
l) Sexual assault; for the most part, victims of sexual harassment are female.
However, conduct directed by female employees towards males and between
persons of the same sex can also be held to constitute sexual harassment.
m) Any actions that create a hostile, intimidating or offensive workplace. This may
include physical, verbal, written, graphic, or electronic means.
TEL: +254 41 02004768/9
n) Any threats of physical violence that endangers the health and safety of the
employee.
o) Racial/Ethnic Harassment: Any conduct or comment which causes humiliation to
anyone because of their racial or ethnic background, their color, place of birth,
citizenship or ancestry. Examples of conduct which may be racial or ethnic
harassment include:
a) Unwelcome remarks, jokes or innuendos about a person's racial
or ethnic origin;
b) Color, place of birth, citizenship or ancestry;
c) Displaying racist or derogatory pictures or other offensive
material;
d) Insulting gestures or practical jokes based on racial or ethnic
grounds which create awkwardness or embarrassment;
e) Refusing to speak to or work with someone or treating someone
differently because of their ethnic or racial background.
f) We can’t create an exhaustive list, but here are some instances
that we consider harassment:
g) Sabotaging someone’s work on purpose.
h) Engaging in frequent or unwanted advances of any nature.
i) Commenting derogatorily on a person’s ethnic heritage or
religious beliefs.
j) Starting or spreading rumors about a person’s personal life.
k) Ridiculing someone in front of others or singling them out to
perform tasks unrelated to their job against their will.
l) Sexual harassment is illegal and we will seriously investigate
relevant reports. If an employee is found guilty of sexual
harassment, they will be terminated.
Principles:
The Anti-Abuse, Harassment and Violence Policy is in place to educate employees about
abusive and inappropriate behavior. These policies define what is considered workplace
harassment, prohibited conduct and the specific types of behavior that violate the
policies. They also outline the consequences for engaging in harassing and abusive
activities as well as complaint procedures.
Scope:
TEL: +254 41 02004768/9
The Anti-Abuse, Harassment and Violence Policy applies to all employees, managers,
supervisors, contractors, public visitors, customers and anyone else whom employees
come into contact with at work.
Responsibilities:
On behalf of the employer, HR Team are responsible to implement and ensure Anti-
Abuse, Harassment and Violence policy.
Policy Statement:
a) Harassment and Violence of any kind are unacceptable in our workplaces. We

strongly feel to having such policy and procedures as guidelines in place to
address the workplace harassment and violence is essential to protect our
employees and to ensure stress free workplace in the organization.
b) Punishment for harassment depends on the severity of the offence and may include
counseling, reprimands, suspensions or termination.
Procedure:
Reporting Abuse, Violence or Bullying:
1) In the event that you are either directly affected by or witness to any
abuse or violence in the workplace, it is imperative for the safety of all
employees that the incident be reported as soon as reasonably possible.
Reporting any abuse, violence or potentially violent situations should be
done immediately to management, or the Human Resources department.
2) If in case, If you do not wish to show your identity, You can write a
detailed letter and you can deposit the same in the Suggestion Boxes,
which are located in various places including Toilets.
How to address harassment:
If you’re being harassed, whether by a colleague, customer or vendor, you can choose to
talk to any of these people:
Offenders: If you suspect that an offender doesn’t realize they are guilty of harassment,
you could talk to them directly in an effort to resolve the issue. This tactic is appropriate
TEL: +254 41 02004768/9
for cases of minor harassment (e.g. inappropriate jokes between colleagues.) Avoid using
this approach with customers or stakeholders.
Your manager: If customers, stakeholders or team members are involved in your claim,
you may reach out to your manager. Your manager will assess your situation and may
contact HR if appropriate.
HR: Feel free to reach out to HR in any case of harassment no matter how minor it may
seem. For your safety, contact HR as soon as possible in cases of serious harassment (e.g.
sexual advances) or if your manager is involved in your claim. Anything you disclose
will remain confidential.
Reporting Abuse, Discrimination or Harassment:
Informal Procedure:
If you believe you have been personally abused or harassed you may:
I. Confront the abuser or harasser personally or in writing pointing out the

unwelcome behaviour and requesting that it stop; or
II. Discuss the situation with the harasser’s supervisor, your supervisor or
any other supervisor other than your own.
Any employee who feels discriminated against or abused or harassed can and should, in
all confidence and without fear of reprisal, personally report the facts directly to your
supervisor or manager.
Formal Procedure:
If you believe you have been personally abused or harassed you may make a written
complaint. The written complaint must be delivered to the HR / Management or his/her
delegate.
Your complaint should include:
TEL: +254 41 02004768/9
a) the approximate date and time of each incident you wish to report
b) the name of the person or persons involved in each incident
c) the name of any person or persons who witnessed each incident
d) a full description of what occurred in each incident Investigating
Reports of Abuse, Discrimination or Harassment
Investigating Reports of Abuse, Violence, Discrimination or Harassment:
Once a written complaint has been received, HR / Management will complete a thorough
investigation. Abuse or harassment should not be ignored as silence can, and often is,
interpreted as acceptance. Employees will not be demoted, dismissed, disciplined or
denied a promotion, advancement or employment opportunities because they rejected
sexual advances or because they lodged a complaint when they honestly believed they
were being abused, harassed or discriminated against.
For the purposes of this section the following definitions apply:
a) Complainant – The person who has made a complaint about another

individual who they believe committed an act of abuse, violence or
harassment against them.
b) Respondent – The person whom another individual has accused of
committing an act of abuse, violence or harassment.
The investigation will include:
I. Informing the respondent of the complaint

II. Interview the complainant, any person involved in the incident and any identified
witnesses
III. Interview any other person who may have knowledge of the incidents related to
the complaint or any other similar incidents a copy of the complaint, detailing the
complainant's allegations, is then provided to the respondent(s).
IV. The respondent is invited to reply in writing to the complainant's allegations and
the reply will be made known to the complainant before the case proceeds further.
V. Ashton Apparel (epz) limited will do its best to protect from unnecessary
disclosure the details of the incident being investigated and the identities of the
complaining party and that of the respondent.
TEL: +254 41 02004768/9
VI. During the investigation, the complainant and the respondent will be interviewed
along with any possible witnesses. Statements from all parties involved will be
taken and a decision will be made.
VII. If necessary, Ashton Apparel (epz) limited may employ outside assistance or
request the use of our legal counsel.
VIII. Employees will not be demoted, dismissed, disciplined or denied a promotion,
advancement or employment opportunities because they rejected sexual advances
of another employee or because they lodged a harassment complaint when they
honestly believed they were being harassed.
IX. Where it is determined that harassment has occurred, a written report of the
remedial action will be given to the employees concerned.
X. If the complainant decides not to lay a formal complaint, the HR / Management

may decide that a formal complaint is required (based on the investigation of the
incident) and will file such document with the person against whom the complaint
is laid (the respondent). If it is determined that personal abuse or harassment has
occurred, appropriate disciplinary measures will be taken as soon as possible.
Disciplinary Measures:
I. If it is determined by Ashton Apparel (epz) limited that any employee has been
involved in a violent behavior, unacceptable conduct or personal abuse or
harassing of another employee, immediate disciplinary action will be taken.
II. Such disciplinary action may involve counseling, a formal warning and could
result in immediate dismissal without further notice.
III. Also can refer our Disciplinary Procedures and Policy.
Confidentiality:
I. Ashton Apparel (epz) limitedwill do everything it can to protect the privacy of the
individuals involved and to ensure that complainants and respondents are treated
fairly and respectfully.
II. Ashton Apparel (epz) limitedwill protect this privacy so long as doing so remains
consistent with the enforcement of this policy and adherence to the law.
TEL: +254 41 02004768/9
III. Neither the name of the person reporting the facts nor the circumstances
surrounding them will be disclosed to anyone whatsoever, unless such disclosure
is necessary for an investigation or disciplinary action.
IV. Any disciplinary action will be determined by Ashton Apparel (epz) limitedand
will be proportional to the seriousness of the behavior concerned.
V. Ashton Apparel (epz) limitedwill also provide appropriate assistance to any
employee who is victim of discrimination or harassment.
Policy Review:
Policy should be reviewed every year / whenever there are changes on the legal terms.

No. 026 - AS Anti - Abuse, Harrassment and Violence Policy 2022

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ASHTON APPAREL (EPZ) LIMITED

P.O. BOX 43371-80102, MOMBASA, KENYA

Anti - Abuse, Harassment and Violence Policy

Harassment includes bullying, intimidation, direct insults, malicious gossip and

Employment policies prohibit harassment of a sexual nature such as unwanted sexual

Psychological Abuse: is defined as but not limited to communication of an abusive

Violence or bullying: is the exercise, statement or behavior of physical force by a person

a. Physical acts (e.g., hitting, shoving, pushing, kicking, sexual assault,

b. Any threat, behavior or action which is interpreted to carry the potential to

c. Disruptive behavior that is not appropriate to the institutional environment

Personal Harassment: Any unsolicited, unwelcome, disrespectful or offensive behavior

a) Behavior that is hostile in nature, and/or intends to degrade an individual based on

a) Harassment and Violence of any kind are unacceptable in our workplaces. We

How to address harassment:

Reporting Abuse, Discrimination or Harassment:

I. Confront the abuser or harasser personally or in writing pointing out the

Your complaint should include:

Investigating Reports of Abuse, Violence, Discrimination or Harassment:

For the purposes of this section the following definitions apply:

a) Complainant – The person who has made a complaint about another

The investigation will include:

I. Informing the respondent of the complaint

X. If the complainant decides not to lay a formal complaint, the HR / Management

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