Terms and Conditions

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We consider any act of harassment or bullying to be in direct conflict with our Company purpose, aims, culture and values as well as a breach of our Member Rules and we will not tolerate harassment or bullying of any kind. All allegations of bullying and harassment, whoever it is reported by or about, will be promptly and impartially investigated and, where it is determined that harassment or bullying has occurred, appropriate corrective action will be taken.  Any concerns raised under this policy will be treated with discretion and confidentiality to the extent that a fair and robust investigation process will allow. Furthermore, we will also not tolerate victimisation of a person for making allegations of harassment or bullying in good faith or when supporting someone to make such a complaint. We have one policy to cover bullying and harassment of and by members, employees, self-employed PTs, contractors and anyone else engaged to work at Kilo Club, whether by direct contract or otherwise. Furthermore, this policy covers bullying and harassment both within our gym as well as some settings outside for example, work-related social events or actions on social media. If you have any questions about this policy, please speak with Ruadhan Cowan in the first instance.  

Contents Definitions:  

Bullying is offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate, or injure the person on the receiving end.  

Harassment is a form of unlawful discrimination. It is unwanted conduct related to a protected characteristic which includes sex, gender reassignment (or transgender status), race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief, marriage and civil partnership, pregnancy or maternity and age. This unwanted conduct either has the purpose of, or is reasonably considered by the person on the receiving end to have the effect of violating their dignity or otherwise creating an intimidating, hostile, degrading, humiliating or offensive environment.  

Victimisation is subjecting a person to a detriment because they have, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing them or someone else, or supported someone to make a complaint or given evidence in relation to a complaint.  

When considering the above definitions, it is important to note: Conduct may be harassment whether or not the person behaving in that way intends to offend. Different people find different things acceptable, and everyone has the right to decide what behaviour is acceptable and to have their feelings respected by others.  

A single incident can be harassment where behaviour that any reasonable person would realise it would be likely to offend without you having to make it clear in advance that behaviour of that type is not accepted, for example, sexual touching.  

Where it may not be so clear that behaviour would be unwelcome to, or could offend someone, for example some jokes, flirting or asking someone out for a date, it may not be harassment in the first instance. If, however the behaviour continues after you have made it clear, that the behaviour is unacceptable it will likely constitute harassment.  

Harassment may also occur where a person engages in unwanted conduct towards another because they perceive someone to have a protected characteristic (for example, a perception that they are gay or have a disability), when they actually don’t. Similarly, harassment could take place where someone is bullied or harassed because of someone else they have an association with, for example if their partner is pregnant.  

You may feel harassed even if the unwanted conduct is not directed towards you. For example, an employee is offended after they have overheard colleagues speaking about a member in a very derogatory or objectified manner. 

Provided that you act in good faith, i.e., you genuinely believe that what you are saying is true, you have a right not to be victimised for making a complaint or doing anything in relation to a complaint of bullying or harassment. Kilo Club will take appropriate action to deal with any alleged victimisation, which may include disciplinary or other remedial action against anyone found to have victimised you. Please be aware that making a complaint that you know to be untrue, or giving evidence that you know to be untrue, may lead to disciplinary or other appropriate remedial action being taken against you.  

Serious bullying or harassment may amount to civil or criminal offences, e.g., a civil offence under the Protection from Harassment Act 1997 and criminal offences of assault.  

Examples of bullying and harassment Sometimes it is hard to know whether someone’s behaviour is inappropriate and our view of what is appropriate can depend on the place, context, the people involved and can change over time. Bullying and harassment could be physical, verbal, or non-verbal and can include a wide range of behaviour including through email, text message or social media. We have included a number of examples of behaviours that could constitute bullying or harassment but please note that the below list is illustrative and not exhaustive:  

Physical • Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or other inappropriate touching. • Physical violence, including sexual assault. • Stalk, threaten, intimidate, or coerce someone.  

Verbal • The offer of rewards for going along with sexual advances, e.g., a job promotion or additional benefits/ services. • Making threats or comments about someone's job security or gym membership without a fair or reasonable rationale. • Intrusive questions about an individual’s sex life, gender identity or transition. • Comments regarding someone’s appearance, weight, dress, sexuality, age, gender identity or transition, relationship status that are derogatory or objectifying or otherwise would make someone feel uncomfortable. • Jokes, comments, or stories of a sexual nature or about an individual's age, race, gender, gender identity or transition, disability, sexual orientation, religion, or marital status. • Repeated and unwanted flirting or social invitations for dates or physical intimacy. • Flirting with someone at a time that is considered inappropriate due to the context, setting, time or place. • Unwanted or derogatory nicknames. • Refusal to use the appropriate pronoun or calling someone who has transitioned their previous name. • Starting or sharing malicious rumours or insulting/ ridiculing someone.  

Non-verbal • The use of obscene or suggestive gestures. • Whistling or leering. • The exclusion of an individual because they have or are perceived to have, or are associated or connected with someone with a protected characteristic. • The display or sharing of pictures, objects, or literature with sexual or racial overtones, are transphobic or derogatory even if not directed at any person. • Isolation or non-cooperation with an individual or those that are close to them. • Oppressive levels of supervision. • Deliberately setting up someone to fail.  

Acts of bullying and harassment which can also constitute a serious crime could also include: • Threats of violence. • Physical attack and sexual assault. • Hate crimes i.e., racist, homophobic, or transphobic hostility. • The sharing of private or sexual videos or imagery of another person without their consent. • Sharing the previous name, gender history or trans identity of an individual without their consent, if the individual has a GRC.  

Whilst we would hope that such instances would not occur at Kilo Club and consider that we have taken all reasonable actions to prevent such occurrences, in the instance that another’s actions could constitute a serious crime, we would always encourage you to report the matter to the police and will cooperate with any police enquiries should you wish to press charges. What should I do if I think I am being bullied or harassed? We would encourage anyone who believes that they have been bullied, harassed, or victimised to take the first step and share their experiences and concerns with us. We know this can be difficult but to facilitate this, we have robust procedures designed to support open conversations, dispute resolution and, where appropriate, we will take remedial action. In some cases, you may be able to sort out matters yourself, informally. For example, where the person may not be aware that their behaviour is unwelcome or upsetting to you or where your feelings about what you consider acceptable have changed over time. Whilst this doesn’t mean that the behaviour is accepted, if you suspect that the individual doesn’t realise the impact of their behaviours, we encourage you to raise this with them. During your discussion we would recommend that you highlight the impacts of their behaviour and ask them to stop in order to help them to understand the impact of their actions and agree to change it. If you are not sure how to approach this discussion informally yourself:  

If, however, an informal approach does not resolve matters, or the situation is too serious to be dealt with yourself, informally, you can make a formal complaint to Ruadhan Cowan.  We will also ensure that where possible, you are able to outline your complaint to someone that you feel comfortable to, for example if you would prefer to discuss an incident of sexual harassment with someone of your own sex. Further arrangements may need to be made to facilitate this, but we will discuss this with you.  

When managing formal complaints regarding bullying or harassment we will ensure: • It is investigated promptly and thoroughly. • To outline expected timelines of any process and keep you updated on the general progress of the investigation. Subject to data protection requirements we will confirm our findings and any further recommendations. • That discretion and confidentiality is maintained as much as a fair and thorough investigation will allow. Limited disclosures will need to be made on a need-to-know basis to facilitate a fair and robust investigation and to implement remedial action or manage any associated risks. • To implement reasonable safeguards whilst matters are investigated and in line with any investigation findings. We do understand that you may wish to remain anonymous and that the subject of your complaint is not made aware that concerns have been raised by you, however, it is unlikely that we will be able to conduct a robust and fair investigation without some limited disclosures and without putting the allegations to the individual concerned. Please do however talk to us about your concerns and we will work with you to agree an approach. What happens if I am accused of bullying or harassment? If someone approaches you informally, please do not dismiss their concerns because you were only joking, or you think the individual is being too sensitive. Different people find different situations and conversations acceptable, and everyone has the right to have their feelings respected by others. If you have offended someone without intending to, the person concerned may be satisfied with an explanation, an apology, and an assurance that you will be careful in future not to behave in a way that you now know may cause them distress. If a formal complaint is made about your own behaviour, the matter will be fully investigated and dealt with in accordance with the appropriate Company procedure. We appreciate that it can be distressing to have a complaint levelled against you and no conclusions will be drawn, or permanent corrective action taken until an investigation has been conducted. We may however need to take steps to limit contact between you and the person raising the complaint and in more serious cases suspend access to the gym until a conclusion can be drawn, but this does not constitute remedial action. Such short term action would be in line with our commitment to implement reasonable safeguards. Depending on the findings of the investigation and in the event that we have a reasonable belief that bullying, or harassment has occurred, remedial action will be taken. This action will vary depend on the perceived seriousness of your actions and your relationship with Kilo Club, but could include: • Employees – disciplinary action or in more serious cases dismissal without notice. • Members – membership warnings or the termination of your membership. • Self-employed PTs / Contractors / agency staff – changes to your contract or the termination of your contract with the Company. In more serious cases, where bullying or harassment may constitute unlawful discrimination and allegations may give rise to other civil claims or criminal proceedings against you, these would proceed independently of any action taken by Kilo Club. It is also extremely important that you do not subject an individual who has made a complaint against you or supported an individual in making a complaint or given evidence in relation to such a complaint to acts of victimisation. Where it is determined that an individual has been subject to victimisation this will likely result in further remedial action. In the event the complaint is not upheld we will provide further support, as appropriate, to ensure that both parties can continue or resume working and working-out at Kilo Club.  

Responsibilities Kilo Club will: • Conduct regular reviews of our policies, processes and working methods to ensure they are free from unlawful discrimination and support a welcoming work and work our environment. • Review the outcomes of cases where complaints of bullying and harassment have been made to check that the proper procedures have been followed and implement changes in response to our learning. • Periodically monitor our success in ensuring that the gym remains aa safe and inclusive environment, where everyone can be themselves such as through the use of confidential surveys. We will however only be able to ensure everyone has dignity at Kilo Club with your help which you can give by ensuring you: • Treat everyone with dignity and respect; whether that’s employees, members, standalone PTs, contractors, or visitors to site. • Act in accordance with our member rules, policies, and any reasonable request from a member of staff. • Consider how your own behaviour may affect others and rectifying that if necessary. Everyone will have their personal reasons for coming to Kilo Club and we want to ensure that everyone can get the most out of their work out or working day. • Are clear with others when you find their behaviour unacceptable, unless it should be obvious in advance that this would be the case • Be considerate and do not dismiss others if they raise concerns about your behaviour informally to you • Intervene if appropriate and it safe to do so, to stop or prevent harassment or bullying and give support to recipients. • Report harassment or bullying in line with the appropriate procedure and provide support to us in the investigation of any complaint • If a complaint of harassment or bullying is made please don’t pre-judge or victimise the complainant or alleged harasser. We at Kilo Club have a particular responsibility to: • Set the right example by our own behaviour. • Support the maintenance of a safe and supportive working and work-out environment. Make sure that all members, employees, contractors, and visitors know what standards of behaviour that are expected of them and take corrective action as appropriate and in line with our policies and procedures where conduct is unsatisfactory. • Take all concerns raised seriously and assume every claim of bullying, harassment or other inappropriate behaviour is legitimate and escalated appropriately. • Ensure employees, members, self-employed PTs, and other contractors know how they can raise any concerns they have and never conceal or discourage someone from raising a legitimate concern. • Ensure employees know what further support is available for them if they have been a victim or accused of, bullying or harassment.