Country: India

Policy Number: POSH-002

Effective Date: 26/02/2024

Purpose

The purpose of the POSH (Prevention of Sexual Harassment) the policy is to establish guidelines and procedures to prevent sexual harassment in the workplace at the Company. The policy is framed in accordance with the provisions the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and Rules in India as well as by ensuring compliance with the Equality Act 2010 in UK. The aim of the Policy is to create a safe, respectful, and inclusive work environment that upholds the dignity and equality of all employees. The policy outlines the company’s zero-tolerance approach towards sexual harassment commitment to promptly address and resolve complaints of sexual harassment, promote gender-sensitive spaces, and educate employees on identifying and reporting instances of sexual harassment, as well as defines unacceptable behaviour, and provides procedures for reporting, addressing, and preventing harassment.

Scope

The policy applies to all staff, including employees, directors, consultants, contractors, trainees, volunteers, and third parties interacting with employees, including clients, customers, suppliers, and visitors of Uptitude. It encompasses all aspects of workplace interactions, including office premises (including any overseas sites), official transportation, offsites, online platforms related to official duties, and conferences, training sessions, or social gatherings. The policy prohibits any form of sexual harassment and ensures that all individuals associated with the company are held accountable for maintaining a harassment-free work environment.

Definitions

1. Aggrieved Individual: A person, of any age, who alleges to have been subjected to any act of sexual harassment at the workplace.

2. Complainant: An aggrieved individual or someone who makes a complaint on behalf of the aggrieved individual alleging sexual harassment under the Policy.

3. Respondent: The person against whom the aggrieved individual/complainant has made the sexual harassment complaint.

4. Sexual Harassment: Defined as unwelcome sexually determined behavior, directly or by implication, including physical contact and advances, demand or request for sexual favors, sexually colored remarks showing pornography and any other unwelcome physical, verbal or non-verbal or written conduct of a sexual nature or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It can take many forms and is not limited to physical actions but includes verbal and non-verbal behaviours.

Policy Statements

Uptitude is committed to providing a safe and respectful work environment that protects the dignity and equality of all employees. The company upholds a zero-tolerance stance against sexual harassment and is dedicated to preventing and addressing instances of harassment promptly and effectively. Aligned with the Sexual Harassment of Women at Workplace Act and Rules, the policy outlines clear definitions of sexual harassment, establishes procedures for reporting and investigating complaints, and emphasizes the importance of awareness, prevention, and education. Through this policy, Uptitude Cloud aims to foster a workplace culture that promotes mutual respect, fairness, and gender sensitivity, ensuring the well-being and security of all employees.

Responsibilities

1. Uptitude Cloud Private Limited: The company is responsible for providing a safe and respectful work environment, enforcing the POSH policy, promptly addressing reports of sexual harassment, and taking appropriate disciplinary action.

2. Employees: All staff members, including employees, directors, officers, consultants, contractors, and volunteers, are responsible for respecting their colleagues, adhering to the POSH policy, refraining from engaging in any form of sexual harassment, and promptly reporting instances of harassment they witness or experience.

3. Internal Committee (IC): The IC is responsible for receiving and investigating complaints of sexual harassment, ensuring confidentiality, conducting fair and impartial inquiries, and recommending appropriate disciplinary actions or measures to prevent future incidents.

4. IC Committee Presiding Officer: Presiding Officer is responsible for overseeing training programs and policy dissemination.

5. Management: The management is responsible for disseminating the POSH policy to all employees, maintain an open-door policy, organizing awareness programs, act immediately on complaints or concerns, providing necessary support to the IC, and communicating any changes or updates to the policy to employees.

6. Individuals in Authority: Those in positions of authority are responsible for preventing sexual harassment within their respective units, processes, or teams, and taking appropriate steps to address any reported incidents.

Procedures

Preventive Steps:

• Dissemination of the POSH policy to all employees, including new recruits, consultants, and vendors.

• Displaying guidelines and IC contact details for awareness.

• Conducting awareness and orientation programs.

• Treating sexual harassment as misconduct and taking disciplinary action.

• Providing assistance to aggrieved individuals filing complaints.

Reporting a Complaint:

• Encouraging individuals who experience harassment to report immediately.

• Complaints shall be submitted in writing to the ICC or to any member of the Internal Committee mentioned herein.

• Verbal complaints could be submitted to a member of IC committee, who is responsible for documentation and further management of the complaint.  

• Complaint must be submitted within 90 days of the incident, The IC may by reasons to be recorded in writing, extend the time period for making a complaint to a further period of 90 days.

• Supporting documents and witness names should be provided.

• Anonymous complaints will be considered but may limit the ability to investigate effectively.

Internal Complaints Committee:

• Separate IC constituted at each workplace.

• IC members hold office for three years and are eligible for reappointment.

• IC receives complaints, meets with the complainant, and gathers details.

• If any member(s) other than the Presiding Officer receives the complaint, he or she shall forthwith call upon the Presiding Officer of the committee to convene the meeting.

• Quorum for committee meeting shall be minimum three members.

• Respondent is provided with the complaint and given time to respond.

• If the respondent is direct supervisor of the complainant, or person influencing the career growth of the complainant, the reporting structure will be changed till the time the enquiry is completed.

• Witness examination conducted, witness statements shared with parties.

• Parties permitted to cross-examine witnesses.

• IC may terminate inquiry or give ex-parte decision if parties fail to attend hearings.

• IC makes recommendations based on investigation findings.

Prohibition of Sexual Harassment:

• Employees prohibited from engaging in any form of sexual harassment.

• Every employee responsible for preventing harassment within their unit or team.

Informal Resolution - Conciliation:

• IC may initiate conciliation between aggrieved individual and respondent.

• Monetary settlement prohibited.

• Terms of conciliation agreement recorded and shared with parties.

Inquiry:

• IC follows principles of natural justice during investigation.

• Due opportunity provided to complainant and respondent to present their cases.

• Complaints must be submitted within 90 days of the incident.

• IC cannot take up anonymous complaints without written consent from the aggrieved individual.

• IC may pass interim measures to assist in the investigation or prevent retaliation.

• The report of the IC shall be forwarded to the management proposing the action to be taken wherever the complaint is found true

Action by the Management

Any report given by the committee for the prevention of sexual harassment shall be considered by the designated disciplinary authority within 7 days from the date of its receipt.

There shall be no need for a further enquiry to take action against the guilty wherever the report is made giving reasons for their conclusions.

If found guilty the following punishment shall be awarded. 

• Any report given by the committee for the prevention of sexual harassment shall be considered by the designated disciplinary authority within 7 days from the date of its receipt.

• There shall be no need for a further enquiry to take action against the guilty wherever the report is made giving reasons for their conclusions.

• If found guilty the following punishment shall be awarded: 

• Warning

• Written apology

• Reduction to lower grade

• Reduction of Increment

• Demotion

• Stoppage of Promotion for two years or more depending upon the gravity of case

• Reassignment of duties including debarring from supervisory duties

• Accepting Bond of Good Behaviour.

• Discharge

• Dismissal

• The decision of the Disciplinary Authority shall be communicated to the accused/Respondent in writing.

• In case an outsider is involved as accused, the Disciplinary Authority shall initiate action by making complaint with the appropriate authority.

• The management shall take action against the guilty as per the company disciplinary Policy

• The action taken on the basis of the complaint & the decision of the management shall be communicated to the complaints in writing.

• For employees of India entity the decision of the disciplinary authority in the above matter is final.

• For employees of UK entity if dissatisfied with the resolution, either party may escalate the matter to the senior management or an external authority.

• The policy or any clause of the Policy shall be amended if it is found necessary

• The Policy is purely internal in nature and as such cognizance of any authority under any statute is always protected.

• The management will ensure support for victims in form of counselling, mediation, or reasonable adjustments to working arrangements.

Dissemination of the Policy

• POSH policy provided to all employees, and new recruits acknowledge receipt.

• CEO is responsible for organizing awareness programs.

• Any changes to the policy communicated to employees by the CEO.

• Employees must complete POSH training annually, with participation tracked via the HR system.

Policy Implementation and Review

• The Company shall in consultation with the Internal committee periodically review the provisions of this Policy and its implementation (taking into account practical problems, if any, faced by the Internal Committee/the Company in the implementation of the Policy). The Company reserves the right to amend the provisions of this Policy, from time to time, as it deems fit, so long as the Policy is in compliance with the provisions of the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and Rules in India as well as by ensuring compliance with the Equality Act 2010 in UK. .

• The policy will be accessible on the company's intranet for employees to consult.

• Display constitution of Internal Complaints Committee at conspicuous places within operational premise. The policy shall be made part of the Corporate Induction module

Miscellaneous

• If you have any questions regarding the Policy , please contact your CEO or a member of the Internal Committee [ICC@uptitude.cloud]

• The Company wishes to inform all its employees that the contents of a Complaint under this Policy and the inquiry proceedings set out hereunder shall be confidential under all circumstances. Except as required by law and based on the advice of legal counsel, the Company shall not disclose to any third party, other than the attorneys and qualifies advisers of the Company, on a need-to-know basis who agree to be bound by the terms of this Policy, information regarding the matters contemplated by this Policy.

UK-specific procedures:

ACAS (Advisory, Conciliation, and Arbitration Service) could be involved when:

• Internal Resolution Fails: If the complainant feels their grievance wasn’t handled adequately, they can approach ACAS for guidance.

• Employment Tribunal Preparation: Before lodging a claim with an employment tribunal, employees are required to engage in early conciliation through ACAS.

• Mediation or Conciliation: ACAS can mediate between the parties to resolve disputes without formal legal proceedings.

• Acas Helpline:

Phone: 0300 123 1100

Hours: Monday to Friday, 8 am to 6 pm

For those who are deaf or hard of hearing, Acas offers a text relay service through Relay UK:

Text Relay: 18001 0300 123 1100

You can use this service with the Relay UK app or a textphone.

False or Malicious Complaint and Evidence

• During the course of an enquiry being conducted by the Internal Committee, if found that the Complainant has

• made a false or malicious complaint; or

• submitted false documents implicating the Respondent and if found guilty, the consequences include disciplinary action including a written apology, warning, reprimand or censure, paying compensation, withholding of promotion, withholding of pay rise or increments, termination from service or undergoing counselling sessions or carrying out community service or any other disciplinary action as it may deem fit against the Complainant.

• It is clarified that mere inability of the Complainant to substantiate a Compliant made to the Internal Committee shall not amount to false or malicious complaint.

Annual report summarizing complaints and Redressal of Sexual harassment shall be prepared by designated person. The said report as well as all documents regarding Sexual Harassment complaints shall be in the custody of designated person and will be termed as ‘Confidential’.

This policy has been reviewed and approved by the CEO. 

Last Reviewed: 06/01/2026