ANTI-HARASSMENT AND BULLYING POLICY

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1 ANTI-HARASSMENT AND BULLYING POLICY 1 PURPOSE OF POLICY 1.1 The purpose of this policy is to ensure that all employees are treated with dignity and respect and free from harassment or other forms of bullying at work. 1.2 The Company has a duty to provide its workers with a safe place and system of work. This includes a workplace free from harassment and bullying which may, in certain circumstances, also amount to unlawful discrimination. 1.3 This policy confirms the Company s commitment to identifying and eliminating all forms of harassment, intimidation and bullying. 1.4 This policy is for guidance only and does not form part of an employee s contract of employment. 1.5 Breach of this policy will be dealt with under the Company s disciplinary procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal. 2 PERSONNEL RESPONSIBLE FOR IMPLEMENTATION OF POLICY 2.1 Managers have a specific responsibility to ensure that employees understand the standards of behaviour expected of them. They must identify and act upon behaviour that falls below these standards. 2.2 All employees must treat their colleagues with dignity and respect. Every employee should consider whether their words or conduct could be offensive

2 to others. Although harassment and bullying behaviour may not always be intentional, it is never acceptable. 2.3 Employees should disclose any instances of harassment or bullying of which they become aware to their Line Manager, whether they were themselves the victims or witnessed an incident involving another person. 3 WHO IS COVERED BY THE POLICY 3.1 This policy applies to every individual working for the Company irrespective of their status, level or grade. 4 WHAT ARE HARASSMENT AND BULLYING? 4.1 Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of diminishing an employee s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. 4.2 A single incident of unwanted or offensive behaviour to one individual can amount to harassment. 4.3 Examples of harassment include: unnecessary or unwanted physical contact, even where the employee considers it to be inoffensive, and which can include the invasion of personal space, touching or brushing against another employee s body as well as assault or coercing sexual relations; unwelcome sexual behaviour, which might be perceived by the offender to be harmless flirting, and which may involve suggestions, advances, propositions or pressure for sexual activity; suggestions that sexual favours may further an employee's career or that refusal of sexual favours may hinder it; continued suggestions for social activity within or outside the workplace after it has been made clear that such suggestions are unwelcome; Harassment Policy 2

3 4.3.5 inappropriate behaviour whether in the form of offensive or intimidating comments or gestures or insensitive jokes or pranks; the display or circulation of offensive pictures, objects or written materials which, for example, may be considered pornographic or offensive to particular ethnic or religious groups; unwanted conduct or conduct that has the purpose or effect of violating an individuals' dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment on the grounds set out in Clause 1.3 of the Diversity & Inclusion Policy. 4.4 Bullying is offensive, intimidating, malicious or insulting behaviour which, through the abuse or misuse of power, may make the recipient feel vulnerable, upset, humiliated and threatened. Power includes both physical strength and the power to coerce others through fear or intimidation. Bullying is often a form of harassment and can undermine an individual s selfconfidence, competence and self-esteem. As with harassment, bullying can take the form of physical, verbal and non-verbal conduct. In addition to the manner in which employees speak to and about one another, written material and pictures can also be used to bully. These include s, text messages, film clips and photographs taken using cameras and mobile phones, as well as content uploaded onto websites. 4.5 Bullying does not include legitimate and constructive criticism of a worker's performance or behaviour or reasonable requests made of workers. 4.6 Examples of bullying include: shouting at, being sarcastic towards, ridiculing or demeaning others; making physical or psychological threats; overbearing supervision and making inappropriate and/or derogatory remarks about a worker's performance; abuse of authority or power by those in positions of seniority; unjustifiably excluding colleagues from meetings/communications. Harassment Policy 3

4 4.7 This policy covers harassment or bullying of an employee of the company by another or otherwise by an employee in the course of their work 5. INFORMAL PROCEDURE 5.1 If an employee considers that they are being bullied or harassed they should seek support from their Line Manager. Managers will provide confidential advice and assistance to employees who believe they have been bullied or harassed and will offer to assist in the resolution of any problems, whether through informal or formal means. Employees should keep a written record of any incidents they feel are bullying or harassment. 5.2 If employees are in any doubt as to whether an incident or series of incidents which have occurred constitute bullying or harassment, in the first instance they should approach their Line Manager confidentially, on an informal basis. Line Managers will be able to advise employees how their concerns should be dealt with. In circumstances where the employee s Line Manager is believed to be responsible for these incidents the employee can either approach a more senior manager or a member of staff in the Human Resources Department. 6 FORMAL PROCEDURE 6.1 If it is not appropriate or possible to resolve matters informally or, if after informal steps have been taken, the conduct continues, employees should follow the formal procedure. 6.2 The employee should set out the following in a written grievance : full details of unwanted conduct; name of harasser or bully; nature of harassment or bullying; dates and times when harassment or bullying occurred the names of any witnesses to any unwanted conduct Harassment Policy 4

5 6.1.7 any action taken so far in an attempt to stop the harassment or bullying This should be given to the employee s Line Manager. 6.2 Generally, the decision to progress a complaint rests with the employee who initially raised it. However the Company has a duty to protect all of its workers and may be obliged to pursue a complaint independently. 7 FORMAL PROCEDURE: INVESTIGATION 7.1 Complaints will be treated in a confidential manner through an independent investigation to establish full details of what happened. The employee s name and the name of the alleged harasser or bully will not be divulged other than to those individuals involved in the investigation whose participation requires it. The investigation will be thorough, impartial and objective. 7.2 Consideration will be given to whether the alleged harasser or bully should be redeployed temporarily, or suspended on full pay or whether reporting lines or other managerial arrangements should be altered pending the outcome of the investigation. 7.3 The investigation may involve obtaining evidence from the employer who has raised the grievance, the alleged harasser or bully and any witnesses to the alleged events giving rise to the complaint. 7.4 The evidence obtained from the investigation shall be considered during the grievance hearing. 7.5 Following the grievance hearing, if it is determined that harassment or bullying has occurred, prompt action will be taken to stop the harassment or bullying immediately to prevent its recurrence. The Company will address the concerns that have arisen under its disciplinary procedure. Harassment Policy 5

6 8 PROTECTION FOR THOSE MAKING COMPLAINTS OR ASSISTING WITH AN INVESTIGATION 8.1 Employees who, in good faith, make complaints or who participate in any investigation conducted in terms of this policy will be protected from any form of intimidation or victimisation as a result of their involvement. 8.2 An employee who considers that they have been subjected to any such intimidation or victimisation should seek support from their Line Manager or a member of staff in the Human Resources Department. They may alternatively or additionally raise a complaint in writing under this procedure or the Company s grievance procedure. 8.3 Any employee who is, after investigation, found to have provided false information or to have acted in bad faith will be subject to action in terms of the Company s disciplinary Procedure. 9. CONFIDENTIALITY 9.1 Confidentiality is vital to the success of this policy. Every employee involved in the operation of the policy, whether making a complaint or involved in any investigation, must observe the high level of confidentiality that is required when dealing with such matters. 9.2 A breach of confidentiality may give rise to disciplinary action under the the Company s disciplinary Procedure. Harassment Policy 6