Harassment and Bullying Policy

Transcription

1 Harassment and Bullying Policy Author/Reviewer: AP HR Date Approved: Nov 2006 Where Approved: Corporation Date of Issue: Nov 2008 Impact Assessment: Apr 2009

2 1 INTRODUCTION GUIDELINES ON BULLYING & HARASSMENT Nescot is committed to the elimination of discrimination on the grounds of sex (including, marriage & pre or post operative gender reassignment), sexual orientation, race, colour, nationality, social origin, language, creed, ethnic or national origins, age, disability, family, religious or political beliefs, trade union membership and health and safety. The College is also committed to promoting diversity and practicing equality of opportunity and aims to create a culture and environment for learners and staff to be treated equitably. It is the right of every member of staff to work at the college without fear of harassment, bullying or victimisation. The College recognises the problems associated with bullying and harassment and is committed to providing an environment in which all individuals can operate effectively, confidently and competently. If a complaint is brought to the attention of management it will be investigated promptly and appropriate action taken, which will include taking steps to put a stop to the behaviour that is causing offence, and in most circumstances the initiation of disciplinary action against the harasser. This policy aims to provide information to staff about the behaviour that could be considered to be harassment or bullying, and the procedure that anyone should follow who considers that they are subject to bullying or harassment. It does not form part of your contract of employment and can be amended at any time. 2 BACKGROUND Bullying and harassment is a serious problem, which has often been dismissed as individuals being over sensitive. It can affect people s health, work performance, promotion, job prospects and ultimately the success of the College. Bullying and harassment is unacceptable in the College, whether or not it is unlawful. 3 WHAT IS BULLYING AND HARASSMENT? There are many definitions of bullying and harassment. Harassment is unwarranted, unwelcome and uninvited behaviour, which is intimidating, humiliating, degrading, offensive or distressing, which affects the dignity of any individual or group of individuals at the College. Bullying is a form of harassment and can be defined as the persistent demeaning of an individual through malicious or insulting behaviour, which attempts to undermine an individual, or a group of employees causing them to suffer stress. Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.

3 3 Harassment and bullying may be either repetitive or an isolated occurrence. It can take a number of forms from overt physical contact to subtler forms which create an unpleasant and intimidating environment in which to work or study i.e. rude, discriminatory or sexist jokes. The most serious incidents can include physical assault. Harassment and bullying may include the following: Physical - contact e.g. touching, patting, assault or gestures, intimidation, aggressive behaviour. - unwelcome remarks, offensive or unwanted suggestions or propositions, name calling, malicious gossip, insults, jokes and banter. - offensive literature or pictures, graffiti and computer imagery, unfair allocation of work, isolation or non co-operation and exclusion from social activities, or persistent unwelcome attention such as following of any individual/group, unsolicited text messages or s or silent telephone calls. The examples listed below include some of the types of harassment/bullying that the College considers are unacceptable, and will be investigated and dealt with under the Staff Grievance and/or Disciplinary Procedure, but they are not exclusive or exhaustive, and other incidents of a similar nature will also be dealt with in this way: 3.1 Sexual harassment is defined as unwanted conduct on the grounds of the recipient s sex; or unwanted conduct of a sexual nature, which has the purpose or effect of violating the recipient s dignity; or of creating an intimidating, hostile, degrading, humiliating or offensive environment. Discrimination and victimisation is not just on the grounds of gender but also includes marriage or because someone intends to undergo, is undergoing or has undergone gender reassignment. Such behaviour may be verbal, non-verbal or physical and examples may include: telling sexual stories or jokes making sexual innuendoes making suggestive comments about a person's dress or appearance sexual propositions asking questions about personal or sexual life continued suggestions for social activity outside the workplace after it has been made clear this is unwelcome winking, leering, whistling making suggestive gestures displaying pornographic pictures, or "pin-ups" or images on a computer screen Physical unnecessary touching, patting, pinching touching or rubbing of oneself sexually in front of another coerced sexual intercourse

4 4 3.2 Racial harassment may be defined as behaviour of a racial nature or based on the person s race which is unwelcome, offensive or intimidatory to the recipient. Such harassment can include attacks on property as well as on the person. Example as of such behaviour include: racist and patronising remarks racist and offensive "jokes", ridicule and innuendo stereotypical comments and generalisms racial name-calling or nicknames linked to nationality or skin colour intrusive questioning regarding a person's racial or ethic origin, culture, religion or beliefs offensive remarks about accent or dress making comments about a person s organisational skills, handwriting or spelling racist graffiti exclusion from normal work conversations or social events ignoring/excluding people from different racial groups display or circulation of racially offensive material including by unfair allocation of workload 3.3 Harassment of Homosexual, Bisexual or Heterosexual men or women or harassment that is based on a person s sexuality and assumes that one is more superior to another or is seen as normal and natural form of sexual relationship is unacceptable Examples of such behaviour include, but not exclusive to: homophobic "jokes" gossip and innuendos teasing, taunting or name calling linked to sexual orientation making stereotypical assumptions about lesbians and gay men inviting husbands and wives only to events assuming that all gay men are HIV positive exclusion from normal conversation exclusion from workplace functions or social events displaying or circulating offensive material sneering or whispering doing stereotypical impressions of lesbians and gay men 3.4 Harassment of people with disabilities by the able bodied is harassment based upon a person s physical or mental disability and is offensive or intimidatory to the recipient. A disability can be both seen and unseen. Examples of such behaviour include: use of offensive or patronising language name calling, nicknames and "jokes" that might be demeaning to a person with a disability asking intimate questions about a person's disability assumptions that disabled people don't have a social, or sexual life

5 5 assuming that physical disability equals mental disability exclusion from workplace social events speaking to others rather than to the person with a disability mimicking a disabled person s speech, movements or mannerisms persistent staring at someone who has a disability uninvited touching Furthermore, people suffering or recovering from mental illness should not be treated adversely. A fear of mental illness can manifest itself by offensive jokes or behaviour. Fear and embarrassment can lead to those colleagues returning to work after a breakdown being avoided and ignored, when they are likely to need friendly, open support. 3.5 Harassment on grounds of age can involve both older and younger people because of negative assumptions about their ability or experience. This can include: jokes about someone s age, or that make fun of older people, eg remarks about baldness or wrinkles name calling or nicknames, eg referring to someone as an old codger or young whippersnapper ageist banter teasing or taunting someone because they have a much older or younger partner comments about someone s ability, physical or mental faculties because of their age Nonverbal sending a birthday card that contains potentially offensive remarks about their age ignoring someone because they are too old or too young to contribute anything useful belittling or dismissing someone s ideas as inferior or worthless because of their youth not inviting an older person to a social gathering because it is assumed that they won t fit in with younger colleagues (or vice versa) 4 VICTIMISATION Any complainant has the right not to be victimised as a result of bringing to the attention of the alleged harasser, or management, any conduct that the individual finds unwanted. Victimisation or retaliation against an employee for bringing a complaint of harassment will be treated as a disciplinary offence and dealt with accordingly under the terms of the Staff Disciplinary Procedure. 5 WHAT TO DO IF YOU THINK YOU ARE BEING HARASSED OR BULLIED 5.1 It may be possible or appropriate in some cases to attempt to resolve the matter informally by talking to the perpetrator, telling them how you feel and asking them to stop this behaviour. However, the College recognises that making a complaint of harassment is likely to be a distressing experience and

6 6 that it may be difficult for you to raise complaints directly with your line manager or the person concerned. If you are in doubt as to the best way to proceed, you should contact Human Resources for advice. 5.2 If you are unable to resolve the matter informally or they do not stop the behaviour after you have spoken to them, then you should share your concerns with a member of Human Resources or Learner Services, the College Counsellor or your trade union representative and agree a way forward, which may include raising your concerns on your behalf either with the perpetrator, or with your line manager. 5.3 If this is unsuccessful, then you should refer the matter to Human Resources to seek advice as to the best way forward. Normally, the alleged harasser will be suspended from duty on full pay while the investigation is undertaken in order to protect all parties from further allegations and to ensure that the investigation proceeds unhindered. However, there may be circumstances, where it may be in the best interests of the College to suspend both parties pending the outcome of the investigation. 5.4 Normally the next stage will involve action under the Staff Disciplinary Procedure. 5.5 Where possible your confidentiality will be maintained, and your concerns will be dealt with in a sensitive manner. 5.6 Both the complainant and the perpetrator who has been accused of harassment may access a confidential counsellor to receive appropriate support and advice while the allegation is investigated. Staff can contact the 24-hour free employee telephone counselling helpline on , details of which can be obtained from Human Resources. 5.7 If you consider that the College has not dealt with your complaint appropriately, speedily enough or that the action taken has not resolved the problem, you may refer the matter to the Staff Grievance Procedure to seek further resolution. 5.8 If anyone makes an unfounded or malicious complaint of harassment or bullying, they will be dealt with under the Staff Disciplinary Procedure. 5 RESPONSIBILITIES It is the duty of every member of the College (staff or learners) and those visiting the College premises to take responsibility for their behaviour and modify it if necessary, as harassment is not acceptable under any circumstances. In the event of a failure to do so disciplinary action in accordance with the Staff Disciplinary Procedure may be a consequence and anyone found responsible may also be held personally liable should the person who has been harassed undertake legal proceedings. In communicating this to staff, managers are required to ensure that the policy is effectively applied and that harassment does not occur. Failure to do so could result in disciplinary action in accordance with the disciplinary procedure.

7 7 Anyone experiencing harassment has the right to avail themselves of this procedure on harassment. The College will ensure that this policy is widely publicised and its contents made known to all staff and where practicable contractors and visitors. 6 TRAINING Training will be provided, as appropriate, to all managers to ensure they gain knowledge, skills and awareness necessary to operate the College s policy and relevant legislation efficiently and effectively and to disseminate this to all staff. Those involved in confidential counselling and who may be part of any investigation will receive specialist training. This policy will be incorporated into all aspects of training wherever appropriate, e.g. induction and management development programmes. 9 REVIEW AND MONITORING OF THE GUIDELINES It will be the responsibility of Human Resources through the ACC & SSCC and the Employment Committee to review and monitor the progress of these guidelines and bring about changes where necessary.