Zero Tolerance - Dignity and at Work. Dealing with Harassment, Discrimination & Bullying YOUR GUIDE

Transcription

1 Zero Toerance - Dignity and at Work Deaing with Harassment, Discrimination & Buying YOUR GUIDE Incudes Unite Checkist for representing a member who has been harassed or buied and a Mode Agreement

2 This Guide contains information on: Section 1: Harassment, Discrimination & Buying: 5 A workpace and Trade Union Issue Section 2: Representing a Member Suffering 10 Harassment, Discrimination or Buying Section 3: Harassment, Discrimination, Buying and the Law 14 Section 4: Getting the Union Representation Right 17 Section 5: Unite Listening Support Network 19 and HDB(1) Report Form Section 6: The Negotiating Agenda for Zero Toerance 20 Section 7: Negotiating a Dignity at Work Poicy 22 Section 8: Mode Agreement, Unite Reps Checkist 23 and copy of HDB(1) Report Form How to use this guide If you are experiencing harassment, discrimination or buying See section 1 for information on how Unite can hep If you are asked to represent a member compaining of harassment or buying Use the guidance in section 2 on representing a member, section 3 on the aw, section 5 on istening support avaiabe, and use the Checkist for Representatives and the HDB(1) Report Form in section 8 If you are asked to represent a member accused of harassment or buying See section 4 on getting the representation right and use the HDB(1) Report Form in section 8 If you want to negotiate dignity at work poicies See section 6 on the Unite negotiating agenda, section 7 on negotiating a workpace poicy, and section 8 for the Unite mode agreement 2 ZERO TOLERANCE

3 Message from the Genera Secretary Winning equaity at work is a fundamenta principe of trade unionism. Unite the Union is opposed to a forms of workpace harassment. Workpace harassment and buying are some of the most serious forms of discrimination. As part of our commitment to ending discrimination at work and promoting fair and decent workpaces, the union needs to ensure that no member suffers harassment, discrimination or buying. The union aso has ega obigations. A representatives must make sure they understand how to dea with harassment, discrimination and buying and foow these guideines. Pease pay your part in ensuring a working men and women are treated with dignity and respect. Len McCuskey Genera Secretary Introduction Harassment, Discrimination and Buying cause untod misery and humiiation to thousands of workers, particuary women, back, Asian and ethnic minorities, disabed workers, LGBT, young and oder men and women every year. A Unite the Union members shoud be abe to turn to the union for advice, support and representation if they are subjected to unwanted, offensive attention, excusion, verba or physica abuse and undermining of their capabiities. Unite representatives need to be fuy aware of harassment, discrimination and buying to dea with it effectivey, to provide support to members, and to ensure workpaces where there is zero toerance of a forms of harassment, discrimination and buying. This booket provides guidance for members and representatives on tacking harassment, discrimination and buying if it arises, on preventing it from occurring in the first pace and on ensuring workpaces where there is dignity and respect for a. For regiona back up and support, pease see contact detais inside the back cover. Diana Hoand Assistant Genera Secretary Equaities Siobhan Endean Nationa Officer for Equaities Coette Cork-Hurst Nationa Officer for Equaities ZERO TOLERANCE 3

4 ZERO TOLERANCE OF HARASSMENT, DISCRIMINATION & BULLYING Unite the Union Rues on Equaity Rue To promote equaity and fairness for a, incuding activey opposing prejudice and discrimination on grounds of gender, race, ethnic origin, reigion, cass, marita status, sexua orientation, gender identity, age, disabiity or caring responsibiities. Unite Poicy Unite the Union has an important tradition of representing members who have been harassed, discriminated against and buied, and cear poicy in support of zero toerance and dignity at work. Poicy cas for: Good workpace poicies and procedures to prevent and dea with a forms of harassment, discrimination and buying. Recognition for Unite Listening Support Network on harassment, discrimination and buying. Community and workpace action on domestic vioence, disabiity hate crime, racist attacks, homophobic and transphobic hate crime, attacks on young peope and targetting oder peope. The Unite HDB(1) Report Form at the back of this guide is important for ensuring fair procedures and for monitoring cases of harassment, discrimination and buying. 4 ZERO TOLERANCE

5 Section 1 Harassment, Discrimination & Buying: A Workpace and Trade Union Issue What are harassment, discrimination and buying? Harassment, discrimination and buying compaints present some of the most chaenging cases for representation at work, incuding the union s ega responsibiity to get the case absoutey right. At the workpace, harassment and buying degrade individuas and create a work environment of fear and intimidation which undermines trade union unity. It can aso be a contributing factor to other workpace issues, such as unequa pay, job insecurity, sickness absence and ack of progression. What is important in any definition of harassment is the compainant s perception of the behaviour. If she or he finds the behaviour unwecome, then that members case must be treated seriousy. Harassment can take different forms, for exampe verba, written, or physica abuse, excusion, gestures, graffiti, pictures, fags or embems. It may be a one-off or continuous incident. The impact of harassment needs to be recognised. Peope suffering harassment need to have confidence they are being istened to and taken seriousy. The ega definition is broady that harassment is unwanted conduct that vioates peope s dignity or creates an intimidating, hostie, degrading, humiiating or offensive environment. Discrimination means ess favourabe treatment reated to your sex, race, disabiity, sexua orientation, gender identity, caring responsibiities, age, reigion or beief, cass, or other persona characteristic. It can affect pay, hours of work, training, promotion and conditions at work. Buying is unwecome behaviour which is offensive, humiiating, abusive and mosty carried out by using unwarranted or invaid criticism. Aso by isoating the person and focusing on distorted or fabricated aegations of underperformance and misuse of power. It often incudes threats, abuse, teasing and practica jokes which make the recipient fee upset, threatened, humiiated or vunerabe. Buying and harassment may be by an individua against an individua (perhaps by a manager or supervisor) or invove groups of peope. It may be not aways be obvious but it is aways unwanted and unwecome. Buying and harassment can be face to face or in written communications, emai, phone, and automatic supervision methods such as computer recording of downtime from work. Buying and harassment cause anxiety, humiiation and hepessness. It makes peope frightened and demotivated, causes stress, oss of sef-confidence and sef-esteem and can ead to job insecurity, iness, absenteeism and even resignation. Amost aways job performance is affected and reations in the workpace suffer. What are the different forms of workpace harassment? Sexua harassment is a form of sex discrimination. It takes pace when someone is subjected to unwecome and unwanted sexua behaviour or other conduct reated to gender. It is overwhemingy women who suffer from sexua harassment, but some men experience it too. Young men and gay men can be particuary vunerabe to this sort of victimisation. Sexua harassment incudes unwecome behaviour which can range from eering ooks and verba abuse of a sexua nature, dispaying pin ups and other sexuay suggestive pictures, objects or written materias, unwecome touching and, in extreme cases, assaut and even rape. Racia harassment is a form of race discrimination. It takes pace when someone is subjected to unwecome and unwanted racia behaviour, or other conduct reated to race, coour, ethnic or nationa origins. Racia harassment can range from racia jokes, graffiti, ridicuing or insuting ZERO TOLERANCE 5

6 and name caing because of someone s race or nationaity, cartoons or pictures that degrade peope of a particuar racia or ethnic group, deiberate excusion from norma workpace conversation or socia events and even physica assaut. Harassment of disabed workers and unwanted behaviour based on a person s impairment or condition is disabiity discrimination. Harassment may be directed at an individua or a group. It can be patronising or offensive comments, inappropriate reference to a person s disabiity, unwecome discussion of the impact of disabiity, communicating with a disabed person via a third party, prejudging a disabed person s capabiities, unwecome interference with persona aids or equipment, uninvited physica contact, staring, or refusing to work with or excusion of peope with disabiities from socia events or meetings. Harassment reated to age is age discrimination and can affect both young and oder workers. This can take the form of ageist jokes, derogatory remarks, buying, name caing, assumptions regarding the person s abiity to earn, offensive remarks, overbearing supervision or unjust criticism, inappropriate initiations for new workers, ignoring views and opinions, excusion or isoation and setting a person up to fai. Homophobic buying and harassment of esbian, gay and bisexua (LGB) workers is discrimination reated to sexua orientation. It can incude offensive banter, unwanted sexua references, spreading maicious rumours, verba abuse, name caing, stereotyping, fase aegations of misconduct, actua or threatened unwanted discosure of sexua orientation, derogatory comments, ack of recognition and excuding same-sex partners from socia events, intrusive questioning about a person s domestic circumstances and threatened or actua physica or sexua assaut. Harassment reated to Reigion or beief is discrimination. It can take the form of offensive comments or jokes, refusa to work with a person because of their reigion/beief or non reigion/beief, excuding a person from socia events or meetings, making assumptions about a person s reigion/beief or non reigion/beief, mocking practices associated with particuar reigions or beiefs, unfair aocation of work and intimidation. Harassment reated to gender identity is a form of discrimination. It is unwanted behaviour against trans peope. It can happen when a person intends to undergo, is undergoing or has undergone gender reassignment and equay when this is not the case. It can incude hostie and intimidating behaviour, demeaning treatment reating to the person s sex and sexua orientation, excusion from workpace activities, refusa to share toiet and other workpace faciities, taunts, verba and physica abuse. Why does buying occur and what forms does it take? Buying may occur for many reasons and anyone may become a target. Buying may be part of the cuture of an organisation. It may be seen as strong management, or even as the effective way of getting things done. What is increasingy cear is that organisationa factors pay an important part in whether or not buying takes pace at work. The sorts of workpaces where buying is more ikey to occur are those where there is: an extremey competitive environment, fear of redundancy, envy among coeagues, an authoritarian stye of management and supervision, organisationa change and uncertainty, ack of training, deskiing, poor work reationships, no cear codes of acceptabe conduct, excessive workoads and demands on peope and no procedures for resoving probems. Buying at work can take many forms: it might be overt and insinuating or it coud be more subte and insidious, graduay wearing the person down over a period of time. It may occur in front of others, who are often too afraid of becoming the next target to do anything to support the buied person. Very often, however, there are no witnesses and the victim is afraid of taking action. 6 ZERO TOLERANCE

7 The most common forms of buying are: using fear tactics, threats, abuse; ridicuing or beitting, often in front of others, incuding teasing or jokes to humiiate; using excessive supervision; being excessivey critica; constanty taking the credit for the other person s work but never taking the bame when things go wrong; constanty overruing the person s authority or removing whoe areas of work responsibiity resuting in deskiing. Other forms of buying incude: setting impossibe objectives or constanty changing the work remit without teing the person, and then criticising or reprimanding them for not meeting demands through deiberatey withhoding information, ostracising, marginaising, excuding, spreading maicious rumours, refusing reasonabe requests for eave, training, or bocking the person s promotion. The Law Harassment as a form of discrimination is unawfu and empoyers can be iabe for empoyees who harass others at work. Empoyers are responsibe for protecting their empoyees heath and safety, and buying can be raised as an industria reations issue and as a heath and safety issue. Section 3 gives detais of the aw in cases of harassment and buying in Engand, Scotand, Waes, Northern Ireand and the Irish Repubic, as we as making reference to European aw and Internationa standards. Crimina charges can be brought against harassers especiay in cases of physica assaut. In addition, the courts have aso awarded damages on the grounds that the empoyers and supervisors were negigent in their duty to protect an empoyee. The responsibiity of the union As we as having a cear mora responsibiity to take action on harassment and buying, the opposition of the union to a forms of harassment and buying is set out in Rue, as incuded at the beginning of these guideines. The union aso has a ega duty to ensure that compaints are taken up and deat with correcty. These guideines and the HDB(1) Report Form procedures expained in these guideines are crucia reading for every shop steward/workpace representative, union equaity representative, safety rep and officer. The union has a ega requirement under equaity aw in Engand, Scotand, Waes, N. Ireand, Repubic of Ireand and Europe to offer its services without itsef discriminating. This is particuary important to take into account where both the compainant and the aeged harasser/buy are members of the union (pease refer to section 4 on getting representation right). How widespread is harassment, discrimination and buying? Surveys show just how common harassment and buying is: The TUC survey of safety reps in 2010 found that one in three safety reps identified harassment and buying as a probem in their workpace that was inked to stress. The survey identified that one fifth of a UK empoyees have experienced some form of buying or harassment over the ast two years. The survey aso reported that the groups most ikey to become victims of harassment and buying are BAEM empoyees, women and disabed workers. Neary one third (29%) of Asian empoyees have experienced some form of harassment or buying, compared with 18% of white empoyees. Disabed workers are at east twice as ikey to experience one or more forms of harassment and buying. A 2012 study by University of Sheffied and Nottingham University showed that eight out of 10 respondents had experienced cyberbuying for exampe receiving an offensive text or emai at east once over the past six months. The researchers aso found that the impact of ZERO TOLERANCE 7

8 cyberbuying on workers menta strain, ower job satisfaction and webeing coud be higher than that of other forms of buying. In addition, because of the remote, invisibe nature of cyberbuying, peope fet ess empathy for the victims, and those who were subjected to it were ess ikey to report it. Amost one in 20 workers had suffered vioence in the workpace according to ESRC and of those who reported, 13% said assaut was a daiy experience. Majority of the attackers were customers, cients or members of the pubic. Widespread probems of workpace harassment and buying are backed by the union s own experience. Whie the number of harassment and buying incidents reported to the union varies throughout the country, in some regions as many as one or two serious new cases arise every week. In the past, union members suffering harassment or buying have been reuctant to report it, party because of their own embarrassment and party through a ack of confidence that reporting the incident wi improve their situation. Times have changed though. More and more women and men are now demanding redress. Unite the Union is firmy committed to supporting members suffering harassment, discrimination and buying at work and to ensure it is stamped out of every workpace. No aughing matter Some peope think that sexua remarks, for exampe, jokes and touching are just a bit of fun at work, that racia stereotypes, anti-gay banter or name-caing reated to age or disabiity are ony objected to by those with no sense of humour. But where this attention is unwanted, it can cause a great dea of distress, through embarrassment, intimidation, isoation and excusion. Our campaign against harassment and buying is not about stopping socia banter between friends but ensuring that a members fee safe and comfortabe in their working environment. Above a, harassment and buying is about power. It refects the position of women, back, Asian & ethnic minorities, disabed, LGBT, young and oder peope in society, which is why harassers and buies are often ine managers, and the victims under their supervision. But harassment and buying is aso common among empoyees on the same grade. The effects can be particuary distressing in workpaces in which few women or back, Asian or ethnic minorities work, where part-time, agency and migrant workers face harassment and buying, where disabed workers are overooked and LGB workers are not out in the workpace, trans workers are targeted, young workers are undermined and oder workers are not given the opportunity to deveop. Harassment, discrimination and buying aim to undermine the person targeted, often eaving them feeing humiiated and acking confidence. It is not ony their work performance that can suffer, but their heath and home or socia ife as we. Their pay rate and the job itsef can even be put at risk. Case A A coege in Nottinghamshire agreed to pay 15,000 compensation and to issue an apoogy and a positive reference to a disabed worker. The empoyee who had ME (Chronic Fatigue Syndrome) was sacked from her job as a Disabiity Co-ordinator. The Coege Principa took over her ine management and faied to adjust her working hours to accommodate her disabiity and she was consistenty buied and intimidated by her for a engthy period unti she was forced to take extended sick eave. 8 ZERO TOLERANCE

9 For some women, back, Asian and ethnic minorities, and others who have raised harassment issues, ife at work becomes so miserabe that they may ask for transfers or resign. No one shoud ever be forced to do this. Some harassment cases come to ight as a resut of an investigation into discipinary charges. For exampe a woman might be discipined over a trivia work probem after rejecting the sexua advances of a manager. Unite the Union is committed to fighting harassment and buying in a its forms. The union recognises harassment as a discipinary matter and wi support members who experience harassment and buying by activey pursuing their case through grievance procedures and where necessary, ega proceedings. Whatever the circumstances, a workers have a right to a working environment which is free from harassment, discrimination and buying, and they shoud not be made to fee guity or embarrassed for exercising those rights. ZERO TOLERANCE 9

10 Section 2 Representing a member suffering harassment, discrimination or buying A sympathetic approach It is important that a representatives are sympathetic to any members compaining about harassment, discrimination and buying. Representatives shoud remember that: Members in this stressfu position are ikey to find it difficut to expain the probem ceary and quicky It may be extremey embarrassing for the member to revea specific remarks made about their appearance, name-caing, sexua suggestions, racist abuse and in particuar any physica abuse A victim may not have even tod their famiy or friends because of its highy persona nature and fears about whether they wi be seen in any way as party responsibe The member may need reassuring that the union opposes harassment and buying Every representative shoud be aware of these difficuties. If a member makes a compaint about harassment and buying, it is crucia that she or he does not become isoated. Representatives shoud make every effort to ensure a hostie environment does not deveop. Pease refer to the Checkist for interviewing a member on harassment and buying, part of the HDB(1) Form at the end of this Guide. Listening support In cases of harassment and buying, it can be important to offer the member the opportunity to speak to a member of the Unite Listening Support Network (pease refer to Section 5 for more detais). This additiona support is compementary to workpace representation, officer support, and ega back up avaiabe. The nature of harassment, discrimination and buying can mean that cases may go unreported where members do not fee confident or comfortabe raising the issue, which is why the Listening Support Network was set up. It is the union s aim that a women compainants in sexua harassment cases shoud have the opportunity to tak to a Unite woman representative in the first instance, and that this commitment aso appies to back, Asian and ethnic minority members, disabed members, LGBT, young and oder men and women members. The Regiona Women s & Equaities Organiser wi hep identify a member to provide istening support to the compainant from the Unite Listening Support Network. Case B A young woman member had been pestered with unwanted attention by the shop manager where she worked. The harassment cuminated in a physica assaut on the young woman. She first approached a mae union officer but found it too embarrassing to give him the fu detais. A woman fu time officer was caed in to overcome this difficuty and get the detais of the compaint. The union then took up the young woman s case. Support from other women encouraging her to pursue the case was crucia throughout the ead up to the Tribuna hearing. Once the Tribuna was under way, the evidence in support of the young woman was overwheming, eading the Tribuna s chairperson to suggest an out of tribuna settement. At first the company refused, but on taking ega advice made a four figure offer. 10 ZERO TOLERANCE

11 Agreeing a way forward Confirm that the member does not want or wecome this sort of behaviour and make notes of the reported incident or incidents for your own record. You shoud aso give the member firm assurances that the matter wi be treated in strictest confidence. Action carried out on his or her behaf even having a quiet word must ony take pace with their fu consent. Procedures for deaing with harassment and buying, aong with their ega rights, shoud be ceary outined to the compainant, using the HDB(1) Report Form. Representatives must be certain that the member is wiing to pursue the proposed course of action. The HDB(1) Report Form This Report Form is very hepfu in assisting representatives foow the correct procedures, and as we as a checkist for interviewing the member, it incudes a section for the member to sign confirming they are aware of ega deadines, incuding the need to raise a forma grievance, and their responsibiities in this regard. Pease refer to Section 5 for more detais and there is a copy of the form in Section 8. In any event, you shoud aways advise the compainant to keep fu notes of incidents invoving the harasser or the buy incuding times, ocations, what happened, any witnesses and copies of incriminating emais, texts or etters. These notes may be crucia if further harassment, buying or victimisation takes pace and of course, if a ega case is taken. You may aso need to discreety ask other workers if they have had simiar experiences athough you shoud get the member s approva before you do this. Again assure the member that confidentiaity wi be maintained in any of these discussions. It is important to stress that the representative s strategy in deaing with the harassment depends primariy on how the compainant views the harassment, not on how anyone ese woud see it. For exampe comments about persona reationships and appearance might be extremey distressing to some peope but not so serious to others. In particuar, a member s gender, cutura background, race, age, sexua orientation, gender identity, disabiity, or just being new in the job might make some conduct more threatening to them and those differences might mean they become a target for abuse from harassers or buies. Depending on the circumstances, between you it may be decided: to pursue the matter informay without reference to the empoyer or to go straight to the forma grievance procedure For some incidents of harassment, it may be appropriate to go straight to the forma grievance procedures or for a physica assaut, to advise and hep the member to report the incident to the poice. Remember that strict time imits appy for taking discrimination cases up egay and that a forma grievance must be odged before a ega case can be pursued. (Pease refer to Section 3 on the Law and the Unite HDB(1) Form at the end of this Guide: the time imit is three months ess one day from the incident, and six months in the Irish Repubic). ZERO TOLERANCE 11

12 Informa union action In some circumstances, the compainant may ony wish the harassment or buying to stop, get an apoogy and not take any action which invoves management. An informa meeting coud be set up either with the aeged harasser or the buy and the representative or arranged between both the parties and the representatives. If the member has not expicity tod the harasser or the buy that his or her behaviour is unacceptabe, the etter shown beow coud be used. The harasser or the buy shoud be tod that his or her behaviour cannot be toerated, advised that the meeting or conversation is informa but if the harassment or buying continues it wi be foowed by more forma procedures. Dear I am writing to compain about what you (did/said) to me (on date/yesterday/this morning when you... Over the previous months you have... I want you to stop this behaviour now/caing me... I find this offensive and unacceptabe. I am keeping a copy of this etter and I sha take further action if you do not stop immediatey. Yours sincerey, Exampe etter Forma procedures If these informa measures prove to be ineffective, then the member may decide to pursue the case through the forma workpace procedures. It may be the case that the compainant wants the incident of harassment or buying pursued formay straight away. Depending on how cear the case is, the compaint wi usuay be progressed through the grievance procedure and if uphed, the aeged harasser or the buy wi then be subject to the discipinary procedure. You shoud assure the member compaining of harassment or buying of the union s maximum support throughout the forma procedures. Try to imit the amount of stress for the member by making sure that both procedures have strict time imits and that the member does not have to endessy repeat her/his evidence when written submissions coud be considered instead. Remember that the time imit for taking up a harassment case egay is normay three months ess one day from the ast incident of harassment in Britain and N. Ireand and 6 months in Repubic of Ireand. This may differ from the time imits in your estabished grievance procedure, so it can be necessary to submit the ega caim even whie the grievance/discipinary procedures are not exhausted. If there is a satisfactory outcome from the interna procedures, the ega caim can then be withdrawn. Remember, a forma grievance must be odged before a tribuna case can be submitted. 12 ZERO TOLERANCE

13 The grievance procedure Using an estabished grievance procedure is a forma way for a member, supported by the union, to make a compaint to which the empoyer is obiged to respond and treat seriousy. The member s ine manager shoud be notified of the situation. If possibe aso consut a manager or personne officer who has had training in harassment and buying cases. The empoyer shoud nominate an appropriate person from the management team to be responsibe for the case. The empoyer shoud fuy investigate the case with the union ensuring that this is carried out fairy, sympatheticay and thoroughy. This wi normay invove interviewing both parties and witnesses. Depending on the nature of the aeged harassment or buying, consideration shoud be given to suspending or reocating the aeged harasser or the buy for the period of the investigation and procedure. Foowing the compaint, representatives shoud be vigiant about further harassment or buying and any form of victimisation from management such as any changes to the compainant s working practices or experiences of additiona work probems, or even discipinary action against the compainant. The discipinary procedure If the compaint of harassment and buying is uphed in the grievance procedure, the empoyer shoud then start discipinary proceedings against the harasser or the buy. If the compainant acts as a witness in a discipinary procedure, representatives shoud negotiate a forma right for him or her to be accompanied by a Unite representative throughout the procedure. (pease refer to section four for advice if both peope are members of Unite). Either during the procedure or on its outcome, do not agree to: the compainant being transferred uness the member wants a transfer the compainant being suspended the compainant being forced to continue working with the harasser or the buy During the procedures, the harassment and buying shoud be treated as a discipinary offence, either as misconduct or gross misconduct. A charge of gross misconduct normay requires the empoyee to be suspended on fu pay. For a esser incident, the aeged harasser or the buy shoud be reocated pending the outcome of the procedure. Case C An NHS manager suffered persistent discrimination and an intimidating environment when unike his white coeagues, he was buied and harassed about his work. His heath suffered very bady and athough with Unite s support he won a tribuna case incuding compensation, his aim is that no-one shoud ever have to suffer as he did. ZERO TOLERANCE 13

14 Section 3 Harassment, Discrimination, Buying and the Law Lega responsibiities of Empoyers Empoyers have a duty to prevent harassment, buying and discrimination and a duty of care towards the whoe workforce. Empoyers are usuay responsibe for acts of buying and harassment by their empoyees. ACAS 1 therefore strongy recommends that a empoyers shoud make cear that such behaviour wi not be toerated in the workpace. They aso recommend that a statement on the standards of behaviour is used to hep avoid the consequences of buying and harassment such as poor working reationships, ow morae, inefficiency and potentiay the oss of staff. Lega rights on Harassment, Discrimination & Buying Workers can bring compaints under aws covering discrimination and harassment, heath & safety and unfair dismissa. Anti-discrimination aw is a day one right, and workers are aso covered at interview: The Equaity Act 2010 gives protection against discrimination harassment and victimisation because of the foowing protected characteristics : Gender Pregnancy and maternity Race, coour, ethnic or nationa origin Disabiity Sexua orientation Age Gender reassignment Marriage and civi partnership Reigion or beief and non-reigion or non-beief The Equaity Act 2010 aso identifies the foowing as prohibited conduct : Direct and Indirect discrimination on a protected characteristics Harassment a specific protection reated to sex; race; disabiity incuding disabed worker s impairment or condition; sexua orientation incuding harassment reated to being a esbian, gay man, heterosexua or bisexua worker; age, both younger and oder workers; gender identity and reigion or beief incuding no reigion or beief. Victimisation protection for a person who have brought or is suspected to bring proceedings under the Equaity Act 2010 or supported/given evidence for another person bringing proceedings under the Act. Third party Harassment The Equaity Act 2010 gives protection against this form of harassment by eg. customers, cients or visitors reated to a protected characteristics. However despite overwheming opposition, the Government repeaed the third party harassment provision under the Enterprise and Reguatory Reform Bi from Apri The government said that it is unfair that empoyers shoud be iabe for the actions of third parties over whom they have no direct contro. Foowing the repea there is nothing in the Equaity Act 2010 that makes expicit reference to empoyer iabiity however, there is protection from Third Party Harassment from the EU Equa Treatment Directive 2. 1 Labour Reations Agency in Northern Ireand Labour Reations Commission in the Repubic of Ireand 2 The decision of EOC v Sec of St for Trade and Industry (2007) suggests that iabiity for third party harassment may be read into the genera harassment provisions of the Act by virtue of the EU Equa Treatment Directive (2002/67) in certain circumstances. The Empoyment Tribunas President recenty remarked that regardess of the repea of section 40, the requirements of EU aw mandate a form of protection for third party harassment, possiby going beyond the imits imposed by section 40. However the scope of such protection is far from cear and was the origina reason the issue was carified in the Equaity Act ZERO TOLERANCE

15 Unite reps can sti negotiate for the same steps that courts have identified as being reasonabe ones to prevent third party harassment incuding: a workpace poicy on harassment that incude steps to dea with third party harassment; Notifying third parties of the poicy on harassment; Incuding terms in contracts with third parties; Encouraging reporting of incidents of third party harassment; and Incuding third party harassment in workpace compaints procedures. Empoyment Rights Act In some circumstances, an empoyee can caim constructive unfair dismissa, if they are forced to resign due to harassment and buying at work. There are time imits and service quaifications which can be compicated, therefore because of the different ega rights that may be invoved, contact your shop steward, Unite officer and/or Regiona Women s & Equaities Organiser, who can ensure ega advice is obtained Heath & Safety at Work Act 1974 Under this aw, empoyers are responsibe for the heath, safety and wefare at work of a empoyees. This incudes creating a working environment free from stress, buying, vioence and harassment. Pease refer to the union s Heath and Safety Buetins. For more information visit Protection from Harassment Act 1997 protects peope from conduct amounting to harassment of causing fear of vioence. Law in Northern Ireand In Northern Ireand, protection against discrimination, victimisation and harassment is covered by the foowing: Gender The Sex Discrimination (Northern Ireand) Order 1976, as amended by the Sex Discrimination (Northern Ireand) Order 1988; the Sex discrimination (Indirect Discrimination & Burden of Proof ) Reguations (Northern Ireand) 2001; the Empoyment Equaity (Sex Discrimination) Reguations (Northern Ireand) 2005; the Sex Discrimination Order 1976 (Amendment) Reguations (Northern Ireand) 2008 These aws prohibit discrimination and harassment on the grounds of sex; pregnancy and maternity eave; gender reassignment; being married or being a civi partner. Race Race Reations (NI) Order 1997, Race Reations Order (Amendment) Reguations (Northern Ireand) 2009, Race Reations Order (Amendment) Reguations (Northern Ireand) 2003 these aws prohibit discrimination and harassment on the grounds of race; coour; ethnic or nationa origins; nationaity; beonging to the Irish Traveer community. Disabiity The Disabiity Discrimination Act 1995 (the DDA) as amended by the Disabiity Discrimination Act 1995 (Amendment) Reguations (Northern Ireand) 2004, the Disabiity Discrimination (Northern Ireand) Order 2006 these aws prohibit discrimination and harassment against disabed persons. Sexua Orientation Empoyment Equaity (Sexua Orientation) Reguations (NI) 2003 prohibits discrimination and harassment on the grounds of sexua orientation. The Equaity Act (Sexua Orientation) Reguations (NI) 2006 extend the protection against discrimination to the provision of goods, faciities and services, the management and disposa of and or premises and the provision of education in schoos. Trans The Gender Reassignment Reguations (NI) 1999 amends the Sex Discrimination (NI) Order 1976 to make it unawfu to discriminate on grounds of gender reassignment in empoyment and training. The Sex Discrimination (Amendment of Legisation) Reguations 2008 introduced protection from direct discrimination on grounds of gender reassignment in the provision of goods, faciities, services or premises. ZERO TOLERANCE 15

16 Age The Empoyment Equaity (Age) Reguations (Northern Ireand) 2006 make it unawfu for empoyers and others to discriminate incuding harassment and victimisation on grounds of age in the areas of empoyment, vocationa training and further and higher education. Reigion or Beief The Fair Empoyment and Treatment Order 1998 as amended by the Fair Empoyment and Treatment Order (Amendment) Reguations (Northern Ireand) and the Fair Empoyment and Treatment (NI) Order (2003) These aws prohibit discrimination and harassment on the grounds of reigious beief or simiar phiosophica beief, and poitica opinion. Third party harassment Sex Discrimination Order 1976 (Amendment) Reguations (Northern Ireand) 2008 protects empoyees from third party harassment on gender grounds. In Northern Ireand, there is no specific egisation prohibiting third party harassment on any of the other protected grounds. Law in Repubic of Ireand The Empoyment Equaity Acts define harassment as any form of unwanted conduct on the nine discriminatory grounds and sexua harassment as any form of unwanted verba, nonverba or physica conduct of a sexua nature. In both cases the unwanted conduct may incude acts, requests, spoken words, gestures or the production, dispay or circuation of written words, emais, text messages, pictures or other materia. It aso specificay protects a person being penaised in any way by their empoyer because they have made a compaint about discrimination under the Equaity Legisation. The Equa Status Act 2000 was amended by the Equaity Act 2004, the Disabiity Act 2005 and the Civi Law (Misceaneous Provisions) Act They are known coectivey as the Equa Status Acts The Acts outaw harassment on nine grounds: gender (incuding trans identity), marita status, famiy status, sexua orientation, reigion, age, race and traveer community. What about taking ega action? Taking a ega case is generay considered to be the ast resort, when a other avenues have proved ineffective, but because of time imits it is important to be aware of the ega position. Aso, the Government has introduced a standard interna three-step procedure for deaing with dismissa, discipine and grievance issues which must be foowed before a ega case can be taken. These steps invove a statement (setting out in writing the grounds for action or grievance), a meeting between the parties and the right to appea. For further information pease refer to the Acas Code of Practice Discipinary and Grievance. Note : Increasingy, government reports are suggesting that eary mediation needs to be adopted as the approach. If the situation is not resoved after foowing the grievance and discipinary procedures then you can make a caim to an empoyment tribuna. You must make sure to keep a record of a incidents and meetings, and be aware of ega time imits if the interna procedures are taking a ong time. In Britain and N. Ireand, the ega appication must be made within 3 months ess one day of the atest act of discrimination. In Repubic of Ireand the deadine is within 6 months. Our union and others are campaigning for a 6 months deadine overa. The three-month time imit can be extended in exceptiona circumstances, if it is just and equitabe. The Tribuna wi take into account: the reasons for the caim being ate how ate the caim is whether the empoyer is prejudiced whether it ooks ike a good caim 16 ZERO TOLERANCE

17 In Britain and N. Ireand, the Questionnaire procedure 3 was usefuy empoyed to buid up a case of harassment, and sometimes assists in avoiding the need to go to a fu ega hearing. In Britain, this provision was repeaed under the Enterprise and Reguatory Reform Bi in force from Apri Question and answer guidance to repace the statutory questionnaire is avaiabe from ACAS and the Government Equaities Office. To coect the necessary information to assist with discrimination, harassment and buying cases, the foowing are some hepfu aternatives: 1. A non-statutory questionnaire can be submitted and empoyment tribunas might make decisions based on the empoyer s faiure to respond. The act of submitting a non statutory questionnaire woud be protected under the anti-victimisation provisions (s.27(d)) of the Equaity Act Once tribuna proceedings have started, a request for additiona information coud be submitted to the tribuna if the empoyer s response is not specific enough. However, there are particuar requirements for making such a request. 3. The tribuna judge has the power- on the request of the member, the empoyer, or his/her own initiative- to order discosure or inspection of any documents and information. The Coaition government has introduced the tribuna fees and most discrimination caims wi cost 250 to odge and a further 950 to proceed to hearing 4. Case D A comment about a woman s breast was rued as unawfuy discriminatory in a 1994 Empoyment Appea Tribuna case. A contract ceaning supervisor was offended by an empoyee, haf her age, who was the son of the company director. Despite her compaint, the company faied to pursue discipinary action against the empoyee and the woman resigned. The case showed that a singe sexua remark can resut in very serious detriment. This principe appies to a forms of harassment. Further guidance on the aw is aso avaiabe from the Equaity and Human Rights Commission (Manchester, London, Cardiff & Gasgow), the Equaity Commission (Befast) and the Equaity Authority (Dubin). European Law European Directives outaw harassment on grounds of gender, race, disabiity, sexua orientation, gender identity, age and reigion/beief. In Apri 2007, European TUC signed a framework agreement on harassment and vioence at work. With this agreement European socia partners firmy condemn harassment and vioence in a their forms. The agreement aims to prevent, and where necessary, manage probems of buying and physica vioence in the workpace. Companies in Europe are now required to adopt a poicy of zero-toerance towards such behaviour and draw up appropriate procedures. Many signatories have impemented the provisions of this autonomous agreement and wi continue to use the framework agreement as a too to tacke harassment and vioence at work. 3 Dattan v Chief Constabe of West Mercia (2005 IRLR 327 EAT) 4 Aso the disposabe capita test has been introduced. This test wi decide whether you are eigibe for a Tribuna fee remission based on an assessment of your househod disposabe capita (for exampe, your savings and investments). ZERO TOLERANCE 17

18 Internationa Standards Internationa Labour Organisation core abour standards incude non-discrimination aongside no chid or forced abour, and the right to union organisation, coective bargaining and equa pay. In November 2006, the founding principes of the Internationa TUC incuded cear commitments to oppose a forms of discrimination and harassment. Goba Union Federations bring together unions from different industries and sectors internationay, and they too have cear commitments to oppose a harassment and discrimination. United Nations Commission on the Status of Women agreed a resoution at its conference in March 2013 on the eimination and prevention of a forms of vioence against women and girs incuding at the workpace. For more information pease refer to 18 ZERO TOLERANCE

19 Section 4 Getting Unite Representation Right What if the harasser or the buy is a member of Unite? The union is opposed to harassment and buying and it wi give its support to and represent members compaining of harassment and buying. But if a harasser or the buy is a member of the union, that member is aso entited to representation. It is important that whist representing an aeged harasser or the buy, shop stewards/workpace representatives shoud stick to the facts of the case. Representatives shoud not make any persona attacks, sanderous accusations about the compainant or irreevant comments about the compainant s persona ife or persona reationships. What if the compainant and the harasser or the buy are both members of Unite? The guideines for the informa union action shoud be foowed as outined in section 2. If the compainant wants to pursue the case to forma grievance procedure, then two different union representatives shoud become invoved: one representing the compainant and one representing the harasser or the buy. The compainant shoud not be represented by a union representative of ower rank than the person representing the harasser or the buy. In the past, Unite estabished a precedent for deaing with a harasser or the buy who was aso a member of the union. In this case, the evidence of harassment or buying was overwheming. The union advised the harasser or the buy of his rights and how to make a Tribuna appication, but representation was ony on the basis of ensuring the procedures were correcty foowed. What if the harasser or the buy is a Unite member and the compainant is a member of another union? If there is more than one union in your workpace, you shoud estabish an informa joint union procedure for deaing with an inter-union case of harassment and buying. What if the harasser or the buy is a Unite officer or representative? The union wi not toerate harassment or buying by one of its representatives. It is against the Rues of the union. The matter shoud be referred to a more senior officer such as the Regiona Secretary or Nationa Officer (who wi invove the Regiona Women s & Equaities Organiser or the reevant Nationa Officer for Equaities or the Assistant Genera Secretary for Equaities as appropriate) What if the harasser or the buy is a member of the pubic? Many Unite members work in the service industries, which brings them into cose contact with members of the pubic and cients. A arge number of those members are vunerabe to harassment and buying, especiay in the caring professions and other front ine occupations such as cabin crew, bar staff, bus drivers, bank staff and advice workers. Empoyers have ega responsibiities under Equaity aw to ensure that there is no ess favourabe treatment at work. In addition, their duty of care under Heath and Safety aw is to ensure that their empoyees are working in a heathy and safe environment. If a member is experiencing harassment or buying from a member of the pubic, an empoyer may be faiing in their ega duties. ZERO TOLERANCE 19

20 Remind the empoyer of their ega responsibiities and incorporate an agreed statement in the Equa Opportunities Poicy or Dignity at Work Poicy which makes it cear that the empoyer wi not toerate harassment or buying against any empoyee during the course of their duties by a member of the pubic. Negotiate with the empoyer to distribute eafets or dispay posters with this information in the pubic areas of your workpace. It shoud aso be possibe to obtain a court injunction and to trace abusive phone cas, texts, socia media, emais etc. Unite membership If the harasser or the buy is a Unite member, the union may aso have a responsibiity to take action against the member if the harassment or buying is proven and the member is in breach of the union s rues (pease refer to beginning of these guideines). 20 ZERO TOLERANCE

21 Section 5 The Unite Listening Support Network and HDB(1) Report Form The Listening Support Network provides persona support through active istening to members suffering harassment and buying. The support is provided, mainy on the teephone, by Unite members who are trained vounteers caed Listening Support Network members. The estabishment of Unite s Listening Support Network has three key aims: 1. Trained Unite members providing other members with support, originay set up for women members to provide support for other women members who have suffered sexua harassment A survey of women s experiences of taking up cases of sexua harassment showed that over 90% of women union members experiencing sexua harassment woud have iked to tak to a woman about it and that over 90% had ony been given the option of taking to a man. By extending the Network to a harassment and buying, incuding back, Asian & ethnic minority members, disabed members, younger, oder and LGBT members and men who have suffered harassment, Unite can now ensure this principe is extended to a members who need support. 2. A forma network avaiabe throughout the union Many Unite women and men members support each other a the time especiay through difficut times. But setting up a forma network aows the union to ensure that the support network members have proper training for their roe and get the assistance necessary from the union. It aso aows a proper referra system so that every member can receive assistance if they require it, heping members who fee isoated. 3. Cear distinction between providing support and providing representation The Listening Support Network aso aows Unite to create cear distinctions between the roes and responsibiities of providing persona support and providing representation. Unite the Union recognises that different skis, approaches and training are needed for each roe. Both are crucia, and the union must ensure that it provides both effectivey. The HDB(1) Report Form The union has a Report Form for recording every incident of harassment, discrimination and buying. A copy of the form is at the back of this Guide. It incudes a Checkist for interviewing a member about harassment or buying. Every representative of the union must ensure that they are famiiar with this report form, and that they use it and send copies as requested, to their Unite officer, Regiona for Women s & Equaities Organiser, as set out on the form. ZERO TOLERANCE 21