BULLYING AND HARASSMENT POLICY
Contents
1 Purpose.
2 Scope.
3 Definitions.
4 Working environment.
5 Sexual Harassment.
6 Third party harassment and discrimination.
7 Victimisation.
8 Risk assessment.
9 Allegations that could be criminal behaviour.
10 General principles for raising a complaint.
11 Malicious complaints.
12 Confidentiality.
13 Informal procedure for raising a complaint.
14 Formal procedure for raising a complaint.
15 Appeal process.
16 Potential next steps.
17 Support and guidance.
18 Related policies and documents.
19 Further information.
20 Policy owner.
21 Policy review date.
1 Purpose
1.1 We believe that all our employees and workers have the right to work in an environment free from bullying behaviour and any form of harassment, whether this is on the grounds of a protected characteristic (age, disability, gender reassignment, marital or civil partnership status, pregnancy or maternity, race (including nationality, ethnic or national origin), religion or philosophical belief, sex, sexual orientation) or indeed any other characteristic such as appearance, regional dialect or political stance.
1.2 We operate a zero-tolerance stance on bullying and harassment and expect all our managers to adopt this approach by using the guidance set out within this policy. This policy also provides a means by which any employee or worker who feels that they are being subjected to such behaviour may raise this without fear of reprisal and that any problems may be resolved and any further recurrence prevented.
1.3 We will take reasonable steps to prevent bullying and harassment occurring during the course of employment, but in the event that it does take place, we will also take reasonable steps to prevent it from reoccurring.
1.4 Such behaviour will not be tolerated, and we seek to ensure that our working environment is sympathetic to everyone with whom we deal with in our working activities and that they are treated with dignity and respect.
1.5 Bullying and harassment is extremely serious, and we believe particular care and sensitivity should be taken when dealing with this type of complaint. Whilst we do also have a separate grievance policy for dealing with workplace concerns, we recognise that employees and workers may want to pursue complaints of this nature which can be more sensitive and difficult, through an alternative channel.
1.6 This policy is available insert where it is located and how it is accessed and all employees and workers are required to read this policy to ensure they understand what types of behaviour may amount to bullying, harassment and sexual harassment.
1.7 Where complaints are dealt with through this policy rather than the grievance policy, then there can be no further right of redress through the grievance policy thereafter.
1.8 This policy is not contractual but aims to set out how we normally deal with such issues. We reserve the right to amend and update this policy at any time.
2 Scope
2.1 This policy applies to all employees and workers, at all levels within our business working at our premises, at home, or elsewhere as well as agency workers, consultants, casual workers, volunteers and interns.
2.2 It applies equally to an employee bullying or harassing a manager or the other way around. In addition, we aim to ensure that (as far as is practicable) employees and workers are protected from harassment of any kind from customers and other business contacts.
3 Definitions
3.1 Bullying is defined as behaviour against an individual that is intimidating, degrading, offensive or malicious and undermines the confidence and self-esteem of the recipient.
3.2 Harassment is defined as unwanted conduct that either violates a person's dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person. It may be related to any personal characteristic of the individual (whether perceived or real), or by association (i.e. related to the individual's relationship or dealings with others who have that personal characteristic, even if they do not). It may be persistent, or an isolated incident and can take many forms, from relatively mild banter to actual physical violence. Harassment can be regarded as behaviour that is offensive, frightening or in any way distressing and it is the impact on the individual that is important. It may be intentional, obvious, or violent, but it can also be unintentional or subtle and insidious.
3.3 Sexual harassment is a form of unlawful harassment (as defined above) which entails unwanted conduct of a sexual nature. A person of any gender can be a victim of sexual harassment, and it may be committed by a person of any gender.
3.4 Third party harassment and discrimination refers to the harassment and/or discrimination of an employee or worker that is carried out by someone who is not an employee or worker and may include:
· customers or clients
· suppliers and
· independent contractors and consultants.
3.5 The use of the word ‘harassment’ throughout this policy includes sexual harassment.
3.6 Employees and workers may not always realise that their behaviour constitutes bullying or harassment, but they must recognise that what is acceptable to one person may not be acceptable to another. The fact that bullying or harassment was not intended does not mean that it cannot have occurred; however, bullying or harassment will not have taken place if the employee or worker’s perception of the conduct in question is unreasonable in all the circumstances.
3.7 The person complaining of bullying or harassment need not necessarily be the person towards which the behaviour is directed. For example, a person who overhears comments made to someone else, and who is offended by those comments, may still make a complaint of bullying or harassment.
3.8 Examples of behaviour that may constitute bullying or harassment include (but are not limited to):
· unwanted physical conduct - such as unnecessary touching, patting, pinching, brushing against another person's body; insulting behaviour or obscene gestures; physical threats, aggressive behaviour and/or assault.
· unwanted verbal conduct - such as unwelcome advances; patronising titles or nicknames; offensive or insulting comments; propositions or remarks; innuendo; lewd or suggestive comments; over-familiar behaviour; slogans or songs; insensitive jokes, gossip and slander (including speculation about a person's private life and sexual activities); banter or abusive/offensive language which is either threatening or refers to a person's sex/gender, race (including colour and ethnic or national origins), disability, sexual orientation, religion or belief, age, marital status or civil partnership, pregnancy/maternity or gender reassignment.
· unwanted non-verbal conduct - such as racially or sexually based graffiti or graffiti referring to an individual's characteristics or private life; abusive or offensive gestures; leering, whistling, creation, distribution or display of suggestive or offensive pictures, objects or written materials (including "pin-up" calendars) or videos through any means.
· bullying - includes unwanted physical contact or assault but also verbal bullying such as insulting or threatening comments; comments intended to undermine, belittle, embarrass or humiliate the recipient; personal abuse, either in public or private, which humiliates or demeans the individual involved.
· virtual bullying - includes distribution of unwanted emails, texts, images or humiliating data published on social networking internet sites or abusing our technology or using the employee's own technology to contact a colleague in an intimidating or malicious manner.
· conduct of a sexual nature – includes unwanted physical, verbal and non-verbal conduct as discussed above; further examples include displaying pornographic or explicit images, indecent exposure, e-mails with sexual content, sexual innuendo, sexual solicitation, sexual assault; see also, coercion.
· coercion - including threats of dismissal or loss of promotion etc for refusal of sexual (or other) favours (or promises made in return for sexual or other favours); pressure to participate in political or religious groups etc.
· isolation or non-co-operation at work - deliberate exclusion from communications including group emails, conversations or social activities; setting unrealistic deadlines; substituting responsible tasks with menial or trivial ones; withholding information or giving false information; constantly undervaluing effort.
3.9 Such conduct is employment related if, for example, submission to, or rejection of, the conduct is used as a basis for an employment decision; or if the conduct interferes with the affected person’s work performance; or if it creates an intimidating hostile, humiliating or offensive working environment.
3.10 Bullying or harassment can be a single serious incident or persistent and repeated, continuing after the person subjected to it makes it clear that they wish it to stop.
3.11 All employees and workers should be aware that any act or acts of bullying or harassment committed by them in the course of their employment will be dealt with as set out under this policy. This includes not only situations occurring whilst at work, but also at any time on our premises, or externally whilst attending social functions or training courses, etc in the course of the employment. It also covers emails, phone calls and texts sent by employees and workers outside of work using either our equipment or their own personal equipment, as well as posts on social networking sites.
3.12 Employees and workers should also consider how their behaviour or conduct would appear to a senior manager or elderly relative, or if it were reported in the press or on TV, and to refrain from any language or behaviour which would reflect unfavourably on them.
3.13 Legitimate, reasonable and constructive criticism of an employee’s performance or behaviour, or reasonable instructions given during the course of employment will not, on their own, amount to bullying.
4 Working environment
4.1 In addition to bullying and harassment at work being a violation of employment and health and safety laws, and a contravention of criminal and/or civil law in some circumstances, this type of behaviour can create a hostile or threatening environment. The damage, tension, and conflict which harassment and bullying creates not only results in poor morale for all, but also divided teams and reduced productivity. Employees and workers can be subject to fear, stress, and anxiety, which not only affects their contribution within the workplace but can also put great strains on their personal and family life, leading to illness, increased sickness absence and staff turnover.
4.2 Therefore, all complaints of bullying or harassment will be treated very seriously.
5 Sexual Harassment
5.1 Sexual harassment is unlawful and will not be tolerated. Complaints resulting in the finding of sexual harassment having taken place will be subject to disciplinary action, up to and including summary dismissal (without notice). Or in the case of a worker, their engagement with us may be terminated.
5.2 Sexual harassment can include, but not limited to:
· unwanted physical, verbal and non-verbal conduct of a sexual nature
· displaying pornographic or explicit images
· indecent exposure
· using e-mail or social media to make inappropriate, derogatory or offensive content that is of a sexual nature, which can include sexual innuendos, sexual solicitation, sexual assault. This can include sharing, posting, liking or tagging someone in a post
· unwanted physical, verbal and non-verbal conduct of a sexual nature that is towards another person, such as a colleague, customer, client, suppliers, contractors or any other third party associated with us
5.2.1 Examples of situations involving sexual harassment:
· A male colleague alters a pornographic image by placing an image of their female colleague’s face onto it. He then sends it to other colleagues causing them to ridicule her.
· An employee has a sexual relationship with their supervisor. They then end their relationship as they think it was a mistake. The next day, the supervisor grabs the employee’s bottom and says, “come on, don’t play hard to get”.
· Male workers download pornographic images onto their computers in an officer where a woman works. She finds out about the images being downloaded and that the images are creating a hostile and humiliating environment for her.
· During a busy dinner service, one member of the waitressing team is helping in the kitchen to prepare orders. The chef makes inappropriate comments of a sexual nature about her appearance and makes advances towards her that include touching her back and shoulder whilst passing by or reaching for items.
5.3 Employees and workers should be aware that individuals may be held personally liable for their own acts and behaviour.
6 Third party harassment and discrimination
6.1 Third party harassment and discrimination refers to harassment and/or discrimination of an employee or worker, that is carried out by someone who is not one of our employees. Third party harassers and discriminators may include:
· customers or clients
· suppliers and
· independent contractors and consultants.
6.2 Third party harassment will not be tolerated, and we take reasonable steps to prevent it from occurring. This includes:
· Warning notices to our customers
· Having a recorded message at the beginning of telephone calls
· Information in terms and conditions
· Providing regular training for managers and staff to raise awareness of rights related to sexual harassment and of this policy
· Provide specific training for managers to support them in dealing with complaints
· Take steps to minimise occasions where staff work alone
· Where possible, ensure lone workers have additional support
· Carry out a risk assessment when planning events attended by clients/customers and/or suppliers
6.3 Any employee or worker who believes that they have been the victim of third-party harassment and/or discrimination should immediately report the incident to their manager. In the case of an agency worker, they should immediately report it to both their temporary recruiting agency and to their point of contact within our organisation.
6.4 Where an employee or worker has been harassed and/or discriminated against by a third party, we will take reasonable steps to prevent any recurrence. The options may include:
· Issuing a warning about their behaviour
· Banning a customer
· Reporting criminal acts to the police
· Sharing information with other branches of our organisation
6.4.1 If an employee harasses and/or discriminates against a customer, supplier or an independent contractor or consultant the employee will be subject to disciplinary action. In the case of a worker, may have their agreement terminated.
6.4.2 Examples of third party harassment and/or discrimination:
· A young member of the bar staff is subjected to sexually offensive terms by a customer.
· In a retail store, an employee faces repeated harassment from a regular customer. The customer makes inappropriate comments about the employee’s appearance and personal life, and sometimes behaves in a rude or aggressive manner. Despite the employee's attempts to handle the situation politely and report the behaviour, the harassment continues, causing significant stress and discomfort.
7 Victimisation
7.1 Victimisation is when someone is treated less favourably because they have committed, or it is believed they may commit a "protected act". "Protected acts" include bringing legal proceedings relating to harassment or discrimination against the employer or the perpetrator, or the giving of evidence at a disciplinary or grievance hearing or at tribunal, or making complaints about the perpetrator or the employer about their alleged discriminatory and unlawful practices, etc.
7.2 We encourage employees and workers to challenge or raise incidents of unacceptable behaviour should they witness or experience it directly. Disciplinary action, including summary dismissal, without notice, may be taken against an employee who is found guilty of victimisation. In the case of a worker being found guilty of victimisation, their terms and conditions of engagement may be terminated with immediate effect.
7.3 Examples of victimisation:
· A casual worker gives a witness statement as part of a grievance and disciplinary process that supports a colleague’s claim of sexual harassment. As a result, their line manager fails to provide them with any further work.
· an employee files a complaint about racial discrimination by their manager. After raising the complaint, the employee’s performance reviews become increasingly negative, even though their performance has not changed. The unfair reviews are used as a basis for denying them a promotion.
8 Risk assessment
8.1 We will identify and assess the risks associated to bullying and harassment and identify reasonable measures to prevent it from occurring. The findings will be recorded in writing, and we will keep our assessment under continuous review.
8.2 A copy of the risk assessment can be found specify location and can be supplied to employees, workers, or third parties as requested.
8.3 We encourage all employees and workers to inform their manager of areas in which they believe harassment protection could be further improved.
8.4 We also consider risks relating to bullying and harassment in our other organisational risk assessments, including our risk assessments for young works.
9 Allegations that could be criminal behaviour
9.1 Some acts of harassment can amount to a criminal offence and so we may discuss with the employee and worker, their right to report the matter to the police.
9.2 If the employee or worker chooses to report a complaint to the police, we will provide them with the necessary support.
9.3 If the employee or worker does not wish to report their complaint to the police, we may need to give serious consideration of reporting the incident. Our intentions are to respect the wishes of the employee; however, we must balance this against the potential risk to others. In coming to our decision, we would weigh up the wishes of the employee against the risks to the individual, their colleagues or third parties and provide the rationale for taking such decision.
10 General principles for raising a complaint
10.1 Bullying and harassment will not be tolerated. We recognise that making a complaint can be embarrassing and stressful. Sometimes the employee or worker simply wants the conduct or behaviour to stop and sometimes they want stronger action to be taken. To take account of this, and to encourage employees and workers to discuss any problems in confidence with someone they trust and feel comfortable talking to, this procedure has various routes for action.
10.2 An employee or worker who thinks they are being bullied or harassed should either initially address the matter informally with their manager formally by following the procedure set out below. Agency workers may also wish to raise their concerns with their temporary work agency as well as their point of contact in our organisation. No judgements will be made about any complaints based on the course of action the employee or worker chooses to adopt.
10.3 An employee or worker who witnesses bullying or harassment may also raise the matter either informally or formally as discussed above.
10.4 Where a complaint concerns the behaviour of the employee or worker’s manager, they should raise the issue with a more senior manager.
10.5 Each complaint will be handled in strict confidence and with impartiality and will be promptly and thoroughly investigated. As any complaint of this nature will be regarded as serious it may be that the person who is alleged to have carried out the bullying and/or harassment will be suspended whilst the complaint is being investigated.
10.6 We understand that it can be difficult to come forward and to speak up and raise a complaint. We wish to give our reassurances that when a complaint of bullying or harassment is made, the employee or worker, will be given the necessary support and will not suffer victimisation for having brought the complaint.
10.7 As a general principle, the decision to progress a complaint rest with the employee and worker and we may be asked not to take the matter forward. Our aim is to respect the employee or worker’s wishes to avoid further harm to them. However, we must consider the risks of not taking action compared to those that may arise from overriding the employee’s wishes and as we have a duty to protect all employees and workers, we may pursue a complaint independently if we consider it is appropriate to do so.
10.8 In considering the most appropriate way forward, we will consider:
· What would the risks to the employee or worker raising the complaint, their colleagues or third parties be if we do not take further action?
· What will the impact be on the employee, if we do not follow their wishes?
· Have we received any other complaints about the same person?
· What is the likelihood of the employee or worker resolving the matter without our intervention?
10.9 If we can support the employee or worker’s wishes, then we will:
· Encourage the employee or worker to address the issue informally either directly themselves, or with support (as set out below).
· Provide the employee or worker with any necessary support and guidance on how to address the issues informally
· Keep the situation under review, where we reserve the right to take steps to address the matter if we believe it is in the best interest of the employee or worker’s wellbeing and that of their colleagues.
10.10 In the event that we believe that the right course of action is to intervene and take action, we will explain our reasons for this decision and implement suitable safeguards to prevent further harassment or victimisation and to support the wellbeing of the employee or worker, in order to help in dealing with any impact the decision may have.
11 Malicious complaints
11.1 If any employee or worker raises a complaint, and upon investigation, it is proven to be both false and made in bad faith, then that employee may become the subject of disciplinary action, or in the case of a worker, may have their terms of engagement terminated.
11.2 Employees will not be subjected to disciplinary action or to any other detriment simply because their complaint is not upheld. Disciplinary action may only be taken if it is found both that the allegation is false and made in bad faith.
12 Confidentiality
12.1 To protect an employee or worker who has raised a complaint, we will ensure that the complaint is kept confidential, subject to any legal obligations or rights of either the employee, or our organisation. It may also be a requirement of the organisation to report incidents of harassment and discrimination to name of regulator.
12.2 Furthermore, it may also be a reasonable requirement for an employee to provide information relating to the matter, to a companion who is supporting them as part of a process, and it is needed in order that they can be effectively represented.
12.3 Where there are witnesses to an incident, we will ensure that they are made aware that the matter is confidential (subject to any personal legal or regulatory obligations or rights) and that a breach of confidentiality may be a disciplinary offence.
13 Informal procedure for raising a complaint
13.1 It is usually best to try and sort things out quickly and as close to the problem as possible. Therefore, it may be sensible to try to resolve an issue informally by approaching the person directly and making it clear to them that their behaviour is unwelcome, explain the effect that it is having and that it should stop.
13.2 Any employee or worker who does not want (or who does not feel able) to do this, particularly if feeling bullied or intimidated, or if they would find it too embarrassing, may speak with their manager. the case of agency workers, they should also raise their concerns with their temporary work agency in addition to their point of contact in our organisation. As a result of the advice, they may then feel able to approach the person directly or may be willing to do so with support. Alternatively, a manager, or one of similar seniority, may be requested to approach the person on their behalf - this approach may be more effective if the perpetrator is a customer or business contact.
13.3 If the employee or worker chooses to address their concerns directly with the person concerned, they should be clear and assertive. They may find it helpful to ask a colleague to be with them in a support role. Alternatively, they could put their issue in writing to the alleged harasser.
13.4 The employee or worker may wish to keep a written record of the details of any incidents of perceived bullying (including date; time; place; name of person allegedly harassing the individual; what happened including verbatim quotes of relevant comments where possible; how the individual felt at the time; names of any witnesses and any action taken), and retain any texts, emails, voice messages or other evidence that may support their allegations.
13.5 If they do not wish to deal with this informally, or if informal steps have failed to resolve the problem, they can raise the matter in line with the formal procedure below and if necessary, assistance should be sought. In the case of agency workers, they should contact their temporary work agency, to obtain a copy of their formal complaint’s procedure.
14 Formal procedure for raising a complaint
14.1 A formal complaint may be made to either the employee or worker's immediate line manager. Where a complaint concerns the behaviour of the employee’s manager, they should raise the issue with a more senior manager.
14.2 The formal complaint should be detailed in writing and ideally submitted as soon as possible and without unreasonable delay in order to help end the bullying and harassment as soon as possible Complaints submitted sometime after the event will still be heard.
14.3 It should contain the reasons for the complaint and all relevant facts surrounding the matter, including relevant dates, names and witnesses. The employee or worker should also indicate what we should do and any other suggestions or information that will assist in resolving the issue. Whilst recognising the employee or worker's feelings and the effect the alleged behaviour may have had, it is important to establish the facts and they will be asked to provide details of the allegations, eg:
· what happened
· where it occurred
· when did it occur
· who was involved
· was this the first incident
· were there any witnesses
· whether any action has been taken previously to prevent further repetition of the behaviour
14.4 A formal meeting will be arranged as soon as possible and without unreasonable delay to discuss the complaint.
14.5 The employee or worker may be supported throughout the process and at any meetings by a either a work colleague of their choice, a union representative (who must be certified in writing by the union as having experience of, or having received training in, acting as a worker's companion at disciplinary or grievance hearings) or an official employed by a trade union as a companion to the meeting, in which case we request that they advise us of the identity of their chosen companion in advance of the meeting.
14.6 During the meeting, the person hearing the complaint of bullying and harassment will review the written complaint and listen to the individual’s point of view. If the employee or worker has not stated what outcome they are seeking, clarification may be sought before proceeding.
14.7 The person investigating the complaint will be sensitive and will take care not to phrase questions in a way that implies that the bullying and or harassment may in some way have been directly or indirectly invited and to avoid remarks that appear to trivialise the experience or suggest that it was imaginary. The intention of the alleged bully/harasser is irrelevant, it is the effect on the complainant that is important.
14.8 Once the individual has been given full opportunity to talk through their information, present any additional information and answer any questions, the meeting would then be adjourned to allow a full investigation to be undertaken as quickly as possible to establish the facts.
14.9 Where appropriate, it may be necessary to call witnesses or speak to third parties to fully investigate and understand the issues. No decision will be made until the manager has sufficient information and evidence and conducted all reasonable investigations.
14.10 Consideration will be given as to whether the alleged bully/harasser 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.
14.11 All parties involved in the investigation are expected to respect the need for confidentiality. Failure on the part of any employee involved (whether the recipient, perpetrator or a witness) may be considered a disciplinary offence.
14.12 Copies of statements made by witnesses will be made available to both the person making the complaint and the alleged bully/harasser, but the names of the witnesses may be withheld if they request to remain anonymous and particularly if they have a genuine belief of fear of reprisal.
14.13 Once all reasonable investigations are complete, the person chairing the process will reconvene the formal meeting for the purpose of allowing the employee the right to reply to the gathered evidence.
14.14 Depending upon the confidential nature and sensitivity of the evidence, it may be appropriate in some circumstances to provide the employee or worker with access to the information before the reconvened meeting, rather than providing them with their own set of documents. Each situation will be taken on its own merits, taking account of the nature of the data gathered, the needs of all parties and those of the business.
14.15 Once the person chairing the grievance meeting has sufficient information the meeting will be adjourned to review the case and reach a decision. A written response will be prepared to be given to the individual, which will confirm any action we intend to take to resolve the grievance, together with the right to appeal against this outcome. Depending upon the circumstances, we may seek to invite the employee or worker to a decision meeting to deliver the outcome. In this situation, there will still be an outcome letter provided as noted above, and the usual right to be accompanied will continue to apply. The written response and any decision meeting, where one is appropriate, will be arranged and provided as soon as reasonably possible.
15 Appeal process
15.1 In the event that the employee or worker is dissatisfied with the outcome of the meeting, then they may lodge an appeal, preferably in writing, and stating the full grounds for the appeal, within a reasonable timescale (we would expect this usually to be within five working days of receipt of the outcome letter) to a more senior manager (unless the employee or worker is a senior manager or director, in which case a Director. The person to whom the appeal should be sent will be set out in the outcome letter.
15.2 Failure to appeal within a reasonable timescale may mean that the appeal will not be heard. It will only be heard outside of this time frame in exceptional circumstances.
15.3 A further meeting will be arranged as soon as is reasonably practicable to hear the appeal. Again, the individual will be given full opportunity to state the case, provide further information and answer questions.
15.4 The person chairing the appeal meeting will attempt to resolve the matter to the satisfaction of both the individual and the organisation.
15.5 The employee or worker may bring either a work colleague, a trade union representative (who must be certified in writing by the union as having experience of, or having received training in, acting as a worker's companion at disciplinary or grievance hearings) or an official employed by a trade union as a companion, but in which case we request that they advise us of the identity of the chosen companion in advance of the meeting.
15.6 It may be necessary for further investigations to take place as part of the appeals process. Once all reasonable investigations are complete, the person chairing the appeal meeting will reconvene it for the purpose of allowing the individual the right to reply to the gathered evidence.
15.7 Depending upon the confidential nature and sensitivity of the evidence, it may be appropriate in some circumstances to provide the individual access to the information before the reconvened meeting rather than providing them with their own set of documents. Each situation will be taken on its own merits taking account of the nature of the data gathered, the needs of all parties and those of the business.
15.8 Once the person chairing the appeal meeting has sufficient information the meeting will be adjourned to review the case and reach a final decision. They will either advise the individual at the meeting as to the outcome or prepare a response in writing after the meeting.
15.9 Depending upon the circumstances, we may seek to invite the employee or worker to a decision meeting to deliver the outcome. In this situation, there will still be an outcome letter provided and the usual right to be accompanied will continue to apply.
15.10 The written response and any decision meeting, where one is appropriate, will be arranged and provided for as soon as reasonably possible.
15.11 This is the final step in the process and any decisions taken at this stage are final with no further right to recourse. A complaint dealt with under this policy cannot be re-heard under the Grievance policy. It is for this reason, we ensure the process set out within this policy ensures the right to a fair process, akin to a grievance.
16 Potential next steps
16.1 Where the person in charge of dealing with the complaint believes, after investigation, that bullying or harassment may have taken place, appropriate action will be taken.
16.2 If the alleged bully/harasser is a worker, the person in charge of dealing with the complaint may choose to end the terms of the engagement.
16.3 If the alleged bully/harasser is an employee, they will invoke the disciplinary procedure to ensure that the employee accused of this behaviour has every opportunity to defend or explain their actions. The employee will be entitled to be accompanied at any disciplinary hearing. Common responses to allegations of bullying and or harassment include denial or disbelief that the behaviour was offensive or was not welcome. None of this alters the fact that a complaint has been made which may lead to disciplinary action.
16.4 The disciplinary process may lead to disciplinary action being taken, up to and including summary dismissal (without notice). This action can be taken for situations where the action took place in either:
· A work situation
· During a situation that is related to work, which may include a social event with colleagues
· Outside of a work situation and against a colleague, or other person connected to the organisation. This could include on social media and the circumstances therefore make it a work matter and entitle the organisation to address the matter under our policy and procedures.
16.5 The severity of the penalty imposed upon an employee believed to be guilty of bullying and or harassment will be consistent with other disciplinary offences. Where the bully/harasser is given a warning short of dismissal, discussions will take place with the person making the complaint, and, where necessary, any reasonable steps will be taken to alter working practices to minimise contact between the affected employees.
16.6 The decision-making process will take account of any aggravating factors which are circumstances relevant to the complaint. Examples of aggravating factors include (but not limited to):
· The harasser was in a position of trust and responsibility and their actions were an abuse of that power over a junior member of the team.
· The employee had a disability and faced difficulties in speaking up.
· The individual was a low paid worker and had insecure work, making them vulnerable to harassment because of their economic circumstances.
16.7 An employee who receives a warning or is dismissed for bullying and or harassment may appeal against the penalty in accordance with our disciplinary procedure. In serious cases where criminal charges may be appropriate, for example sexual assault, it may be necessary to refer the case to the police.
16.8 Where the complaint is made against a client this will be investigated, and such steps will be taken as are reasonably necessary to protect the employee or worker. The complainant should not be moved except at their request or in exceptional circumstances.
16.9 Full consideration will be given to how the on-going working relationship between the parties should be managed going forwards. This may involve, for example, arranging for some form of mediation or counselling or a change in the duties or reporting lines of either party. This will apply even where a complaint is not upheld (for example where evidence is inconclusive).
16.10 Once this has been resolved and time has been given to allow relationships to stabilise and return to normal in the workplace, contact should be maintained with the affected employees informally. If further problems of bullying, harassment or victimisation are encountered, or the employee or worker continues to suffer stress or anxiety, immediate action should be taken to investigate or find a solution.
17 Support and guidance
17.1 We are mindful of the impact that bullying and harassment can have and understand that this may be particularly distressing time. We also respect an employee and worker’s decision to report any incident to the police. We are therefore committed to ensuring that when any complaints are raised, the individual is fully supported and has access to appropriate lines of support.
17.2 Employees and workers can speak to a senior manager not involved in any investigation who will be able to provide guidance on how the company’s investigation process works.
17.3 We also recognise the impact of being accused of bullying and harassment and that this may be particularly stressful in the rare event of false accusations. During the course of investigating a complaint, the matters are regarded as alleged until a final outcome is reached, and disciplinary action shall only be taken if it is found there is a case to answer. If an employee or worker is found to have been falsely accused, they will be provided with any support as be appropriate for them.
17.4 Employees and workers who are members of a Trade Union can seek support as part of their membership.
17.5 Sources of external advice, information and guidance on bullying and harassment is shown below.
17.5.1 Citizens Advice Bureau
· National phone line: 0800 144 8848 (England), 0800 702 2020 (Wales)
· Online chat: click here
· Website: click here
17.5.2 National bullying helpline
· Freephone: 0300 323 0169
· Telephone: 0845 225 5787
· Website: click here
17.5.3 Rape Crisis England & Wales
· Telephone: 0808 500 2222
· Online chat: click here
· Website: click here
17.5.4 The Equality Advisory and Support Service: for advice, information and guidance on equality, discrimination or human rights issues.
· Telephone: 0808 800 0082
· Textphone: 0808800 0084
· Website – click here
18 Related policies and documents
· Disciplinary policy
· Diversity policy
· Grievance policy
· Social Media
The above list is not exhaustive.
19 Further information
Any queries or comments about this policy should be addressed to your line manager.
20 Policy owner
This policy is owned and maintained by a Director.
21 Policy review date
Date last reviewed: November 2024