CONTENTS
5. ANTI-HARASSMENT AND BULLYING POLICY
7. WHAT ARE HARASSMENT (INCLUDING SEXUAL HARASSMENT) AND BULLYING?
8. INFORMAL STEPS TO RESOLVE BULLYING OR HARASSMENT
9. RAISING A FORMAL COMPLAINT ABOUT BULLYING OR HARASSMENT
12. SENSITIVITY AND CONFIDENTIALITY
14. THIRD-PARTY SEXUAL HARASSMENT
15. EQUAL OPPORTUNITIES AWARENESS
1. INTRODUCTION
The Company is committed to promoting equal opportunities in employment. You and any job applicants will receive equal treatment regardless of age, disability, gender reassignment, marital, civil partner or parental status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (these are known as Protected Characteristics).
It is unlawful to discriminate against or harass other people including current and former employees, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts), and on work-related trips or events including social events. The Company will not tolerate any discriminatory practices or behaviour.
Unlawful discrimination
The following forms of discrimination are prohibited under this policy:
a. Direct discrimination
Treating someone less favourably because of a Protected Characteristic. For example, rejecting a job applicant because of their religious views or because they might be gay.
b. Indirect discrimination
A provision, criterion or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others, and is not justified. For example, a height requirement of 5ft 10ins would be likely to eliminate proportionately more women than men. If this criterion cannot be objectively justified, it would be indirectly discriminatory on the grounds of sex.
c. Harassment
This includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in this section within our Anti-harassment and Bullying Policy.
d. Victimisation
Retaliation against someone who has complained or has supported someone else\’s complaint about discrimination or harassment.
e. Disability discrimination
This includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.
2. RECRUITMENT AND SELECTION
We aim to ensure that no job applicant receives less favourable treatment on any of the unlawful grounds listed in this policy. Our recruitment procedures are reviewed as necessary to ensure that individuals are treated on the basis of their relevant merits and abilities. Job selection criteria are reviewed as necessary to ensure that they are essential for the effective performance of the job and therefore justified on non-discriminatory grounds.
3. DISABILITIES
If you are disabled, or become disabled, you are encouraged to tell us about your condition. This is to enable us to support you as much as possible. You may also wish to advise the Office of any reasonable adjustments to your working conditions or the duties of your job which you consider to be necessary, or which would assist you in the performance of your duties. The Office may wish to consult with you and with your medical adviser(s) about possible reasonable adjustments.
Careful consideration will be given to any such proposals and they will be accommodated where possible and proportionate to the needs of your job. Nevertheless, there may be circumstances where it will not be reasonable for us to accommodate suggested adjustments and we will ensure that we provide you with information as to the basis of our decision not to make any adjustments.
We will monitor the physical features of any Company owned offices to consider whether they place disabled workers, job applicants or service users at a substantial disadvantage compared to other staff. Where possible and proportionate we will take steps to improve access for disabled staff and service users.
4. BREACHES OF THE POLICY
Allegations regarding potential breaches of this policy will be treated in confidence and investigated in accordance with the relevant procedure.
Staff who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations which are found to have been made in bad faith will, however, be dealt with under our Disciplinary Procedure.
Any member of staff who is found to have committed acts of discrimination or harassment will be subject to disciplinary action. Such behaviour may constitute gross misconduct and, as such, may result in summary dismissal. We always take a strict approach to serious breaches of this policy.
5. ANTI-HARASSMENT AND BULLYING POLICY
All staff must be treated with dignity and respect, free from harassment or other forms of bullying at work. This policy sets out examples of the type of conduct that may constitute harassment or bullying and our commitment to eliminating such conduct.
All staff are responsible for treating their colleagues with dignity and respect and should consider whether their words or conduct could be offensive to others. Even unintentional harassment or bullying is unacceptable.
Where harassment or bullying is shown to have taken place it will be dealt with under our Disciplinary Procedure as a form of misconduct. In some cases, it may be treated as gross misconduct leading to summary dismissal of those responsible.
6. WHAT THE LAW REQUIRES
Under the Health and Safety at Work Act 1974 we have a duty to provide our staff with a safe place and system of work. This includes a workplace free from harassment and bullying which may, in certain circumstances, also amount to unlawful discrimination.
We are also responsible for ensuring that staff are protected from unlawful harassment, bullying or discrimination in the course of their work on grounds of age, disability, gender reassignment, marital, civil partner or parental status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.
In accordance with the Worker Protection (Amendment of Equality Act 2010) Act, we are required to take reasonable steps to protect our workers and agents from sexual harassment, which includes harassment of workers by third parties.
Individual members of staff may also in some cases be held legally liable for harassing their colleagues or third parties including customers, and may be ordered to pay compensation by a court or employment tribunal.
7. WHAT ARE HARASSMENT (INCLUDING SEXUAL HARASSMENT) AND BULLYING?
Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating the recipient’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Harassment can occur in a work situation, a situation outside the normal workplace or normal working hours related to work, outside of a work situation but involving a colleague or other person connected to the organisation, including on social media.
Unwanted conduct can cover a wide range of behaviour including spoken words, written words, banter, posts or contact on social media, imagery, graffiti, physical gestures, facial expressions, mimicry, jokes or pranks, acts affecting a person’s surroundings.
Harassment often (but not exclusively) targets the gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief or age of the victim. A single incident of unwanted or offensive behaviour to one individual can amount to harassment.
Sexual harassment occurs when a worker is subjected to unwanted conduct which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.
For example, if a worker altered a pornographic image by pasting an image of a colleague’s face on it, then sends it to their other colleagues, causing them to ridicule them, there was no sexual motivation behind the act, but the use of the image is sexual in nature.
Conduct of a ‘sexual nature’ can include:
- displaying sexually graphic pictures, posters or photographs;
- sexual comments or jokes;
- sexual gestures;
- making promises in return for sexual favours;
- suggestions that sexual favours may further a career or that refusal of sexual favours may hinder it;
- intrusive questions about a person’s private or sex life or a person discussing their own sex life
- sexual posts or contact on social media;
- spreading sexual rumours about person;
- gossip and speculation about someone’s sexual orientation or transgender status, including spreading malicious rumours;
- sending sexually explicit emails or text messages;
- the sending or displaying of material that is pornographic or obscene or that some individuals or groups may find offensive (including e-mails, text messages, video clips and photographs taking or sent using mobile phones or via the internet);
- unwelcome touching, hugging, massaging or kissing;
- suggestive looks, staring or leering;
- unwelcome sexual behaviour, which the harasser may perceive as harmless flirting, and which may involve unwanted suggestions, advances, propositions or pressure for sexual activity.
The word ‘unwanted’ means essentially the same as ‘unwelcome’ or ‘uninvited’. The word ‘unwanted’ means essentially the same as ‘unwelcome’ or ‘uninvited’.
Sexual harassment also covers treating someone less favourably because they have been submitted to or refused to submit to unwanted conduct of a sexual nature or in relation to gender reassignment or sex.
Other examples of harassment include:
- Unwanted physical conduct or ‘horseplay’. Physical conduct ranges from touching, pinching, pushing or brushing past someone or invading their personal space, to grabbing, shoving, punching and more serious forms of physical or sexual assault;
- Continued suggestions for social activity with or outside the workplace after it has been made clear that such suggestions are unwelcome;
- Inappropriate behaviour whether in the form of offensive or intimidating comments or gestures or insensitive jokes or pranks;
- Ignoring or shunning someone, for example by deliberately excluding them from a conversation or a workplace social activity;
Bullying is offensive, intimidating, malicious or insulting behaviour which, through the abuse or misuse of power, makes the recipient feel vulnerable, upset, humiliated and threatened. Power includes both personal strength and the power to coerce others through fear or intimidation.
Bullying is often a form of harassment and can undermine an individual’s self-confidence, competence and self-esteem. As with harassment, bullying can take the form of physical, verbal and non-verbal conduct.
Legitimate and constructive criticism of a worker’s performance or behaviour or reasonable requests made of workers in the course of their employment will not constitute bullying.
Examples of bullying include:
- Shouting at, being sarcastic towards, ridiculing or demeaning others;
- Physical or psychological threats;
- Overbearing and intimidating levels or supervision;
- Inappropriate and/or derogatory remarks about someone’s performance;
- Abuse of authority or power by those in positions of seniority;
- Unjustifiably excluding colleagues from meetings or communications.
Harassment or bullying can occur both in the workplace, online and in settings outside the workplace, such as business trips, events or social functions organised for or on our behalf and whether on or off our premises.
Anyone who believes they are being subjected to harassment or that they are being bullied should not hesitate to use the procedures set out below.
8. INFORMAL STEPS TO RESOLVE BULLYING OR HARASSMENT
If you consider that you are being bullied or harassed, you should initially attempt to resolve the problem informally with the person responsible if you feel able, and explain clearly to them that their behaviour is not welcome or makes you uncomfortable.
If this is too difficult or embarrassing to do on your own, you should seek support from the Company Secretary. The Company Secretary will provide confidential advice and assistance to those who believe they have been bullied or harassed and will offer to assist in the resolution of any problems, whether through informal or formal means.
If informal steps have not been successful or would not be appropriate you should follow the formal procedure set out below.
9. RAISING A FORMAL COMPLAINT ABOUT BULLYING OR HARASSMENT
The informal procedure may not be appropriate due to the nature of the harassment or bullying because you do not feel able to talk directly to the person creating the problem. In these cases, or where the informal procedure has been unsuccessful, you should raise your complaint in writing to the Company Secretary, whose role is to achieve a solution wherever possible and to respect the confidentiality of all concerned.
Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, the date(s) and time(s) at which it occurred and the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.
You will not be victimised for having raised a concern or complaint in good faith.
10. FORMAL INVESTIGATIONS
At the outset of the investigation, the investigator will meet with you to hear your account of the events leading to your complaint. We will arrange further meetings with you as appropriate throughout the investigation and/or at its conclusion.
The investigator will also meet with the alleged harasser or bully. It may also be necessary to interview witnesses to any of the incidents mentioned in your complaint. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised to them.
Any worker who is, after investigation, found to have deliberately provided false information or to have acted in bad faith may be subject to action under our Disciplinary Procedure.
Where the alleged bully/harasser is a third party, we may need to adjust the procedure under this policy to ensure we conduct appropriate investigations and we will discuss this with you.
If the investigation indicates there is reason to believe harassment or bullying may have occurred, the case will be dealt with under our disciplinary procedure.
If the disciplinary hearing finds that there are reasonable grounds to believe that harassment or bullying has taken place, consideration will be given to whether the harasser or bully should be dismissed and, if not, whether they should remain in their current post or be transferred. Action will be taken to stop the harassment or bullying immediately and prevent its recurrence.
Even where a complaint is not upheld, consideration will be given to how the ongoing working relationship between you and the alleged harasser or bully should be managed. This may involve, for example, arranging some form of mediation or counselling or a change in the duties or reporting lines of either party.
11. APPEALS
If the grievance has not been resolved to your satisfaction you may appeal in writing in accordance with our grievance policy procedures.
12. SENSITIVITY AND CONFIDENTIALITY
Anyone involved with an informal or formal complaint about bullying or harassment, including witnesses, must keep the matter strictly confidential and act with appropriate sensitivity to all parties.
If you are found to have breached confidentiality or acted without due care or sensitivity in a case of bullying or harassment, we may take disciplinary action against you up to and including dismissal (or other appropriate action for non-employees).
13. RECORD-KEEPING
We process personal data collected in relation to bullying or harassment complaints in accordance with our data protection policy. In particular, data collected in relation to the investigation of bullying or harassment complaints is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the complaints and conducting an investigation.
You should immediately report any inappropriate access or disclosure of employee data in accordance with our Data protection policy as this constitutes a data protection breach. It may also constitute a disciplinary offence, which we will deal with under our disciplinary procedure.
14. THIRD-PARTY SEXUAL HARASSMENT
Third-party sexual harassment occurs when a member of our team is subjected to sexual harassment by someone who is not part of our staff but who is encountered in connection with work. This includes our suppliers, friends and family of colleagues, delegates at an event, self-employed contractors etc.
Third-party sexual harassment of our team is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.
The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone. However, failure of an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claim.
In order to prevent third-party sexual harassment from occurring, we will Inform third parties (i.e., contractors, suppliers etc.) of our equality of opportunity and dignity at work policies and zero tolerance approach to sexual harassment.
If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to a Director.
Should a third party sexually harass a member of our workforce, we will take appropriate action which may include warning the third party about their behaviours or banning them. Any criminal acts would be reported to the police.
We will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment of this kind may lead to disciplinary action including termination of employment.
15. EQUAL OPPORTUNITIES AWARENESS
All employees will be informed of the Company’s expected standards of conduct in respect of equality of opportunity and dignity at work at the induction stage of employment. This will outline the need for equality and dignity in the workplace, the impact that discrimination, bullying or harassment may have on fellow employees and what the consequences of derogatory conduct or remarks may include.
Where necessary, the Company will take additional steps to ensure there is an appropriate awareness amongst employees of the effects of discriminatory behavior, bullying or harassment.
16. MONITORING
Finally, we believe that equality of opportunity is about good and effective employment practice, and about creating an environment in which everybody can be assured that their contribution is valued. The Company will not tolerate discrimination, bullying or harassment of any kind in the working environment and will take positive action to prevent its occurrence.
Equal Opportunities practice is developing constantly as social attitudes and legislation change. The Company will monitor the effectiveness of its policies and will implement changes where these could improve equality of opportunity. This commitment applies to all the Company’s employment policies and procedures, not just those specifically connected with equal opportunities.
In accordance with the legal requirement of an employer to take reasonable steps to prevent sexual harassment, senior management will conduct a risk assessment for prevention of sexual harassment, develop an action plan and put in place reasonable preventative measures. We will continue to monitor and review this risk assessment and action plans, at regular intervals, considering whether any further preventative actions are reasonable to take.
This policy will be monitored on a regular basis by senior management. Where there are issues with the way the policy is working, these will be looked at closely with a view to identifying measures to improve the effectiveness of the policy.