Harassment and bullying policy

Policy overview

We commit to creating a working environment free of behaviour that employees may find unacceptable. We will treat all employees with dignity and respect.

Harassment and bullying can have severe consequences for employees and the council. It can:

  • make people unhappy and anxious
  • affect performance at work
  • affect family and social relationships
  • lead to mental and physical health difficulties
  • contribute to low morale and engagement
  • lead to poor performance and increased staff turnover
  • result in absence and reputational damage

We expect all employees to act as role models for the organisation. We want them to challenge behaviours and actions that may affect people's health and wellbeing.

The policy applies to all staff, including agency workers, temporary workers and contractors. 

We take all complaints or issues about unacceptable behaviour towards our employees seriously.We have a zero tolerance approach and will not hesitate to take action against harassment and bullying behaviour when appropriate. This includes behaviour from other employees, councillors, members of the public or people working with us from other organisations. 

Principles

All employees have the right to expect a work environment that is free from:

  • intimidation
  • bullying
  • harassment

We commit to supporting an inclusive environment with mutual respect and understanding.

We may treat any form of intimidating behaviour as a disciplinary matter. This applies in the workplace during working hours and at other work-related activities. For example, training courses, conferences and social functions.

Serious harassment may be a criminal offence under the Protection from Harassment Act 1997. It may also be an offence under the Criminal Justice and Public Order Act 1994.

We have a duty to prevent harrassment and we support our managers in taking appropriate action to correct inappropriate behaviour. We want their teams free of conduct which could constitute harassment and bullying.

Harassment

There are three types of harassment which are unlawful

  • Harassment related to a protected characteristic
  • Sexual harassment, conduct of a sexual nature
  • Less favourable treatment of a worker because they submit to, or reject sexual harassment or harassment relating to sex or gender reassignment

Harassment occurs when someone engages in unwanted conduct that:

  • violates someone else's dignity
  • creates an intimidating, hostile, degrading, humiliating or offensive environment
  • unwanted means unwanted by someone from their perspective; it can be subjective

Harassment related to a protected characteristic includes:

  • age
  • disability
  • gender reassignment
  • marital or civil partner status
  • pregnancy or maternity
  • race (colour, nationality, ethnic or national origin)
  • religion or belief
  • sex, sexual orientation or identity

It is essential to understand that:

  • a single, serious incident may amount to harassment
  • a person may experience harassment even if not the intended 'target' of the behaviour in question. For example, racist jokes create an offensive environment. People do not need to belong to an ethnic group for racist jokes to be harassment.
  • a person need not possess a relevant protected characteristic themselves. The may experience harassment due to:
    • their association with another person who has a protected characteristic
    • a perception that they have a protected characteristic, even if that perception is wrong
  • a person's conduct might amount to harassment even if there was no intention to offend
  • it is also unlawful for an employer to harass a job applicant
  • there may be circumstances where conduct that is accepted, at some point ‘oversteps the mark’ and becomes unwanted

Examples of harassment

Harassment may be physical, verbal or non-verbal. Examples of harassment may include but are not limited to:

  • unwanted physical contact, ranging from touching to serious sexual or physical assault. Invading someone's personal space may amount to harassment
  • verbal conduct, such as:
    • sexist, racist, ageist or homophobic comments
    • derogatory remarks about an individual or group with a protected characteristic
    • offensive slogans, insults or comments of a personal nature
    • suggestive remarks and innuendo
    • nicknames, inappropriate 'banter', jokes or language
  • unwanted non-verbal conduct, including:
    • sexually-suggestive behaviour
    • physical gestures
    • staring and leering
    • sexual posts or contact on social media 
    • other unwanted sexual attention or advances
    • unwelcome touching, hugging, massaging or kissing
  • the display, storage or circulation of offensive or sexual material. This includes information held on or accessed by computer or through social media and images or written words in the working environment such as graffiti
  • conduct that threatens, ridicules, intimidates, abuses, undermines or undervalues an individual. This includes:
    • derogatory or degrading remarks or insults
    • offensive comments about appearance or dress
    • spreading malicious rumours
  • open aggression, obscenities, uncontrolled anger
  • belittling in front of others, persistent criticism or sarcasm
  • suggestions that sexual favours may result in career advancement or another benefit. Or, that refusal of such suggestions may result in some form of detriment
  • unfair treatment, which may include deliberately excluding someone from social activities because:
    • they have a protected characteristic
    • are perceived to have a protected characteristic
    • associate with a person who has a protected characteristic

Bullying

Bullying is any behaviour which is:

  • offensive
  • abusive
  • intimidating
  • malicious
  • insulting

It is also a misuse of power, which makes the 'target' feel:

  • upset
  • threatened
  • humiliated
  • vulnerable
  • undermined

It is challenging to recognise bullying when it is subtle or not face-to-face. For example, bullying may take place through social networking sites or via text messages. It tends to be more than one single act carried out over a period of time.

Examples of bullying may include but are not limited to:

  • persistent unnecessary criticism
  • shouting at colleagues, whether in public or private
  • deliberately isolating a person by ignoring or excluding them
  • withholding information from a person
  • removing areas of responsibility from a person without justification
  • taking credit for others' work but never the blame when things go wrong
  • spreading malicious rumours
  • making inappropriate personal comments
  • blocking leave or training applications without reason
  • setting objectives with impossible deadlines to deliberately undermine a person
  • intentionally misrepresenting the views of others, including senior management
  • condescending behaviour or threatening treatment that humiliates, intimidates or demeans

Raising a harassment or bullying complaint

If you believe you have suffered harassment or bullying, you should follow our grievance procedure. 

Alternatively, employees may raise issues in confidence with a senior officer in HR services by email.

You should raise the matter, where possible, without delay. We do not want you to feel subject to this behaviour for a lengthy period.

We will take action when an employee:

  • commits an act of harassment or bullying, or
  • breaches this policy in any other way

They may face action, up to and including dismissal, under our disciplinary procedure.

Agency workers or contractors may submit a complaint about harassment or bullying.

If an agency worker or contractor commits an act of bullying or harassment, they will face formal action. Depending on the circumstances, this may involve terminating any contract or agreement.

Victimisation

Victimisation occurs when someone mistreats an employee because: 

  • they make or support a complaint 
  • raise a grievance under the Equality Act 2010
  • are suspected of making a complaint or raising a grievance
  • they submit to or reject sexual harassment or harassment

We will not tolerate:

  • the victimisation of a person for making allegations of harassment or bullying in good faith
  • supporting someone to make such a complaint 

We may take disciplinary action against the perpetrator of such behaviour.

Examples of victimisation can include:

  • ignoring someone or not offering them a job
  • blocking opportunities, such as training or progression

We cannot protect employees from victimisation if they act maliciously to make or support a false complaint.

We will take any malicious or unwarranted allegations of harassment or bullying seriously. We will take appropriate action, disciplinary or otherwise, where necessary.