bullying & harassment
introduction
the employer is committed to the provision of a fair, healthy and safe workplace in which everyone is treated with dignity and respect and in which no individual or group feels bullied, threatened or intimidated.
bullying or harassment in any form is unacceptable behaviour and will not be permitted or condoned.
we recognise that bullying and harassment can exist in the workplace, as well as outside, and that this can seriously affect workers' working lives by detracting from a productive working environment and can impact on the health, confidence, morale and performance of those affected by it, including anyone who witnesses or has knowledge of the unwanted or unacceptable behaviour.
harassment
the intention of these procedures are to inform workers of the type of behaviour that is unacceptable and to provide procedural guidance.
we recognise that we have a duty to implement this policy and all workers are expected to comply with it.
harassment is any unwanted physical, verbal or non-verbal conduct based on grounds of age, disability, gender identity, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation which affects the dignity of anyone at work or creates an intimidating, hostile, degrading, humiliating or offensive environment.
a single incident of unwanted or offensive behaviour can amount to harassment.
harassment can take many forms and individuals may not always realise that their behaviour constitutes harassment. examples of harassment include:
insensitive jokes and pranks
lewd or abusive comments about appearance
deliberate exclusion from conversations
displaying abusive or offensive writing or material
unwelcome touching and
abusive, threatening or insulting words or behaviour.
these examples are not exhaustive and disciplinary action at the appropriate level will be taken against employees committing any form of harassment. Appropriate action in relation to an employee will include disciplinary action in accordance with the employer’s disciplinary and disciplinary termination procedure. For other workers, appropriate action may include termination of their engagement with the employer.
bullying
bullying is repeated, offensive, abusive, intimidating, insulting or unreasonable behaviour directed towards an individual or a group, which makes the recipient(s) feel threatened, humiliated or vulnerable. note: single incidents of bullying will not be tolerated.
bullying can occur in the workplace and outside of the workplace at events connected to the workplace, such as social functions or business trips.
bullying can be a form of harassment and can cause an individual to suffer negative physical and mental effects.
bullying can take the form of physical, verbal and non-verbal conduct. As with harassment, there are many examples of bullying, which can include:
abusive, insulting or offensive language or comments
unjustified criticism or complaints
physical or emotional threats
deliberate exclusion from workplace activities
the spreading of misinformation or malicious rumours and
the denial of access to information, supervision or resources such that it has a detrimental impact on the individual or group.
these examples are not exhaustive and disciplinary action at the appropriate level will be taken against employees committing any form of bullying. appropriate action in relation to an employee will include disciplinary action in accordance with the employer’s disciplinary and disciplinary termination procedure. for other workers, appropriate action may include termination of their engagement with the employer.
reasonable management action taken in a reasonable way
it is reasonable for managers and supervisors to allocate work and to give fair and reasonable feedback on a worker’s performance. these actions are not considered to be workplace bullying or harassment if they are carried out lawfully and in a reasonable manner, taking the particular circumstances into account.
examples of reasonable management action can include but are not limited to:
setting reasonable performance goals, standards and deadlines
rostering and allocating working hours where the requirements are reasonable
transferring a worker for operational reasons
deciding not to select a worker for promotion where a reasonable process is followed
informing a worker of their unsatisfactory work performance
meeting with a worker to discuss performance and/or conduct
informing a worker of their unreasonable or inappropriate behaviour in an objective and confidential way
implementing organisational changes or restructuring and
taking disciplinary action including suspension or termination of employment.
bullying & harassment complaint procedures
we recognise that complaints of bullying, harassment, and particularly of sexual harassment, can sometimes be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. in these circumstances you are encouraged to raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper.
if you are the victim of minor bullying or harassment you should make it clear to the alleged bully or harasser on an informal basis that their behaviour is unwelcome and ask the individual to stop. if you feel unable to do this verbally then you should hand a written request to the individual, and your confidential helper can assist you in this.
where the informal approach fails or if the bullying or harassment is more serious, you should bring the matter to the attention of management as a formal written complaint and again your confidential helper can assist you in this. if possible, you should keep notes of the bullying or harassment so that the written complaint can include:
the name of the alleged bully or harasser
the nature of the alleged incident of bullying or harassment
the dates and times when the alleged incident of bullying or harassment occurred
the names of any witnesses and
any action already taken by you to stop the alleged bullying or harassment.
on receipt of a formal complaint we will take action to separate you from the alleged bully or harasser to enable an uninterrupted investigation to take place. this may involve a temporary transfer of the alleged bully or harasser to another work area or suspension of employees (with contractual pay) until the matter has been resolved.
the person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. you have the right to be accompanied at such a meeting by your confidential helper or another work colleague of your choice and you must take all reasonable steps to attend. those involved in the investigation will be expected to act in confidence and any breach of confidence will be a disciplinary matter.
on conclusion of the investigation which will normally be within ten working days of the meeting with you, a report of the findings and of the investigator's decision will be sent, in writing, to you and to the alleged bully or harasser.
general
if the report concludes that the allegation is well founded, appropriate action will be taken against the bully or harasser.
if you bring a complaint of bullying or harassment you will not be victimised for having brought the complaint. however, if the report concludes that the complaint is both untrue and has been brought with malicious intent, appropriate action will be taken against you. appropriate action in relation to an employee will include disciplinary action in accordance with the employer’s disciplinary and disciplinary termination procedure. for other workers, appropriate action may include termination of their engagement with the Employer.