Harassment and Bullying
NATFHE guidance for branches
This document contains guidance for branches on how to deal with harassment and bullying,
including the harassment of colleagues on the basis of age, gender, race, sexuality or
disability. The focus of this short guide is on practical steps that can be taken within each
institution. It defines the various types of harassment and bullying. It suggests ways to
tackle them. It gives guidance to union representatives and those suffering. Each college or
university is required by law to have grievance and disciplinary procedures through which
allegations can be investigated. This document can be used to help when negotiating such a
policy.
Some definitions
There are different ways to understand harassment and bullying. Most dictionaries define the
terms similarly, both meaning 'to intimidate or oppress, by means of threats or physical or
psychological force'. The University of Greenwich anti-harassment policy employs the
following useful definition.
'Behaviour which a particular recipient finds disturbing and upsetting and which
therefore constitutes a detriment. A misuse of personal or institutional power. It is a
form of less favourable treatment based on a person’s gender, race, ethnicity,
disability, sexual orientation, age, religion, class background, political or trade
union affiliation. Behaviour which degrades, patronises, humiliates, intimidates or
threatens a recipient.'
According to ACAS:
'Bullying may be characterised as offensive, intimidating, malicious or insulting
behaviour, an abuse or misuse of power through means intended to undermine,
humiliate, denigrate or injure the recipient. Harassment, in general terms, is
unwanted conduct affecting the dignity of men and women in the workplace. It may
be related to age, sex, race, disability, religion, nationality or any personal
characteristic of the individual, and may be persistent or an isolated incident. The
key is that the actions or comments are viewed as demeaning and unacceptable to
the recipient'.
There is no legal definition of bullying, but there are definitions of harassment. The Race
Discrimination Directive (2003) defines racial harassment as occurring when, on the grounds
of a person's race, another person 'engages in unwanted conduct which has the purpose or
effect of (a) violating that other's dignity; or (b) creating an intimidating, hostile, degrading,
humiliating or offensive environment for that other'. Similar definitions now apply in most
other areas of equality law.
1
One point to note is that this definition covers not just the direct patterns of relationship
between two people, but institutional factors as well: for example, a college or university
that tolerated public display of images which degraded women, could be subject to legal
action for sexual harassment.
In this document, we distinguish between harassment and bullying in the following terms.
Both harassment and bullying are patterns of unwanted behaviour designed to intimidate or
create an intimidating atmosphere. So both harassment and bullying are largely similar
patterns of behaviour. There is, however, one important distinction to bear in mind. For us,
workplace bullying depends at least in part on unequal relationships at work. So the typical
form of workplace bullying might be a situation in which one individual who has the power
to hire or fire a second individual relates to them in an intimidating manner – for example,
by giving them repeated orders, by giving them too much or too little work, by using the
threat of their greater power in the workplace to intimidate the other. Anyone can be bullied,
it does not have to relate to race, gender, sexuality or disability.
From this definition, it follows that there are different patterns of workplace bullying. The
first individual might be the line manager of the second individual. Alternatively, they might
not actually manage them, but be in some general position of workplace superiority: for
example, they might be employed in a different area of work, but on a higher grade (perhaps
a personnel manager bullying a junior lecturer). Alternatively, the first individual might not
actually be formally superior to the second, but might have some informal power or
authority which is related to some part of their life at work: they might have been employed
at that institution for longer, or they may have arrived more recently, but been promoted
faster. Or they might simply have a more intimidatory personality.
Bullying can cause physical and psychological damage. Many people who are bullied find
themselves leaving their work. Examples of bullying at work include spreading rumours,
making threats, undue criticism, unfair use of disciplinary procedures, blocking access to
promotion, withholding information, excessive supervision, or the opposite, leaving junior
colleagues unsupervised so that they can be blamed for failure.
In winter 1997, the TUC ran a ‘Bad Bosses Hotline’. It logged 5000 calls in five days. Many of
the callers were professionals, including lecturers. Over a third of respondents complained
about bullying or harassment.
The processes of constant change, which shape further and higher education, contribute to a
culture of bullying. In further education, the years that followed incorporation took power
away from lecturers. This change was accompanied by a rise in bullying. In higher education,
colleagues know that the quality assessment and research assessment cycle are associated
with more deadlines and a much greater pressure of work. In this context, working
relationships have become much more fraught.
For us harassment in the workplace is a different pattern of behaviour. It is intimidation that
draws its force, at least in part, from unequal relationships outside work. Thus racial
harassment is a pattern of different conduct. In its most extreme forms, such harassment
may constitute aggression, physical attack or even murder. But in even in its less violent
2
forms – when it is 'only' a pattern of teasing or denigration or name-calling, or spreading
rumours or innuendo – racial harassment still draws its strength from a memory of other
situations in which real violence happened, and from the experience of a society in which
black people are still denied equal rights and dignity. Thus behaviour which a well-meaning
but basically unsympathetic manager might regard as seemingly 'minor' can in reality be
experienced by its victim as an extreme and violent assault on their own personal dignity.
The consequences
Harassment and bullying can take many forms but however they occur the results are the
same: loss of confidence, low morale, stress, health problems, and absenteeism. They can
affect performance at work and job satisfaction. Most people who suffer harassment do not
want to look for a new job or to sue their employer. They want the bullying to stop, the
harasser to be disciplined, and themselves to be protected from any future victimisation. The
most effective means of dealing with bullying or harassment is to develop, implement and
publicise a policy to prevent them from happening. Advice on drawing up such a policy is
given below.
Harassment and bullying are health and safety issues as well as equality issues. Harassment
not only makes people feel threatened, humiliated, patronised and miserable; it can also
have a direct effect on a person's mental and physical well-being. Harassment is one of the
most common but least discussed occupational health hazards. Bullying can result in
emotional stress, including anxiety, tension, anger, irritability, depression; physical stress,
including headaches, nausea, digestive problems, cystitis, sleeplessness, fatigue, general
physical disability and lack of resistance to infection; work-related stress, including dread of
work, the inability to concentrate, the inability to think clearly and interference with
judgment.
Harassment and bullying can have an adverse effect on relationships with family and friends
as well as work colleagues. The effects can often be long-term, lasting well after the
harassment has ceased. Harassment means that employers do not get the best from their
employees. Absenteeism and under-performance are direct consequences of harassment.
Failure to deal appropriately with harassment reduces the effectiveness of the institution and
increases the impact on the recipients, producing disillusionment and apathy. Therefore
employers are worse off because valuable resources and potential are being wasted. Good
staff leave or are denied promotion because action is not being taken to stamp out these
offensive practices.
Using the law
Almost everyone who experiences bullying or harassment wants to take action of some sort,
in the short-term to stop the behaviour from happening again, or in the long run, to seek
some sort of redress from those responsible. Many people think that the most effective way
to do this is to take the bully or the harasser to court, whether that it is a civil court or an
industrial tribunal. The overwhelming experience of trade unions has been that the courts
are bad allies when it comes to defending victims' rights.
3
There are many reasons. Chairs of tribunals are important people. They are of a certain age
and a certain class. Their natural sympathies are with people like them, namely employers
and managers. The law itself is weak. No government in twenty-five years has been
sympathetic to workers' rights. Even the present government has legislated hesitantly, when
pressure from outside has forced its hand. The Acts of Parliament that outlaw discrimination
are framed with many exceptions and get-out-clauses.
Going to court can be a lengthy and costly experience. Most cases are lost, and those that
win are often paid a relatively low level of compensation. It is exceptionally rare that any
person who goes to tribunal is successful in keeping hold of their job. Even people who win
can end up feeling that they have been further victimised. Finally, the legal process itself can
feel like a whole new experience of bullying or harassment, as well-paid lawyers are
employed to 'take apart' the cases of the people who suffered discrimination.
For all these reasons, the most effective ways to use the law are not in the courts, but
through procedures at work: grievance procedures, disciplinary procedures, or harassment
procedures. These are the places in which the victims of harassment and bullying are
actually most likely to win.
There is still no legal category of bullying. But many of the behaviours that constitute
bullying relate to experiences that are regulated by law. A bullying manager who sacks their
employees may be carrying out unfair dismissals. Employee privacy is protected under
Article 8 of the European Convention on Human Rights. It is illegal to discriminate on the
basis of trade union membership. Ironically this is one of the few protections that survived
the Conservatives anti-trade union laws, and has remained relatively strong.
The Employment Tribunals (Constitution and Rules of Procedures) Regulations 2004 insist
that every single employer must have disciplinary and grievance procedures in place.
(Harassment procedures can count for these purposes as an example of grievance
procedures.) Any employer who has disciplined a worker – for example, by sacking them –
without following these rules would by definition be breaking the law.
One other feature of these Regulations is that they insist that all employees must go through
all appropriate procedures before going to tribunal. If not, their case will not be heard. This
reinforces our earlier advice that the victims of harassment and bullying must take
complaints in-house before looking outside, to any court or tribunal.
The law on harassment has developed in recent years. The Protection from Harassment Act
1997 allows civil courts to award damages to victims of harassment for ‘any anxiety caused
by the harassment and any financial loss resulting from the harassment’. This law is
important when dealing with cases of sexual harassment. The burden of proof is lower in
civil courts, which makes it easier for someone to stop the harassment from continuing.
Since 2003, European Directives have established the principle that workplace discrimination
is illegal, whether it results from grounds of sex, race, disability, sexual orientation, religion
or age. Most of these laws have already come into effect in Britain; the last remaining one
(age) will come into effect in winter 2006. A common definition of ‘harassment’ applies
4
across all these different areas (except gender). So in the Race Discrimination Directive, as
we have seen, harassment is defined as occurring where ‘unwanted conduct related to racial
or ethnic origin takes place with the purpose or effect of violating the dignity of a person
and of creating an intimidating, hostile, degrading, humiliating or offensive environment’.
The regulations outlawing discrimination on the grounds of sexuality define harassment in
exactly the same terms. The guides produced by the Incomes Data Service (IDS) that
accompany the law state that 'an employer is liable for acts of harassment committed by his
workers in the course of their employment unless he took reasonable steps to present the
acts occurring.' The IDS guide gives examples of harassment that can affect someone on the
basis of their own sexuality, or their perceived sexuality, or of the culture of intimidation
within an institution – the directives cite the example of a worker whose son is gay. 'People
in the workplace often tell jokes about gay people and tease the worker about his son's
sexual orientation. This may be harassment on the grounds of sexual orientation, despite it
not being the victim's own sexuality that is the subject of the teasing.'
The common clause referring to 'unwanted conduct' has the effect of meaning that any act
may constitute harassment, even if the victim has not had the chance to make known their
objection prior to the act. The clause referring to 'purpose or effect' means that the harasser
can be found to have caused distress and harm, even if that was not their conscious, prior
motivation. The reference to 'environment' means that employers have a positive duty to
creative an environment free of bullying. Therefore, rules, posters, buildings, and all other
background factors need to be checked to make sure that no harassment is taking place.
Don't let the victims suffer alone
In these various ways, the law places a duty on every employer to create an atmosphere free
from bullying or harassment. Trade unions also have our own duties, to our members. We
should be seen to take a leading role in challenging any acts of discrimination, including
harassment and bullying. Trade unions are motivated by principles of equality – 'an injury to
one is an injury to all.' The worst thing that could happen would be if the union was to
tolerate harassment, failing to challenge acts that were reported to us.
NATFHE members should ensure that those who suffer bullying or harassment are treated
fairly and that those who perpetrate such behaviour are dealt with appropriately. Branches
should ensure that institutions have an agreed policy, enforced by management practice.
The employer bears legal responsibility for ensuring the health and safety of employees, and
has a responsibility to protect and care for employees at work, so institutions should make it
clear that no harassment will be tolerated.
Harassment may go beyond the workplace, for instance if a woman is followed home or
suffers repeated telephone calls at home. Harassment and bullying can also take place at
union conferences and training courses. Action will be taken against any NATFHE members
who behave in this fashion while on union business or elsewhere.
Many people would rather not deal with cases of bullying or harassment either because, as a
union representative, they have not been trained to help and feel unsure of their ability to
5
tackle a difficult issue, or because as complainants they cannot face the additional stress
involved in reporting incidents. Other staff may not realize that colleagues are being
harassed or they may fail to understand the extent of the damage being done.
The fear of many workers is that the bullying they experience will be treated as an isolated
problem, as if it was caused by just a failure in their relationship with another colleague.
Targets of harassment often fear that their complaints will not be taken seriously. Managers
can often appear unsympathetic. The danger is that trade unions can fail in the same way.
If one person is being bullied or harassed, they will not be alone. Harassers usually adopt
several targets. In organisations where bullying is prevalent, a climate of intimidation can be
created which is harmful for everyone. Union representatives have a positive duty to create a
friendly environment in the branch, where the outlines of cases can be raised in a manner
that is sympathetic and which respects the rights of all individuals to confidentiality.
Trade unionists need to get the balance right between individual diagnosis and collective
action. Many of the solutions to harassment and bullying lie in collective, environmental
factors. Bullying flourishes in over-competitive environments, where there is fear of
redundancy, cuts or reorganisation, where workers are not involved in decision making, and
above all in institutions which have no clear procedures for resolving grievances.
When an individual approaches a union to report harassment, their first concern is to
discover whether their complaint will be taken seriously. Good representation begins with
listening to the case as it is described. Workplace bullies try to isolate their targets. Union
reps need to give a sympathetic response, at the start of the process, and the whole way
through.
The targets of harassment and bullying need to feel in control of their case. It should be
their decision who to tell and when. The role of the NATFHE representative is to listen and
advice, not to direct.
Students
One way in which colleges and universities are different from other workplaces is through
the presence of students. They can be the sources of bullying, or its victims. Students can
make easy targets for serial harassers. NATFHE members should ensure that students are
aware of their rights and know the procedure for making a complaint.
It is possible that students may harass staff. If such incidents are brought to the attention of
management, and they fail to take any action, then the employer will have failed in their duty
to create an environment free from harassment, and they may become liable to legal action.
It is also important to recognise that lecturers may harass students and that this is an abuse
of power that could be subject to disciplinary action. NATFHE members should remember
that they have a professional relationship with their students. NATFHE strongly advises all
lecturers to desist from even consensual sexual relationships with their students. Branches
may feel it is appropriate to extend sexual harassment policies to include a section covering
6
consensual relations with students. A discussion document on this issue is available from
NATFHE headquarters and regional offices.
Equality and inequality
Harassment and bullying are shaped by unequal workplace and social relationships. But it
would be wrong to imagine that the only inequality is the one between the employer and the
worker. Harassment can come from other employees, from management, students, members
of the public and colleagues. Nor are members of management immune from harassment.
NATFHE believes that the workplace should be a site of equal treatment. The NATFHE Rule
Book identifies the following among the aims and objects of the Union: '2.3 To protect
members who are individually or collectively discriminated against or harassed on the
grounds of colour, ethnic origin, gender, disability, age or sexual orientation' and '2.11 To
promote policies directed towards the elimination of behaviour, attitudes and practices
which discriminate against people on the grounds of ethnic origin, gender, religion, politics,
sexual orientation, age or disability.'
People can be subjected to harassment on a wide variety of grounds: their skin colour, race,
ethnic origin, or nationality, their gender or sexual orientation, their religious or political
beliefs, their physical or mental ability/disability, their age, their trade union activities, class,
status as ex-offenders, their real or suspected infection with AIDS/HIV, their marital status,
their size or personal appearance. Anyone who is perceived as different, who is a minority or
who lacks organisational power is vulnerable. However, there are some groups generally
more likely to suffer from harassment, including women, black people, and lesbians and gay
men.
Sexual harassment
Sexual harassment at work is a serious problem, and even apparently trivial incidents can
have significant long-term effects. Sexual harassment is experienced by women of all ages
and the harasser is generally male. However on occasion such harassment can be directed by
women against men, or there may be examples of sexual harassment of men by men, or of
women by women. Although many women who are harassed are young, older women can be
affected also. Nor is harassment necessarily confined to those who fit the conventional
stereotypes of desirability.
For black women, the dividing line between sexual and racial harassment is often blurred.
They can be particularly vulnerable if they are at the bottom of the hierarchy at work and
they may find that supervisors side with white harassers. Sexual harassment is not restricted
to attempts to start a sexual relationship. As with racial harassment, the term covers
harassment and offensive behaviour based on the gender of the recipient. Such behaviour
may be verbal, non-verbal or physical.
Examples might include telling sexual stories or jokes, making sexual innuendoes, making
suggestive comments, sexual propositions, or continued suggestions for social activity
7
outside the workplace after it has been made clear this is unwelcome. Sometimes sexual
harassment is communicated in a non-verbal manner, through winking, leering, whistling, or
making suggestive gestures, or displaying or downloading porn, or showing offensive
posters.
Any incidents of sexual assault should always be reported to the police.
Flirtation based on mutual consent and attraction is not harassment. Many people meet their
future partners at work and flirting is a natural beginning. The difference between 'having a
laugh' with colleagues which both parties enter into and enjoy and sexual harassment is that
the latter involves unwelcome attention.
Harassment is conduct which is uninvited and unwanted by the recipient (even if there has
been some previous relationship). Whether or not the harasser intended to be offensive is
irrelevant. The limit of acceptable behaviour is up to the recipient to decide.
For many women the problem is made worse because they feel they are in some way to
blame for the harassment and are ashamed to discuss it. Suffering in silence can allow the
harasser to feel their behaviour is condoned.
Women may also fear victimisation if they complain of sexual harassment. Victimisation of
the complainant is itself unlawful even if it is subsequently found that no harassment
occurred. Harassment may be accompanied by explicit or implicit promises of reward in
return for sexual favours, which might affect a subordinate's employment. Threats of
punishment for non-cooperation may also be made.
Sexual harassment is often linked with power and is rarely about sexual desire. Harassment
can be a way of asserting superiority, of 'keeping women in their place'. Women may
threaten men's perception of their status in the workplace and they may exert control by
such an abuse of power.
The victim is often junior to the harasser and a rejection can lead to bullying and
intimidation. Harassment can also extend to women in authority over men. A man can harass
a woman in a higher status job to undermine her authority or make her less able to carry out
her duties well. It is likely that sexual harassment will occur more frequently in institutions
where sexist attitudes towards women persist. Both women and men should be prepared to
challenge the behaviour of their colleagues and not to excuse it.
Racial harassment
Racial harassment at work is a serious matter that can result in black workers resigning their
posts rather than facing continued harassment. Often the real reason goes undetected. It can
involve relations between workers, or unfair procedures and decisions by management. It
can be both intended and unintended. Racial harassment undermines equality at work by
making black employees feel marginal and unable to demand what is their right - equal
access to jobs, training, promotion and good working conditions. Racial harassment
reinforces segregation in the workplace.
8
Racial harassment is a humiliating and degrading experience and its extent is often underestimated. White workers may ignore its impact. For many black employees, racist activities
can be an everyday event in their working lives. All trade unionists should actively oppose
racial harassment.
There is no objective test for racial harassment. It is important to remember that what one
person finds deeply upsetting, another may not. Differences of attitude or culture and the
misinterpretation of social signals can mean that what is perceived as racial harassment by
one person may not seem so to the harasser. Once again, the point is not what the harasser
meant or intended, the point is what they did.
Racial harassment is behaviour of a racial nature or based on the person's race and is
unwelcome, offensive or intimidatory to the recipient. Harassment can include attacks on
property as well as on the person.
Examples of such behaviour include racist and patronising remarks, racist and offensive
ridicule, name-calling, stereotyping, intrusive questioning, and remarks about accent or
dress. Non-verbal harassment can include racist graffiti, exclusion from social events,
displaying racially offensive material. The most serious incidents can include physical
assault.
Black members may be denied access to benefits such as training or suffer other examples
of unfair management action, for example the disproportionate use of disciplinary action.
Lone black members need collective support if they are to resist racist attempts to
undermine their confidence or make their working lives a misery.
The number of racial attacks in Britain has only been collected since the Macpherson Inquiry
into the events surrounding death of Stephen Lawrence. The figure has been rising sharply
since then. Over 54,000 racist attacks were reported by the police in 2001/2, with around
one half tacking place at home, the majority of the rest occurring on the street, and a
smaller number taking place at school or at work.
Harassment of lesbians, gay men, bisexuals and trans
people
Harassment of lesbians and gay men is often overlooked. It important that union negotiators
ensure it is covered by a collective agreement with management. Before 2003, lesbians and
gay men had little protection in law against discrimination or harassment in the workplace.
Many lesbians and gay men are still unable to be open about their sexuality for fear of
harassment from colleagues, management, students or members of the public. The constant
need to maintain a fiction of heterosexuality can be extremely stressful. Black lesbians and
gay men who continually face racism, may find their problems exacerbated. The right of
lesbians and gay men to be open about their sexuality should be respected at all times.
Drawing attention to an individual's sexual orientation should be prohibited, except with the
clear consent of the individual concerned. Sexual orientation is a private matter and of no
concern to anyone unless the person wishes or needs to raise it as an issue. Some lesbians
9
and gay men may be 'out' or open about their sexual orientation to a limited number of
colleagues or to everyone at work. 'Outing' someone to colleagues, management or students
without their prior consent is a form of harassment.
Harassment can start from the assumption that heterosexuality is superior to homosexuality
and bisexuality and is therefore the only 'normal' and 'natural' form of sexual relationship.
Examples include: homophobic 'jokes', gossip and innuendo, stereotypical assumptions,
assuming that all gay men have HIV, exclusion from normal conversation, exclusion from
social events, displaying offensive material, sneering or whispering, doing stereotypical
impressions, or inviting opposite-sex couples only to events. The most serious incidents can
include physical assault.
Stonewall identifies three factors - discrimination, harassment, and the closet (concealing the
fact that one may be a lesbian or gay man) - as combining to keep the problem
underground, where it is difficult to deal with.
Bisexuals can be the victims of homophobia. Meanwhile, studies of the trans community
suggest that harassment is also common, with instances of name-calling and physical
attacks being reported regularly.
Discrimination cannot be confronted if people need to stay in the closet to avoid
harassment. Complaints of harassment cannot be made to management if people fear
discrimination if they come out. If someone is in the closet, they cannot go to management
to ask for sexuality to be included in the equality policy. But without inclusion in the policy,
few are prepared to risk coming out. Therefore, it is important for branches to ensure that
union and college equality policies specifically include the four LGBT groups.
Harassment of people with disabilities
Research carried out by the Greater London Authority in 2003 found that around 50% of
disabled people had suffered from harassment on the grounds of their disability.
Harassment of people with disabilities is usually founded in ignorance and an inability to see
the person, only their impairment. The position of disabled people in the workplace can be
undermined by such harassment. Information and a better understanding of the issues can
prevent discrimination. The term 'disabled' can cover those who have a physical disability, a
mental illness, or emotional, behavioural or learning difficulties. Not all people with
disabilities are white or heterosexual. Harassment of people with disabilities by the ablebodied is based on a person's physical or mental disability and is offensive to the recipient.
Where someone applies for a job and identifies as disabled, management may assume that
employing them would be an insuperable problem. Neither epilepsy nor diabetes will prevent
someone from doing a job, yet many managers may find reasons for not appointing such a
colleague. People suffering or recovering from mental illness should not be treated
adversely. Embarrassment can lead to those colleagues returning to work after a breakdown
being ignored, when they may need friendly, open support.
10
Examples of harassment include offensive language, intimate questions, assumptions that
disabled people do not have a social, sexual life, interfering attempts to 'help', equating
physical and mental disability, uninvited touching, speaking to carers rather than to the
person with a disability.
Harassment on grounds of disability became an offence in October 2004.
Harassment on grounds of age
The impact of ageism is more likely to affect women given society's pressure on women to
appear young and attractive. Women are more likely than men to be ridiculed and treated
with contempt when they wrinkle, spread and sag (although these responses can adversely
affect men too). In addition, women can suffer adverse effects on their career by taking
career breaks and then being deemed too old for promotion on their return.
There are two main aspects to the general view of older people: negative assumptions being
made about old age, and people being treated not as individuals but as a homogenous
group. Being old, or rather not being young, is seen as undesirable. The connotations are so
negative that even to call someone 'old' can be insulting.
It is likely that employers will discriminate on the grounds of age in recruitment and
selection for training or promotion. But age is an extremely inaccurate way of measuring
someone's ability to do a job. Many negative and false assumptions exist about older
workers. They are perceived as: having higher levels of absenteeism due to ill health, and
being slower, less productive, resistant to and unable to cope with change, unable or
unwilling to learn new skills. The young can also be stereotyped as unreliable, having a
weaker work ethic, poorer inter-personal skills, or being less stable
Such discrimination by management and colleagues affects the attitudes of the victims and
can lead to lowered self-esteem, passive acceptance of the status quo or simply opting out,
deciding that age barriers are so strong that it is not worth applying for training, promotion
or a new job.
Harassment can occur with the continued use of derogatory or stereotypical remarks such as
referring to older people as 'geriatrics’, 'over the hill', 'old boys' or 'old girls' or 'senile'. In
addition there may be moral pressure on older workers to take voluntary redundancy.
Because of the budgetary difficulties faced by some new colleges and universities, the
traditional approach has been to focus on 'last in, first out', voluntary redundancies and early
retirement. In their efforts to switch to a younger and cheaper workforce, employers may
endeavour to get rid of people on grounds of ill health. Such policies result in an aggressive
de-selection of the over-fifties with a consequent loss to institutions of experience and
continuity.
If mandatory retirement ages are abolished in 2006, as currently seems likely, employers
may respond by invoking capability procedures in an aggressive manner to force older
workers out of their jobs. NATFHE branches should never allow such practices to go
unchallenged.
11
Preventing Harassment and bullying
Management and union representatives should not assume harassment and bullying are not
problems in the institution because no complaints have been made before. It may be that
employees feel their complaint will not be taken seriously, will not be treated as confidential,
or believe there is no point in complaining as no action will be taken.
Action by management
Union representatives should press management to take action:
1
Agree a policy statement prohibiting harassment and bullying and including definitions
of unacceptable behaviour;
2
Adopt a complaints procedure designed to deal with allegations of bullying or
harassment;
3
Ensure that harassment and bullying are made disciplinary offences;
4
Publicise the institution’s stance on harassment and bullying to all staff and students;
5
Let employees know they have a right to make a complaint;
6
Ensure line managers are responsible for implementing policy;
7
Ensure managers deal with complaints of harassment and bullying speedily and by
informal means where appropriate and where possible;
8
Appoint a member of management to oversee the implementation of the policy;
9
Pending a hearing, minimise the risk of confrontation between the complainant and the
person said to be responsible for the bullying or harassment. They should not have to
work together;
10 Agree constitution of a panel for hearing complaints with formal terms of reference;
11 Ensure that at least one member of any panel is a woman. Ideally a majority of members
should be women in cases of sexual harassment. Similarly there should be at least one
black/Asian representative if possible, and thought should also be given to the
composition of panels if age, disability or sexuality are issues in the complaint;
12 Ensure that any formal hearings can take place in private;
13 Procedures should account for the possibility that the person responsible for the bullying
or harassment may be a member of management or a supervisor. Should that person
normally be a member of a panel, then a replacement must be made;
14 Procedures should also include the possibility of recourse to the members of the
Governing Body where a complaint is made against the Principal or senior managers;
12
15 Panel members should be trained in relevant equality issues and in the conduct of
hearings, and management should direct appropriate funds towards such training.
Training should include direction that questions about dress, relationships, conduct and
other personal matters will be inadmissible;
16 There should be strict time limits. Common practice is to allow ten working days for the
different stages of the agreement;
17 Where bullying or harassment is found, enforce an appropriate penalty including oral
warning, written warning, suspension, moving office and dismissal;
18 The possibility of staff development for the person accused of bullying or harassment
should be considered if appropriate – if behaviour is a result of ignorance rather than
intent, awareness-raising training could assist;
19 Solutions that rely on moving the bullied or harassed person should be avoided, unless
specifically requested;
20 Provide sympathetic counselling for victims of harassment and bullying;
21 Ensure training is provided on recognising, preventing and dealing with harassment and
bullying. This should be repeated at regular intervals to ensure new employees are fully
aware of policy and procedures;
22 The member of management appointed to oversee implementation of the policy should
monitor the number and nature of the complaints annually, and ensure all procedures
are reviewed and updated as necessary. Any reports should maintain the anonymity of all
parties.
Action by branch officers
NATFHE branch officers must ensure that all members treat harassment and bullying as
serious workplace issues. If women, black members, lesbian and gay men or others suffering
harassment do not see their union taking firm action to protect them from harassment and
discrimination, they are hardly likely to join or remain in the membership. All union
members pay their subscriptions and are thereby entitled to a full and equal service from
their union representatives. Branch officers should therefore:
Negotiate an equality policy with the employer
It is important that an equality policy includes recognition of harassment and bullying as
workplace problems and outlines procedures to deal with them. A joint approach with other
recognised unions may help to persuade the employer that the unions take the issues
seriously.
Raise harassment and bullying issues at branch meetings
Make sure harassment and bullying are recognised as legitimate union issues by discussing
them at branch meetings. This should signal to those capable of bullying or harassment
13
what behaviour is inappropriate and what the consequences will be. Consider getting a
speaker from another branch that has tackled the issue.
Designate a contact person
Designate a branch officer to whom union members can go for advice. Harassment and
bullying are sensitive issues and complaints are never easy to resolve. It is vital that any
member who believes they may have been harassed feels confident that NATFHE will deal
with the complaint sympathetically and effectively.
Many women find it hard to discuss a case of sexual harassment with a male Officer. Some
branches have Equality Officers or Women’s Officers who deal with these cases. Branches
should consider appointing a Women’s Officer or designating a woman member of the
branch Committee to deal with cases of sexual harassment and publicising such
appointments. Similarly a member suffering from racial harassment may find it easier to talk
to someone black. Union branches should also consider appointing separate people to deal
with incidents affected by age, sexuality or disability.
Attend relevant training
It is recommended that those who volunteer to act as counsellors for union members
undergo training in dealing with harassment and bullying. It is also advisable for all branch
officers to be trained in handling complaints of harassment and bullying. Both assertiveness
training and harassment training may help to equip people to respond effectively, whether
directly to being harassed, or in support of someone who has been harassed. Branch officers
should ensure institutions allocate resources for appropriate training. In addition, branch
officers and members can contact their Regional Office, Regional Training Officer or the
Training Unit at NATFHE Head Office for details on relevant courses.
Understand disciplinary procedures
Branch officers should brief themselves on the relevant disciplinary procedures so that they
can respond to members quickly and effectively.
Provide advice and support for members
All union representatives should:

treat cases of harassment and bullying seriously and support the member(s) involved;

ensure confidentiality is maintained;

take up cases as quickly as possible;

seek to resolve allegations of harassment and bullying by use of informal means where
possible since a speedy resolution of incidents is desirable and less stressful for the
person being harassed. Often people can simply be careless in their language or
behaviour and a warning will suffice;
14

establish whether other workers have experienced similar problems if possible (without
breaking the confidentiality of the member complaining);

advise the member(s) complaining of bullying or harassment what to do and how the
procedure works. Before involving a formal procedure, advise the complainant to ask the
person accused of bullying or harassment to stop. If the member feels able to do this, go
with them as a witness to the response of the other person;

report the incident(s) to the appropriate person in management and keep a record of
each occurrence of the offending conduct and of any meeting with the person named as
responsible for the bullying or harassment;

seek the support, with the member’s agreement, of other staff to reduce the risk of
isolation and victimisation;

always take a stand against racist, sexist and homophobic language and behaviour and
against pornography in the workplace.
Branch officers should remember that a person who has been bullied or harassed often finds
it very difficult to talk about the incident to a third party. They may be embarrassed, afraid
of being disbelieved or not taken seriously, afraid of further damaging the working
environment or of bias on the part of the union representative because they are of the same
background or sex as the personable responsible for the offence. Being questioned about
the incident(s) can add considerably to the stress already being suffered as a result of the
bullying or harassment.
A member who has reported being bullied or harassed should not be questioned in a way
that implies they have consciously or unconsciously invited the bullying or harassment.
Remarks implying that the behaviour must have been meant as a joke or that the person
responsible was only being 'friendly' are unacceptable.
The member should not be placed in the situation of having to repeat the same statement to
union representatives and managers during the course of the resolution of a case of
reported bullying or harassment. Where it appears at an early stage that this may be
necessary, a written statement of events should be produced which will reduce unnecessary
repetition of questions.
If a member alleges that they are being unjustly accused, either by another member of staff
or a student, the branch officer should seek to ascertain whether what is at stake is a
misunderstanding of what might constitute bullying or harassment, or a case of deliberate
malicious accusation. If the former, the officer should seek to advise the member on how to
change his/her behaviour to avoid giving offence, and seek an informal resolution. If the
case cannot be informally resolved, the member is entitled to representation to ensure a fair
hearing. If the branch officer is convinced that the accusation is malicious, s/he should help
the member to prepare a defence, collect evidence and ensure that they are properly
represented. It may be necessary to bring in the regional official to assist with the case.
15
Conflicts of interest
NATFHE representatives should take seriously and deal with all complaints of bullying or
harassment and provide support for members suffering offensive behaviour. However, where
one union member complains against another, NATFHE representatives may be faced with a
conflict of interest. The victim of bullying or harassment is entitled to protection from such
behaviour by management and may reasonably expect NATFHE representation to obtain
such protection. (If management fails to give such protection the advice of the Regional
Official should be sought).
However, a member who is accused of bullying or harassment may also expect NATFHE
representation at disciplinary hearings. All members are entitled to representation to ensure
that disciplinary hearings are conducted fairly. NATFHE should be concerned to ensure that
the member is treated fairly and, in particular, that the member has an opportunity to deny
the allegations or to present any mitigating circumstances. It is important to remember at all
times that an allegation is not necessarily true. It must be made clear, however, that the
union is not condoning offensive behaviour in general by providing representation for the
alleged protagonist.
It may be inappropriate for a particular NATFHE branch officer to represent a member in
disciplinary proceedings because of a previous involvement in assisting the complainant. In
these circumstances the advice of the Regional Official should be sought. Where the Regional
Official is in such a position s/he will arrange such other representation as may be
appropriate. See the NATFHE document Conflict and Resolution for more advice.
Negotiating a policy on harassment and bullying
All NATFHE local negotiators should ensure that their institution has a policy on workplace
bullying harassment and an effective procedure for dealing with it. Where the employer is
retaining an existing equality policy, a reference to harassment and bullying can be
incorporated, or a separate set of clauses negotiated. The policy needs to be circulated to all
staff, trainees, job applicants and students. The main aim is to prevent harassment and
bullying by making it clear that such behaviour is unacceptable and is a disciplinary matter,
and that it may be unlawful. Where an employee’s duties bring them into contact with the
public, the policy should recognise the employer’s duty to prevent and/or deal with any
bullying or harassment from that source. Where students are on work placements, course
tutors should ensure copies of the policy are made available to the organisation: should
instances of bullying or harassment of students occur, it may be necessary to review the use
of that organisation for work-placement students.
The joint union-management statement should:

state that harassment and bullying at work will not be tolerated;

define harassment and bullying and give examples of them;

ensure that the groups likely to suffer harassment are included;
16

ensure that both informal and formal procedures for dealing with cases of harassment
and bullying are included;

state that harassment and bullying are disciplinary offences and that they will be dealt
with under agreed disciplinary procedures;

set out procedures for dealing with complaints of harassment and bullying;

stress that staff complaining of harassment and bullying should approach their union
representative. It could also include a list of other individuals and organisations that can
offer advice and support to victims.
Where the employer is retaining an existing equality agreement, a reference to workplace
harassment and bullying can be incorporated. For example:
‘The (union/s) and (employer) recognise that all employees have a right to a
working environment free from harassment and bullying and are committed to
ensuring that such behaviour, which affects the dignity of any individual or
group of individuals, does not occur.
‘Harassment and bullying can take many forms and may be directed
particularly against women, black and ethnic minorities, lesbians and gay
men, or towards people because of their age, religion, physical and mental
disability, or other characteristic. They may involve actions, behaviour,
comment or physical contact which is found objectionable or which causes
offence. They can result in the recipient feeling threatened, humiliated, or
patronised and they can create an intimidating work environment.
‘Managers and supervisors have a positive duty to establish and maintain a
workplace free from harassment and bullying.
‘Harassment and bullying will not be tolerated and appropriate disciplinary
measures will be taken against employees found guilty of them.
‘Complaints will be handled with all possible speed and confidentiality. In
settling the complaint, every effort will be made to relocate the person
accused of bullying or harassment and not the person bullied or harassed. No
employee need fear victimisation for bringing a complaint of bullying or
harassment.’
The policy should give examples of the most common forms of harassment and bullying
covered by the prohibition. It should also set out employees’ rights and duties and tell them
what to do if they are bullied or harassed.
There can be disadvantages in using grievance procedures to deal with cases of bullying or
harassment. However, complainants should have recourse to the grievance procedure if
management fail to act.
Procedures for dealing with bullying or harassment should include:
17

provision for dealing with the case promptly within a strict time limit that would not put
at risk a tribunal application. Complaints under the various equality laws have to be
lodged within three months of the last incident occurring. The person accused of bullying
or harassment and the person bullied or harassed should both know how long an
investigation panel will deliberate, the time scale for disciplinary hearings and the
procedure the panel will adopt;

provision for making complaints to senior or personnel managers if the alleged bullying
or harassment has been carried out by supervisors or management;

provision for making complaints to the governors where allegations of bullying are made
against senior managers;

provision for maintaining strict confidentiality;

provision for the person being bullying or harassed to be accompanied or represented by
NATFHE at all stages.

in cases of sexual harassment, provision for a female member of management to assist
with the investigation;

provision to protect the complainant while the procedure is in train, and after any
disciplinary action;

strict time limits for any period of suspension of anyone accused of bullying or
harassment, on full pay or otherwise;

clearly stated penalties.
Negotiated agreements should also contain a commitment to informing and training staff on
the content of the policy and their part in it, and training for management and unions in
handling complaints.
The institutions should fund appropriate training both for management and union
representatives and agree time off for such training.
Further education institutions may find it helpful to consult the existing 'Joint agreement on
harassment' between the Association of Colleges and recognised staff unions. If adopted,
this agreement needs to be improved locally by the inclusion of a section on bullying; and in
particular by some consideration of staff complaints of bullying by their managers.
Finally, if it is right that bullying can be caused not just by the individual aggression of a
particular manager, but by the context in which the institution is developing, it follows that
any attempts to end a culture of bullying should not result simply in a policy against bullying
or harassment, but should also take on board wider issues that might encourage bullying to
take place. Good anti-bullying and anti-harassment practice should also take on board other
issues as appropriate, including the physical fabric of the institution, the relative dependence
on hourly-paid or casual contracts, the use of competence procedures, the incidence of
redundancy, the levels of staffing within affected areas, the levels of staff within other areas
18
including personnel, the quality of institutional communication and consultation, the general
levels of access to equality or management training – all the different areas which affect
whether an institution feels supportive of its staff, or not.
19
Appendix A: What to do if you are being bullied or
harassed – advice for NATFHE members
Do not ignore it
If you feel that you are being subjected to bullying or sexual or racial harassment or
harassment on the grounds of your sexuality, do not feel that it is your fault or that you have
to tolerate it. Many people ignore harassment and bullying for fear of being labelled a
troublemaker but it is unlikely that the conduct will stop if you ignore it. The bully is often
doing this to try and exert control, so silence may be interpreted as acquiescence.
Ask the person responsible for the bullying or harassment to stop
In some circumstances you might be able to ask the protagonist to stop. If you wish, take a
NATFHE representative or friend with you. It is important that you accompany your union
representative even if you do not say anything. This will prevent the person responsible for
the offensive behaviour claiming that you did not complain personally, leading them to
believe that you did not object. You can do this in writing – outline as clearly as possible
what behaviour you find offensive and the effect it has on you. If you feel unable to tackle
the person concerned, this does not imply that you consent to the behaviour nor will it
prejudice any complaint you may wish to bring.
Get support
Talk about the problem with a friend, a colleague or NATFHE representative. Do not hesitate
to contact someone even when an incident occurs only once. They may be able to suggest
ways of resolving the problem.
Collect evidence of the bullying or harassment
It is important to keep a note of all relevant incidents including dates, times, places. This will
be invaluable in proving your case if you make a complaint. Wherever possible get witnesses
to provide factual evidence. If there are no witnesses to an incident, tell a colleague or
representative and make a note.
Find out if the same person is bullying or harassing anyone else
Often a bully will have a history of such behaviour. You will gain confidence from discovering
you are not alone.
Complain to your NATFHE representative
Report the problem to your NATFHE branch Secretary, branch Equality Officer or other
representative as soon as possible. Even if you decide not to pursue the case, it is important
that the union is aware of any incidents of harassment.
20
There will be informal and formal procedures for dealing with the situation. The decision on
how to progress the complaint rests with the complainant.
If the person responsible for the bullying or harassment is a union representative, discuss
with another branch officer the best way to proceed. Any discussions will be confidential and
further action involving you will not normally be taken without your express permission. Nor
will the person you are complaining about be given your name as complainant without your
permission.
You should contact your branch Secretary, branch Chair or branch Equality Officer in the first
instance. In the rare situation that you feel there is no branch officer that you can approach,
perhaps because they are implicit in the bullying or harassment, you should contact your
Regional Office.
Members should bring their concerns to NATFHE first rather than approaching, for example,
outside organisations such as the Equal Opportunities Commission or the Commission for
Racial Equality.
Make a formal complaint
If you or your NATFHE representative cannot resolve the problem by asking the person to
stop, you or your representative should make a formal complaint, which should then be
investigated by management.
If formal disciplinary proceedings are to be taken against the person responsible for the
bullying or harassment, you will be required to give evidence. It may be difficult for you to
undertake this but it would not be in your best interests for the case to be considered in
your absence.
21
Appendix B: Guidance for witnesses
Witnesses are the third party to incidents and may feel vulnerable like the victim, particularly
if the person accused of bullying or harassment is employed on a higher grade. It is often
difficult to know what to do if the victim appears to be ignoring the bullying or harassment.
If support and advice is needed, approach your NATFHE representative or a Contact or
Named Person who can advise in confidence. However, there are several steps you could take
if you observe someone being bullied or harassed.

Speak to the person who is being bullied or harassed informally and confidentially and
tell them what you have observed.

Ask if they feel able to discuss the situation. Do not underestimate the effects of the
bullying or harassment on them since they may be upset or unable to talk to anyone. Do
not press for information.

If they wish to discuss the incident, listen sympathetically and, if permitted, take notes as
these may be useful at a later stage. You must respect the person’s privacy and need for
confidentiality.

If they are unable to discuss the matter with you, encourage them to talk to someone
they trust, a Named Person or Contact. Offer to contact the person they choose on their
behalf and make arrangements for a meeting.

22
Remember that if a formal complaint is made, you may be called upon to give evidence.
Appendix C: Guidance for those accused of bullying or
harassment
If you have been told that your behaviour makes someone feel uncomfortable, then you
should stop. Even though your behaviour may seem innocent to you, it is important to
consider its effect on others. Referring to someone in a derogatory way, making sexist or
racist, homophobic or other offensive remarks, putting your arm around another person’s
shoulders etc. may seem trivial but may be offensive and harassing to others. If you are told
that your behaviour is offensive, you should consider the following points:

Remember it is the other person’s reaction to your behaviour, which is important, not
your intention nor the reaction you think they should have.

Listen carefully to the complaint and to the particular concerns expressed.

Stop the offending behaviour immediately and review the way you behave at work. It may
be you have upset other colleagues who have not complained.

If you do not understand the complaint, discuss the matter with your NATFHE
representative or someone else you trust.

If you are found to have bullied or harassed someone after their objection to your
behaviour was made known to you, the fact that you persisted will make the offence
more serious if disciplinary proceedings commence.
If you are convinced that you are being unjustly accused, and/or that the complaint is
malicious, you should:

Contact a branch officer. It may be that an informal discussion between you, the person
alleging ill-treatment, and a third party will solve the problem.

If this does not occur, and it is clear that formal proceedings will ensue, ask for NATFHE
representation. A branch officer or official may agree to represent you.

You should gather evidence in your defence, including witnesses.

If the outcome of a formal hearing is to find you guilty of bullying ot harassment,
NATFHE may continue to represent you through any internal procedures for appeal.
However, you should be aware that NATFHE may not support you further (unless the
representatives are convinced that a miscarriage of justice has occurred) beyond advising
you of your legal rights.
23
Appendix D: Online resources
Harassment and bullying
BBC guide: www.bbc.co.uk/health/work/emotional_bully1.shtml
Bullying online: www.bullying.co.uk/
Harassment law UK: www.harassment-law.co.uk/
Success unlimited: www.successunlimited.co.uk/
Support for learning: www.support4learning.org.uk/counsel/bullying.htm
TUC Online: www.tuc.org.uk/tuc/rights_bullyatwork.cfm
Gender equality
A double disadvantage: www.herts.ac.uk/business/centres/bristolhertsreport.pdf
Equal Opportunities Commission: www.eoc-law.org.uk
Maternity Alliance: www.maternityalliance.org.uk
National Abortion Campaign: www.gn.apc.org/nac
Age
Age Concern: www.ageconcern.org.uk/
Age Positive: www.agepositive.gov.uk/
Campaign Against Age Discrimination in Employment: www.caade.net
Third Age Experts: www.thirdageexperts.com
Sexuality
The Knitting Circle: myweb.lsbu.ac.uk/~stafflag/natfhe.html
Outrage: www.outrage.org.uk
Press for Change: www.pfc.org.uk/
Schools Out: www.schools-out.org.uk
Stonewall: www.stonewall.org.uk
Race
Commission for Racial Equality: www.cre.gov.uk/
24
Committee to Defend Asylum Seekers: www.defend-asylum.org/
Institute of Race Relations: www.irr.org.uk/
Love Music Hate Racism: www.lmhr.org.uk/
National Assembly Against Racism: www.naar.org.uk/
National Coalition of Anti-deportation campaigns: www.ncadc.org.uk/
Romani.org: www.romani.org/
Unite: www.uar.org.uk/
Disability
British Deaf Association: www.bda.org.uk
Disability Net: www.disabilitynet.co.uk
Disability Rights Commission: www.drc-gb.org
Federation of Deaf People: www.fdp.org.uk
RADAR: www.radar.org.uk
Royal National Institute for Deaf People (RNID): www.rnid.org.uk
Royal National Institute for the Blind (RNIB): www.rnib.org.uk/
SKILL: www.skill.org.uk
Other useful links
Equality Challenge Unit: www.ecu.ac.uk
Yourrights: www.yourrights.org.uk
ACAS guide for employees: www.acas.org.uk/publications/AL05.html
ACAS guide for employers: www.acas.org.uk/publications/AL04.html
25