Baytree School
Harassment and Bullying Policy
February 2013
Introduction
North Somerset Council is committed to ensuring that all employees work in a
healthy and safe environment free from discrimination, intimidation and
harassment. Harassment and bullying is totally unacceptable, and the
Council is committed to preventing and eradicating it in all of its forms. It will
provide education and training to staff to pursue these commitments.
Employees are the School’s most valuable and important resource and it has
a duty of care to ensure that their working environment enables them to
contribute to their fullest potential and that they feel confident in their place of
work.
Scope of the Policy
This policy applies to any acts of harassment or bullying in the work place and
covers all employees of North Somerset Council.
Complaints made by members of the public alleging harassment or bullying
by staff will be dealt with through the normal complaint procedure.
Aims of the Policy
To ensure that all of our employees are treated with respect and dignity
and that they feel confident in the way they will be treated whilst at work
To ensure that harassment and bullying is prevented, that any occurrence
is treated seriously and appropriate action taken to prevent it
To make all employees aware of what constitutes harassment and bullying
and what the Councils policy is.
To ensure that employees are aware of the responsibilities in relation to
Bulling and Harassment
To ensure that the procedures for dealing with Harassment and Bullying
are known to all
What is Harassment and Bullying
Harassment
Harassment can be defined as 'conduct which is unwanted, uninvited and
which fails to accord respect to an individual or group of individuals.
(Harassment and bullying are closely linked; bullying itself is a sustained form
of psychological harassment).
Examples of inappropriate behaviour are:
Unwelcome comments and gestures
Verbal statements which are felt as insults
Threatening or obscene behaviour
Silence
Shunning of a particular employee
Unwanted physical contact
Jokes of a derogatory nature
Exclusion
Differential treatment
Sexual Harassment
Sexual harassment can be defined as 'unwanted conduct of a sexual nature
or other conduct of a sexual nature or other conduct based on sex affecting
the dignity of men and women at work' This definition would also cover the
harassment of lesbians and gay men.
Examples of inappropriate behaviour are:
Physical - unwanted physical contact including unnecessary touching,
patting, pinching or deliberately brushing against another employees body,
assault and coercing sexual intercourse
Verbal - unwelcome sexual advances, propositions or pressure for sexual
activity, continued suggestions for social activity outside of the workplace
after it has been made clear that such suggestions are unwelcome,
offensive flirtations, suggestive remarks, innuendoes or lewd comments ,
gossip and speculation about someone's sexuality
Non Verbal - the display of pornographic or sexually suggestive pictures ,
objects or written materials, leering, whistling or making sexually
suggestive gestures(in paper form, VDE, e mail ,intranet)Conduct - that is sex based that denigrates or ridicules or is intimidatory or
physically abusive of an employee because of her/his sex, including
derogatory or degrading abuse or insults that are gender related and
offensive comments about appearance or dress.
Racial Harassment
Racial harassment is 'racially motivated actions and behaviours which are
directed at people because of their race, colour, ethnic origin, cultural
differences, creed and /or nationality and which are unwanted or cause
distress.
Examples of inappropriate behaviour are:
Physical or verbal - assault, derogatory name calling, malicious comments,
jokes, hostile attitude
Non verbal - graffiti, display of racial insignia or material, damage to
personal property, denial of opportunities and exclusion from social
activities.
Disability Harassment
Disability harassment is any behaviour that leaves a disabled person or group
of disabled people feeling threatened or compromised.
Examples of inappropriate behaviour are:
Verbal - making fun of a disability , mimicking a speech impairment, use of
inappropriate terms(e.g. cripple, spastic), inappropriate personal questions
or comments about the disability, belittling or patronising
comments/nicknames
Non verbal - mimicking the effect of the disability, disregarding wishes or
feelings, ostracising or freezing out, ignoring, staring.
Physical - moving a wheel chair without the user's agreement, practical
jokes(e.g. hiding a disability aid), touching a visually impaired person to
annoy
Bullying
Bullying is a misuse of power to intimidate somebody in a way, which leaves
them feeling hurt, vulnerable or powerless. It can also be defined as offensive,
malicious insulting or humiliating behaviour, abuse of power or authority which
attempts to undermine an individual or group of employees and which may
cause them to suffer stress.
In order for Managers to carry out their role it is necessary to
Issue reasonable instructions to employees and expect them to be carried
out
Set work-related targets and objectives for employees and monitor their
achievement
Set standards of workplace performance and behaviour for their
employees and monitor compliance with these
Address poor performance or unacceptable behaviour on the part of
employees, using the disciplinary procedure where appropriate
Consider appropriate action where unsatisfactory levels of sickness
absence have been identified
These managerial functions should be carried out in a professional way that
does not undermine the dignity of employees
Examples of inappropriate behaviour by managers , which may constitute
bullying, are:
Humiliation - for example reprimanding an employee in front of other
employees when this could be done in private, put downs or ridiculing
Verbal abuse - personal insults directed at an employee, belittling or
patronising comments
Victimisation - singling out an employee for unjustified criticism,
deliberately ignoring or excluding individual
Intimidation - aggressive behaviour or threats directed at an employee(s),
destructive innuendo and sarcasm
Persistent placing of excessive demands on employees, setting of
unrealistic work targets or objectives, or the changing of targets or
objectives without good reason
Instructions or requests to employees to perform inappropriate tasks which
are outside the remit of the job
Unilaterally removing areas of responsibility, and replacing them with trivial
tasks to do instead
Blocking promotion, refusing reasonable requests, intrusive questioning.
(Bullying and Harassment are not necessarily face to face. They may also
occur in written communications, e-mail or by telephone)
Examples of inappropriate behaviour by employees to other employees,
which may constitute bullying, are :
Humiliation - for example making fun of another employee in front of other
employees
Verbal Abuse - personal insults directed at a colleague, belittling or
patronising comments
Victimisation - singling out a colleague, deliberately ignoring or excluding
them
Intimidation- aggressive behaviour or threats , innuendo and sarcasm.
Persistent placing of excessive demands on employees, setting of
unrealistic work targets or objectives, or the changing of targets or
objectives without good reason
Instructions or requests to employees to perform inappropriate tasks which
are outside the remit of the job
Unilaterally removing areas of responsibility, and replacing them with trivial
tasks to do instead
Blocking promotion, refusing reasonable requests, intrusive questioning.
(Bullying and Harassment are not necessarily face to face. They may also
occur in written communications, e-mail or by telephone)
Responsibilities
Managers
Managers will have the responsibility for implementing the policy and will be
expected to:
Comply with the Policy
Ensure that all employees (particularly new employees) are aware of the
policy and ensuring compliance with it
Create/ensure that there is a supportive working environment
Ensure that all members of their staff know what standards of behaviour
are expected of them
Take recipients of harassment and/or bullying seriously and deal with them
as quickly as possible, ensuring they receive any support as necessary
Deal with the complaint under the informal or formal procedure, ensuring
the complaint is dealt with impartially and confidentially.
Liase with the Personnel Manager on how to deal with cases as they arise
Employees
Employees will have the following responsibilities:
To comply with the policy
To make sure that their own behaviour does not contribute to incidents of
harassment and bullying
To treat their colleagues with dignity and respect
To report incidents of harassment/bullying and support management with
any investigations
To point out to a colleague that their behaviour is causing offence to either
themselves or other colleagues, before it develops into a more serious
issue
Procedure
Those employees who consider that they are being harassed or bullied have
two routes to deal with the situation - informal and formal.
The choice of route in the first instance rests with the complainant, however it
is advisable that where possible the informal route should initially be followed
in an attempt to resolve the problem with the minimum disruption and
embarrassment to the complainant or alleged harasser. It is possible that an
individual is unaware that their behaviour is causing offence, if this is the case
the problem might be resolved without damage to working relationships.
Informal Procedure
If an employee feels that they are being bullied or harassed they should
ask them to stop and make it clear to them that their behaviour is
unacceptable. (It is advisable to keep a note of what has happened)
If an employee feels that they cannot approach the harasser/bully
themselves then they should enlist the assistance of a colleague,
Personnel Officer, Trades Union representative or manager (where
appropriate). Who will attempt to resolve the situation on an informal basis
It is possible that the problem will have resolved itself after this informal
approach, however if the harassment/bullying continues or is of a
particularly serious nature then you will need to speak to your line
manager (if not the alleged Harasser/bully) Personnel Manager, or Human
Resources Unit
Mediation
It may be possible for potential harassment cases to be resolved through a
round table discussion, which would need the agreement of both parties. The
purpose of which would be to attempt an informal resolution in a controlled
environment
The meeting would be chaired by the Head of Performance Improvement &
Personnel and supported by the Directorate Personnel Manager.
The complainant would have set out the facts of the allegations to the
Personnel Manager (or other independent manager) during an information
gathering exercise.
The meeting will be management led and will report the allegation and invite
the alleged harasser/bully to respond.
In the event of it being impossible to reach agreement, the Head of
Performance Improvement & Personnel may then recommend that the formal
procedure should be put into place.
The possible scenarios for the above meetings could be
Acceptance with or without explanation or mitigation
Apology
Adjourn to discuss with complainant
Agree subsequent expected behaviour/monitoring
Both parties sign agreement
Monitor and review on a planned cycle
OR
Denial
Refer to policy and definitions. Give specific examples
Acceptance (as above)
Continued Denial
Close meeting.
Summarise discussion
Explain option to move to formal procedure
Meet with complainant to discuss their options
Advice to Employees on how to approach the person who is
harassing/bullying
Plan what you have to say. Choose a suitable time and place when you
can talk without interruption or being overheard (This does not mean
waiting until everyone has gone home.)
Be specific about their behaviour. Have an example ready to support what
you are saying.
Say how you felt and how it affected you. Were you hurt, embarrassed,
humiliated, angry
You do not have to justify why you were offended or why you want things
to change
Don't discuss or debate their behaviour with them
Keep a note of the meeting
Advice to those colleagues, Managers Personnel Officers or Trades
Union Representatives who are asked to support to an employee who
has been harassed/bullied
Arrange to meet in a work area where you will not be overheard by
colleagues
Assure the person that whatever they have to say will not be taken any
further by you without their permission. Make it clear that the decision to
take action or not lies solely with them. If the employee chooses not to
proceed, the information you have been given must not be disclosed to
anyone else. Breaches of confidentiality may result in disciplinary action.
Listen to the complainant - the incident must be listened to from the
employee's point of view. You must accept how the situation is making
them feel. Do not question the person's feelings
Ask them to be specific about the behaviour, staring date(s), time(s),
places, and the nature of the harassment on each incident. Ask if there
were any witnesses. If the employee has not yet completed record of each
incident, help them to do so.
Help the person to decide what action they want to take. e.g. take no
action, meet with the harasser/bully, instigate the formal procedure
Formal Procedure
Formal procedures will be handled by the line manager or designated
manager (unless she/he is the subject of the allegation) or the Directorate
Personnel Manager or Head of Performance Improvement & Personnel (if the
subject of the allegation is an Assistant Director)
The formal procedure may start with or without the informal procedure
being followed.
The formal procedure can only start following a written complaint to her/his
line manager, Director or Personnel Manager, which should state the
nature of the complaint
The Manager together with the Personnel Manager will thoroughly
investigate the complaint, which will involve gathering evidence, obtaining
statements, interviewing the recipient and the alleged harasser/bully. The
manager with advice from the Personnel Manager may consider whether it
is possible/practical to transfer or suspend the alleged harasser/bully while
the investigation is taking place. The investigation in normal circumstances
should be completed within ten working days of the receipt of the
complaint. However the time scales may be longer dependent on the
circumstances. If the allegation is against a Service Manager the Assistant
Director or Director will carry out the investigation.
Both the complainant and the alleged harasser/bully may be accompanied
by their Trades Union representative or by a colleague of their choice at
any investigative or other meeting
At the conclusion of the investigation, the report of the facts will be referred
to the Director for a decision as to whether a disciplinary hearing should
take place (in line with the Councils Disciplinary Procedure). However, the
wishes of the complainant will be taken into account before the full
procedure is put into place.
Following a disciplinary hearing the complainant will be given feed back on
the outcome of the hearing, but will have no right of appeal or the right to
raise a grievance against any decision affecting the harasser/bully
following a disciplinary hearing
If after the investigation it is decided that there is no case to answer, an
explanation will be given to the complainant. Neither the complainant or
the alleged harasser/bully have the right of appeal or the right to raise a
grievance against the decision of the investigating officer (Director)
Officers involved in investigating a complaint must ensure that in any
return to work, after harassment/bullying procedures have been followed,
that both the complainant and harasser/bully are not victimised and that
other employees do not take sides. The situation will be monitored by the
investigating officer on a regular basis.
If a complainant has made a malicious and unfounded complaint, then this
may constitute harassment in itself and can be dealt with under the
disciplinary procedure.
If a complaint is made against a Director, the Chief Executive Officer will
take on the role of the investigating officer with advice from the Head of
Performance Improvement & Personnel
If the matter involves a complaint against a Member, the Chief Executive
Officer and the Monitoring Officer must be informed, who will refer it to the
Leader of the relevant political group or South West Provincial Employers
Counselling
If requested by either the complainant or harasser/bully the Council will
arrange for formal counselling to take place through the Councils
Occupational Health Service.
Other Provisions
The policy will be given to every employee and every new member of staff,
and will be available on the Councils Intranet site so that everyone has easy
access to it.
A reasonable delay in making a complaint will not prejudice the investigation
Harassment and Bullying issues are often sensitive and the offended
employee may have tried to cope without complaining, been reluctant to
cause trouble for a colleague, or been too embarrassed to speak about the
matter sooner. No adverse conclusions should be drawn from the fact that the
complainant has suffered in silence, but the time lapse should not be
unreasonably long.
This procedure is separate and distinct from either the grievance or
disciplinary procedures.
Nothing in this document affects the employment rights of an individual under
the Race, Sex or Disability legislation or precludes them from initiating a
private action. In particular, if a complainant is not satisfied, they have the
right to take a case to an Employment Tribunal. This must be done within
three months of the alleged harassment or bullying takes place, unless the
Tribunal extends the timescale because of exceptional circumstances.
However complainants may wish to consult ACAS as to their rights to bring if
the Council's procedure is not exhausted
The Head of Performance Improvement & Personnel will review the policy on
a regular basis and least once every two years
Monitoring
The Human Resources Unit will regularly monitor the policy and number of
cases
Legislation
This policy encompasses the principles as contained in and enforced by the
following legislative Acts
Sex Discrimination Act 1975 and Race Relations Act 1976
Disability Discrimination Act 1995
Protection from Harassment Act 1997