COMMUNITY CARE TRUST (SOUTH WEST) LTD
BULLYING AND HARRASSMENT
POLICY No HR003
The Trust will not tolerate any acts of behaviour that would be considered to be bullying or harassment and seeks to ensure that the working environment is sympathetic to all its employees. Conduct of this nature is not only illegal and morally wrong; it also has a negative impact on the efficiency and reputation of the Trust.
Harassment at work is unlawful and both the Trust and the harasser may be held liable for such unlawful actions and be required to pay damages. Harassment can reduce the effectiveness of the organisation by creating a threatening environment and increasing sickness absence and staff turnover.
This Trust believes that every member of staff has the right to work in an environment that is free from harassment, intimidation and bullying, either from managers or from colleagues.
We aim to provide a working environment which will enable staff to enjoy their work and fulfil their personal potential. In order to achieve this, the Trust is committed to the creation of a stimulating and supportive working environment. The Trust accepts that such an environment cannot be created or sustained if, individually or collectively, staff are subject to harassment, intimidation, victimisation or bullying. Staff who feel persecuted, vulnerable and powerless will not be able to work successfully.
This policy is intended to set out the values, principles and policies underpinning our approach to bullying in the workplace. The aim is to ensure that staff can work free from the fear of harassment and bullying.
The goals are to:
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Reduce the incidence of harassment and bullying.
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Ensure that all staff are aware of their own behaviour and of the effect that their behaviour can have on others.
Principles
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All employees o Have the right to work in a workplace free from harassment or bullying. o Have the right to be protected from harassment or bullying in the workplace. o Have the right to complain of harassment or bullying suffered in the workplace. o Have the right to be free from false allegations of harassment or bullying.
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All employees found responsible for harassment or bullying in the workplace will be disciplined or dismissed, as directed by the Trust’s disciplinary procedure.
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Any employees who have suffered harassment or bullying in the workplace will be supported by the Trust and will be, depending upon the circumstances, eligible for counselling.
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Any employee bringing a complaint of bullying or harassment will not be victimised for doing so.
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Any employee found to have made false allegations of harassment, sexual harassment or bullying may also be subject to the disciplinary procedure.

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All allegations of discrimination, harassment or bullying will be dealt with seriously, confidentially and speedily whilst ensuring the rights of all are protected. The Trust will not ignore, or treat lightly grievances or complaints of discrimination or harassment.
Definitions
Bullying is repeated inappropriate, offensive or intimidating behaviour or an abuse or misuse of power which undermines or humiliates an employee. Please note there are additional procedures for dealing with complaints of bullying and harassment of service users but this policy relates to bullying & harassment experienced by employees.
For further information please refer to the CCT Complaints Policy .
Harassment occurs where unwanted conduct related to a relevant protected characteristic such as a person’s age, race, sex (including gender reassignment), disability, religion/belief or sexual orientation:
 Has the purpose or effect of violating the employee’s dignity at work, or creating an intimidating, hostile, degrading, humiliating or offensive work environment for the employee; or
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Is reasonably considered by the employee to have the effect of violating his or her dignity at work, or of creating an intimidating, hostile, degrading, humiliating or offensive work environment for the employee, even if this effect was not intended by the person responsible for the conduct, or is not aimed at the individual. Therefore something intended as a ‘joke’ or as ‘office banter’ may be offensive and unacceptable to a colleague.
Harassment also occurs where an employee has rejected or not submitted to unwanted conduct described above, and because of this, continues to be treated less favourably.
Examples of harassment include:
 insensitive jokes and pranks
 lewd comments about appearance
 deliberate exclusion from conversations
 abusive, threatening or insulting words and behaviour
 unnecessary body contact
 displays of abusive writing and pictures or sexually offensive material, e.g. pin-ups
 requests for sexual favours
 speculation about a person’s private life and sexual activities
 threatened or actual violence
 threat of dismissal, loss of promotion etc, for refusal of sexual favours
Responsibilities
All Managers should:
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Encourage concerns to be shared rather than suppressed
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Try to stamp out victimisation and/or retaliation
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Make employees aware that under protection from harassment legislation, harassment is a criminal offence punishable by fines and/or a prison sentence
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Provide support to employees wishing to make a complaint of harassment or bullying

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Provide support and counselling, if needed, for employees suffering from the consequences of harassment or bullying.
All employees should:
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Show respect, dignity and consideration at all times for all employees or visitors of the Trust irrespective of role or status
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Use the procedure to ensure that any such cases are dealt with as quickly as possible
Informal Remedy
It is recognised that employees subjected to bullying or harassment are often reluctant to complain and simply want the behaviour to stop. Wherever possible, an employee who believes they have been subject to such behaviour should in the first instance ask the person responsible to stop the behaviour. If an employee is unable to do this verbally, then a written request (explaining the distress which the behaviour is causing), handed to the person responsible, may be effective. If the complaint has been discussed with a manager/deputy manager, he/she may assist the employee in taking such action.
The Trust also recognises the sensitive nature of complaints of sexual harassment.
Employees who do not wish to discuss such complaints with a manager of the opposite gender may talk first with any manager or deputy manager within the Trust.
Formal Procedure
Where informal methods fail or serious harassment occurs, employees are advised to bring a formal complaint and should seek assistance, as above, in doing so. The complaint should be made in writing and, where possible, state:
 the name of the bully/harasser
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The nature of the bullying/harassment
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Dates and times when the incidents occurred
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Names of any witnesses to any of the incidents
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Any action already taken by the complainant to stop the behaviour
The complaint should be sent in confidence to the Senior Manager.
Immediately a complaint has been received, where necessary and reasonably practicable, action will be taken to separate the bully/harasser from the complainant. This may involve temporary transfer of the bully/harasser to another department, or suspension with pay until the complaint has been resolved.
The situation will then be investi gated and dealt with using the Trust’s disciplinary procedures. The severity of the penalty imposed upon an employee found to be bullying/harassing another employee will be consistent with those detailed in the disciplinary procedure (e.g. gross sexual harassment will normally result in summary dismissal). Where a lesser penalty is appropriate (e.g. a written warning) this may be coupled with action to ensure that the victim is able to continue working, without embarrassment or anxiety. After discussion with the victim, the manager may order the transfer of the harasser to a different work area or arrange for the amendment of working practices to minimise contact between the two employees. If the victim so wishes, they will be given the opportunity to transfer, subject to practical and operational limitations. The result of the hearing will be confirmed in writing to both employees.

In line with the Trust’s Disciplinary Policy any employee who receives a warning or is dismissed for bullying or harassment may appeal against the penalty within seven working days of the decision being given to them in writing.
In line with the Trust’s Grievance Policy, if the complainant is not satisfied about the way his or her complaint has been handled, he or she may ask for it to be reconsidered by the CEO.
Requests for reconsideration of the complaint should be made within seven working days of the first hearing. The decision of the second hearing will be sent to both parties in writing, and will be final.
Training
Training is a key part of any strategy to eliminate harassment or bullying. The Trust regularly runs online training and induction programmes covering these topics which you will be required to participate in
The training is designed to:
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Educate all employees about what exactly constitutes workplace harassment and bullying.
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Educate all staff about the policy of not tolerating harassment or bullying.
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Provide training to managers on how to deal with cases of harassment or bullying in the workplace.
Educate staff of what to do if they have a complaint.
Date of last review:
Version number:
October 2010
02
Date of next review: October 2013
Signature ………………………………….