CAMBRIDGESHIRE FIRE AND RESCUE SERVICE UNDERSTANDING AND DEALING WITH BULLYING AND HARASSMENT AT WORK1 INTRODUCTION Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one’s interest. But if you are suffering from bullying and harassment it can be difficult to know what to do about it. If you manage staff you need to be able to manage issues of bullying and harassment effectively. AIM The aim of this guidance is to: give employees basic information about bullying and harassment. outline some options open to employees. summarise the responsibilities of managers. offer practical guidance to managers to help them prevent bullying and harassment and to deal with any cases that do occur. point to other sources of information, advice and support. WHAT ARE BULLYING AND HARASSMENT? These terms are used interchangeably by most people, and many definitions include bullying as a form of harassment Harassment is: Unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, transgender, race, sexual orientation, disability, religion or nationality or any personal characteristic of an individual, like personal appearance or the kind of job they do. It may be persistent or an isolated incident and is often unintentional. It can range from extreme forms of violence to less obvious actions like ignoring someone at work. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient. Harassment can also have a specific meaning under certain laws, (for instance if harassment is related to sex, race, disability, age, religion or belief or sexual orientation then it will be unlawful discrimination). Bullying may be characterised as: Offensive, intimidating, malicious or insulting behaviour. It is an abuse or misuse of power (either through position or by force of numbers), through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a supervisor, manager or trainer) or involve groups of people. “Upward” bullying also occurs when a supervisor is forced into doing what his/her team wants or where the team ignores a manager’s reasonable directions because they don’t agree with them. It may be obvious or subtle. Whatever form it takes, it is unwarranted and unwelcome to the individual. 1 Adapted from Acas Advice to Emloyees and Advice to Employers and Managers leaflets. Last Updated 27/3/07 Page 1 of 6 CAMBRIDGESHIRE FIRE AND RESCUE SERVICE Examples of Bullying or Harassing Behaviour Behaviour that is considered bullying by one person may be considered firm management by another. Most people will agree on extreme cases of bullying and harassment but it is sometimes the “grey” areas that cause most problems. Examples of bullying and harassing behaviour include: Harassment Bullying Spreading malicious rumours or insulting someone by word or behaviour (particularly on grounds of sex, race, disability, sexual orientation, religion or belief, age). Deliberately undermining a competent worker by overloading and constant criticism Swearing and obscene gestures Stereotypical impressions of gay men and lesbians, people of different cultures or with regional/foreign accents. Tampering with another’s work or possessions Preventing individual’s progress by intentionally blocking promotion or training opportunities. Taking credit for another’s work Unwelcome and inappropriate sexual advances – touching, leering, standing too close Overbearing and excessive supervision or other misuse of power or position. Display of offensive materials e.g. sexually explicit or racist materials, graffiti or media images. Practical jokes which humiliate or demean (even when this was not the intention). Exclusion or purposefully ignoring someone Name calling, jokes, mockery, remarks that are sexist, racist, homophobic, ageist, or offensive on grounds of disability or religion or belief Obscene, offensive language or gestures Simulating sexual acts These examples are provided for guidance only and are not exhaustive. The impact on the victim, the reasonableness or otherwise of the behaviour will always be taken into account. Bullying and harassment are not necessarily face to face. They may also occur in written communications, e-mail, and phone or through “horse-play” and practical jokes. HOW DO PEOPLE RESPOND TO BULLYING AND HARASSMENT? Bullying and harassment may make someone feel anxious and humiliated. Feelings of anger and frustration at being unable to cope may be triggered. Some people may try to retaliate in some way. Others may become frightened and demotivated. Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work and even resignation. Almost always job performance is affected leading to poor service to the public (and loss of reputation within community), Last Updated 27/3/07 Page 2 of 6 CAMBRIDGESHIRE FIRE AND RESCUE SERVICE higher risk of accidents, lack of trust and breakdown in workplace relations. Additionally: Bullying and harassment can often be hard to recognise – they may not be obvious to others and can be quite subtle. The recipient – particularly new staff - may think, “perhaps this is normal behaviour in this organisation”. They may be anxious that others may consider them weak, or not up to the job, if they find the actions of others intimidating. They may be accused of “overreacting” and worry that they won’t be believed if they do report incidents. People being bullied or harassed may sometimes appear to overreact to something that seems relatively trivial but which may be the “last straw” following a series of incidents. There is often fear of retribution if they do make a complaint. Colleagues may be reluctant to come forward as witnesses as they too may fear the consequences for themselves. They may be so relieved not to be the subject of the bully themselves that they collude with the bully as a way of avoiding attention. THE LEGAL POSITION Discrimination and harassment It is not possible to make a direct complaint to an employment tribunal about bullying. However, employees might be able to bring complaints under laws covering discrimination and harassment. For example: Sex: the Sex Discrimination Act gives protection against discrimination and victimisation on grounds of sex, marriage or because someone intends to undergo, is undergoing or has undergone gender reassignment. Race: the Race Relations Act 1975 and Race Relations (Amendment) Act 2000 give protection against discrimination and victimisation on the grounds of nationality, national origin, ethnicity, race or colour. Disability: the Disability Discrimination Act 2005 gives protection against discrimination, bullying and victimisation on grounds of disability, including failure to make reasonable adjustments. Sexual Orientation: the Employment Equality (Sexual Orientation) Regulations 2003 give protection against discrimination and harassment on the grounds of sexual orientation (orientation is defined as “same sex” – lesbian/gay – “opposite sex” – heterosexual – and “both sexes” – bisexual). Religion or belief: the Employment Equality (Religion or Belief) Regulations 2003 give protection against discrimination and harassment on the grounds of religion or belief. Age: the Employment Equality (Age) Regulations 2006 give protection against discrimination and harassment in the grounds of age. Constructive Unfair Dismissal Employers have a “duty of care” for all their employees. If the mutual trust and confidence between employer and employee is broken – for example, through bullying and harassment at work – then an employee can resign and claim “constructive dismissal” on the grounds of breach of contract. Last Updated 27/3/07 Page 3 of 6 CAMBRIDGESHIRE FIRE AND RESCUE SERVICE Health and Safety Breach of contract may also include the failure to protect an employee’s health and safety at work. Under the Health and Safety at Work Act, employers are responsible for the health, safety and welfare at work of all employees. This includes “taking steps to make sure employees do not suffer stress-related illness as a result of work”. (source: Health and Safety Executive) What can you do if you consider you are being bullied or harassed? Bullying and harassment are often clear cut but sometimes people are unsure whether or not the way they are being treated is acceptable. If this applies to you there are a number of things to consider: Has there been a change of management or organisational style to which you just need time to adjust – perhaps because you have a new manager or work requirements? Read the Service’s Policy on Preventing Bullying and Harassment. How does the behaviour you are experiencing compare with the Standards of Behaviour given in the policy and the examples given in this guidance? Can you talk over your worries with your line manager, a colleague or union representative who you may find share your concerns? Can you agree changes to ways of working or workload that will make it easier to cope? If you are sure you are being bullied or harassed then there are a number of options to consider and these are set out in the Policy and Procedures for Resolving Incidents of Bullying or Harassment which you can find on the Service intranet or obtain in print from your Human Resources Adviser or Diversity Adviser. You should take any action you decide upon as quickly as possible. Seek Support Find someone with whom you feel comfortable to discuss the problem. It may be a colleague, Trade Union representative, Human Resources Adviser, Welfare Adviser or Diversity Adviser. Try to find out if anyone else is suffering or if anyone has witnessed what happened to you. You may want to contact one of the bullying helplines available (see page 6). Keep a Note of Incidents Note dates, times of incidents and include details of any witnesses, your feelings etc. Keep copies of anything that is relevant (letters, e-mails, notes etc). Although a singe occurrence or incident may seem minor, harassment or bullying often reveal themselves through a pattern of behaviour or frequency of events. Use Service Procedures If you decide to talk to the person responsible face to face (Informal Action Option 1) then you might find it helpful to have a support person with you. Be firm, not aggressive and try to stay positive and calm. Stick to the facts and try and talk about the behaviour that upset you, rather than direct criticism at the individual. If you decide to make a formal complaint, use the procedures in place for this (Procedures for Resolving Incidents of Bullying and Harassment – Formal Action). If after this process has been followed, you are not satisfied with the outcome or the way your complaint was managed, you can appeal against this by using the Appeals process of the Grievance Procedure. Last Updated 27/3/07 Page 4 of 6 CAMBRIDGESHIRE FIRE AND RESCUE SERVICE Take External Action Employment tribunal Seek Medical Help It is recognised that making a complaint about bullying and harassment can be very stressful. If you feel your health has been negatively affected by either the inappropriate behaviour or the management of your complaint, you should consider seeing your GP or Occupational Health Adviser. What can you do if you witness bullying or harassment behaviour? Challenge unacceptable behaviour wherever you witness it by telling those responsible it is not appropriate behaviour at work. If you don’t feel comfortable about doing this, tell a manager or Human Resources Adviser about what you have seen. Talk to the person on the receiving end and offer them support. Why, as a manager, do I need to take action on bullying and harassment? If unchecked or badly handled, bullying and harassment can create serious problems for individuals and organisations including; Individual Organisations stress poor service to public loss of self-confidence loss of reputation with public loss of self-esteem lack of trust job insecurity poor team morale illness higher risk of accidents absence from work breakdown in working relations high staff turnover tribunal cases and payment of unlimited compensation What do managers need to do about bullying and harassment? Know the Authority’s policy on bullying and harassment, including the standards of behaviour expected of all staff and your specific responsibilities. Always challenge unacceptable behaviour wherever you witness it by telling those responsible it is not appropriate behaviour at work. Follow the principles and procedures for managing and resolving complaints about bullying and harassment. Seek advice from your Human Resource Adviser or Diversity Adviser if you need support in managing this. Set a good example. Your watch/team will be looking to you to see how to behave. Strong management can unfortunately sometimes tip over into bullying behaviour. Consulting staff and discussing problems is more likely to encourage a trustful, inclusive culture and discourage bullying and harassment than an authoritarian management style. Take advantage of training and development opportunities available within and outside the Service. Let your staff know that complaints or information from staff relating to bullying and harassment will be taken seriously and treated fairly, confidentially and sensitively. Staff will be reluctant to come forward if they feel they may be treated unsympathetically or are likely to be confronted aggressively by the person whose behaviour they are complaining about. Last Updated 27/3/07 Page 5 of 6 CAMBRIDGESHIRE FIRE AND RESCUE SERVICE Make sure the person making the complaint is supported either by a colleague or union representative and is encouraged to use occupational health services. Where can you get help? Additional advice can be obtained from: The Fire Brigades Union Confidential Stress and Support line 0800 783 4778 Acas (Advisory, Conciliation & Arbitration Service) - Helpline: 08457 474747 www.acas.org.uk Commission for Racial Equality – 020 7939 0000 www.cre.gov.uk Equal Opportunities Commission – 08456 015 901 www.eoc.org.uk Disability Rights Commission - 08457 622 633 www.drc-gb.org Andrea Adams Trust – 01273 704900 www.andreaadamstrust.org NB The roles, advice and support offered by Equal Opportunity Commission and Disability Rights Commission will be taken over by the Commission for Equality and Human Rights (CEHR) in October 07. Last Updated 27/3/07 Page 6 of 6