The Queen’s University of Belfast
Guidance Notes on Harassment
and the Harassment Complaints Procedure
Introduction
As part of its overall ethos of equality of opportunity the University is committed to promoting
a good and harmonious working environment in which no worker feels under threat or
intimidated. The University recognises that harassment can adversely affect an employee’s
work, morale and/or health and undertakes to investigate complaints quickly, seriously and in
confidence.
Harassment is unacceptable behaviour at work and all employees irrespective of grade must
comply with the guidance in these notes. Failure to do so will result, in certain
circumstances, in disciplinary action including dismissal where appropriate.
What is Harassment?
Harassment falls into two categories although there may be some overlap.
(i)
where the harassment is on the ground of sex, race, sexual orientation, disability,
age, religious belief or political opinion.
(ii)
as outlined in the Protection From Harassment (NI) Order 1997.
Under the first category, harassment is unwanted conduct of a sexual, racial or sectarian
nature or other conduct based on sex, race, disability, age, religious belief or political opinion
that affects the dignity of women and men at work. Harassment can include unwelcome
physical, verbal or non verbal conduct.
Such behaviour is unacceptable where it is unwanted, unreasonable and offensive to the
recipient. Sexual, racial and sectarian harassment, or harassment on grounds of age and
disability constitute discrimination, and are unlawful. Harassment may also be a criminal
offence and may contravene Health and Safety legalisation: complaints of this type of
harassment can also be brought under the Protection From Harassment Order.
Some examples of harassment are included here, but many forms of behaviour can
constitute harassment. The following is not an exhaustive list.
-
humiliation, intimidation, action which demeans or undermines the individual.
-
physical conduct ranging from touching to serious assault.
-
racial abuse of a physical or verbal nature.
-
verbal and written harassment through jokes, offensive language, gossip and
slander, sectarian or racist songs, threats, letters.
-
visual displays of posters, graffiti, obscene gestures, flags, bunting or emblems or
any other offensive material.
-
isolation or non-co-operation at work, exclusion from social activities.
1 of 7
-
undignified treatment, ridicule, marginalisation of an individual because of their
disability
-
coercion, including pressure for sexual favours, pressure to participate in
political/religious groups.
-
intrusion by pestering, spying, following etc.
Under the second category harassment is more than one incident of conduct which has
caused distress or alarm and which a reasonable person would regard as harassment.
-
As well as being potentially a criminal offence, this Order provides for a civil
complaint which may result in an injunction and/or damages.
-
Harassment is not defined in the Order. However, the test is whether the offender
ought to know that their actions would cause harassment. There is no requirement
to prove the intention of the harasser.
-
Harassment includes a course of conduct (including speech) alarming the person or
causing the person distress. This conduct must have occurred on at least 2
occasions.
-
The exact interpretation of what amounts to harassment will be for the courts:
however, it may be seen to include bullying, threatening, abusive or insulting words
or behaviour, or the display of any writing, sign or other visible representation which
is threatening, abusive or insulting.
-
Persons subjected to harassment will be entitled to bring proceedings in the
ordinary courts personally against the harasser seeking damages for (among other
things) any anxiety caused by the harassment and any financial loss resulting from
harassment, and an injunction to restrain any future harassment.
-
Employers may be liable for employees wrongful actions.
-
The University may support financially an application by a member of staff who has
been subjected to harassment by a non-staff person if the conduct has arisen as a
result of the member of staff’s employment.
-
The exception to the above would be (i) any employee who is entitled to legal aid
and (ii) if, upon review of the facts, it appears to the University that such action
would not have a reasonable prospect of success.
-
It would not be appropriate for the University to fund an application by a member of
staff who is claiming against another member of staff. Such cases will be dealt with
under the harassment complaints mechanism.
2 of 7
The Queen’s University of Belfast
HARASSMENT COMPLAINTS PROCEDURE
1.
Introduction
Any employee who believes they have suffered any form of harassment as defined in (i)
and (ii) of the guidance notes on harassment is entitled to raise the matter through the
following University procedure. However under (ii) a single act of harassment may be
addressed under the informal stage of this procedure, as defined in the Protection from
Harassment Order where harassment is “more than one incident of conduct which has
caused distress”.
2.
The Informal Stage
This stage is appropriate to use where the member of staff simply wants the
behaviour to stop, where the harassment is not serious, or where it has not been
repeated. It should be noted however that an individual is not obliged to try to resolve the
matter informally.
An employee can seek to resolve matters informally in the following ways:-
approaching the alleged harasser directly making it clear to the person(s)
harassing that the behaviour in question is offensive, is not welcome and should
be stopped.
-
approaching the alleged harasser with the support of a work colleague or a
Trade Union representative.
-
approaching the alleged harasser with the support of a supervisor/manager or
Harassment Advisor.
-
discussing the issue with staff in the Personnel Office or Equal Opportunities Unit
where an informal solution may be reached.
If it is too difficult and too embarrassing to do this personally, employees may request a
supervisor, manager or Harassment Advisor to approach the alleged harasser on their
behalf.
3.
Role of the Harassment Advisors
Harassment Advisors have been appointed to provide employees with advice and
assistance and can be contacted at any stage of informal or formal procedures. The
names and locations of Advisors are listed at the end of this procedure together with
telephone numbers where they can be contacted on a confidential basis. The Advisor will
provide support to assist with the informal resolution of the problem and can also provide
support during formal procedures but will not conduct formal investigations. The Advisors
will provide support to both the complainant and the alleged harasser.
Where an employee seeks the support of a supervisor/manager or designated
Harassment Advisor he/she will be informed sensitively that their role at the informal
stage can only be one of support or assistance. The employee will be advised as follows:-
3 of 7
(i)
a formal investigation and possible disciplinary action can only take place if
the complaint is investigated under the formal procedure.
(ii)
a written record of the action taken will be made to assist with any formal
proceedings which may arise if the behaviour does not stop. Failure to
maintain such a record will not invalidate proceedings at the formal stage.
All reported incidents of harassment will be monitored and in the event of any patterns
emerging, management may wish to initiate its own formal investigation and take
remedial action where this proves to be necessary
4.
The Formal Stage
The formal complaints procedure is appropriate if the harassment is serious, if the
person making the complaint prefers this, or if the harassment continues after the
informal procedures have been used.
The Equal Opportunities Manager or his/her nominee has been given responsibility for
proceedings at the formal stage of complaints relating to sex, race, disability, age,
religious belief or political opinion, and sexual orientation. Other forms of harassment
which fall within the remit of the Protection From Harassment Order will be investigated by
the Personnel Manager or his/her nominee. The person investigating complaints in either
category will hereafter be referred to as the Investigating Officer.
Complaints can also be raised through the following:-
the Line Manager
-
any other manager where the Line Manager is the subject of the complaint or
is involved in some way in the allegations
-
a Trade Union representative.
Complaints should be raised as soon as possible following an act of alleged harassment
so that the matter can be dealt with swiftly and decisively. A complaint should be made to
the relevant manager, in writing in the first instance but this will not preclude the
investigation of a complaint made verbally.
4.1
Initial meeting with Complainant
The Investigating Officer, in conjunction with the Line Manager, will interview the
complainant, who may be accompanied by a Trade Union representative, or work
colleague. On those occasions when it is the Line Manager against whom the complaint
is being made the Investigating Officer will choose an alternative individual (hereafter
referred to as the designated Manager) to assist with the investigation. The purpose of
the meeting is to:-
clarify and record formally the nature of the complaint and the fact it is being
handled under the formal procedure
-
ask the complainant to identify the main witnesses to the alleged incidents
-
ensure the complainant is aware of the next stage of the procedure
4 of 7
-
4.2
advise the complainant he/she has the right to be accompanied and/or
represented at all meetings about the complaint by a Trade Union
representative or work colleague.
Avoiding contact between the Complainant and the Alleged Harasser.
Where a case of serious harassment has been alleged the alleged harasser must not
treat a complainant to any disadvantage by reason of the complaint having being made.
Consideration will be given to suspension [on full pay] of the alleged harasser to enable
the investigation to proceed. An individual who is going to be suspended will be advised
formally of this at a meeting with the Investigating Officer.
4.3
Informing the Alleged Harasser
The Investigating Officer and the designated Manager will meet the alleged harasser and
if accompanied, with his/her Trade Union representative or work colleague to:
-
outline the nature of the complaint in writing
-
identify witnesses to the alleged incidents
-
confirm that the investigation of the complaint is being handled under the
formal procedure
-
inform the individual of the next stages of the procedure
-
advise the individual he/she has the right to be accompanied and/or
represented at the next stages of the procedure by a trade union
representative or work colleague.
Following the meeting the Investigating Officer will write to the alleged harasser outlining
the nature of the complaint and will agree a date for a formal meeting. A note will be
made of this meeting which will be agreed by the parties involved.
4.4
Meeting with witnesses
The Investigating Officer and the designated Manager will interview those individuals
identified by either party as witnesses, and any others they consider it appropriate to do
so. This may include supervisors, work colleagues and any other person who may have
witnessed the incident(s) or saw the complainant’s demeanour immediately before or after
the alleged incident(s). Each person interviewed at this stage has the right to be
accompanied by a Trade Union representative or work colleague and will be asked to
outline what happened. Cases may also be investigated where there are no witnesses.
The University expects witnesses to co-operate with the Investigation.
The Investigating Officer and designated Manager may then wish to have further
meetings for clarification, or to gain additional information from any of the persons
previously interviewed.
The Investigating Officer, in conjunction with the designated Manager will prepare a
written report of the investigation which will include the following:-
outline of the facts
5 of 7
-
indication of the findings
-
whether or not, in the opinion of the Investigating Officers the case is
substantiated
-
recommendations for action.
A copy of this report will be made available to the complainant and the alleged harasser
and written comments from both parties will be invited. The complainant will then decide
whether or not he/she wishes to proceed. The University however retains the right to
proceed with the investigation on those occasions when the Investigating Officer and the
designated Manager are concerned about the issues uncovered during the initial stages
of the investigation.
4.5
Decisions on Disciplinary Action
The report will then be forwarded to the Personnel Manager or nominee who will consider
its contents with a member of University’s Operating Board and appropriate line manager
i.e. Dean, Head of School etc.
This panel will then decide to:1.
request the Investigating Officer to carry out further enquiries
2.
invite the parties to make oral representation
3.
initiate the University’s agreed disciplinary procedure against any party as
appropriate and refer the matter to those responsible for instituting
appropriate disciplinary action
4.
take any other appropriate management action e.g. provision of training or
counselling
5.
take no further action
Having made the decision, the Personnel Manager will write to both the complainant and
the alleged harasser outlining the details of the decision and the proposed action to be
taken if appropriate.
4.6
Appeal against the decision
An appeal should be made in writing to the Director of Human Resources, setting out the
grounds for appeal. The appeal will be considered by the Director of Human Resources
in conjunction with a lay member of Senate and another member of the University’s
Management Board.
5.
Redeployment
Where a complaint has been upheld following the decision on disciplinary action, the
complainant may wish to avoid any further contact with the harasser. If the complainant
wishes to transfer the University will attempt to facilitate this request. Consideration will
always be given to relocating the harasser in the first instance and where transfer of the
complainant occurs it will not lead to any disadvantage to him/her.
6 of 7
Training and/or counselling may be offered to the person who has been harassed.
Where a complaint has not been upheld, training and/or counselling may also be offered.
Where a complaint has been found to be malicious or vexatious the panel may initiate the
agreed disciplinary procedure against the complainant.
Where a complaint has been founded there will be follow-up meetings involving the
Personnel Office, in conjunction with the trade union, and the complainant. These will
take place within 3 months of the report of the investigation to ensure that the harassment
has ended and victimisation has not occurred.
6.
Time Limits
Under this procedure complaints will not normally be investigated unless they are brought
within 3 months of the act complained of. However the Investigating Officer may consider
a complaint which is out of time if it is considered just and equitable to do so, or it is
believed to be in the interests of the University.
7 of 7