ANTI BULLYING POLICIES

Harassment and bullying both involve behaviour which harms, intimidates, threatens, victimises, offends, degrades, humiliates, or undermines dignity at work. Harassment tends to focus on gender, race, ethnic background, colour, religion or belief, sexual orientation, or disability. Harassment may be a single incident or a series of incidents. Bullying is repeated inappropriate behaviour, direct or indirect and by one or more persons which undermines an individual’s right to dignity.

Bullying is offensive or intimidating behaviour or an abuse or misuse of power which undermines or humiliates an employee.

An employee unlawfully harasses another employee if they engage in

1. Unwanted conduct related to a protected characteristic; or

Unwanted conduct of a sexual nature; and the conduct has the purpose or effect of violating the other employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive.

Policy Statement

This organisation believes in a zero-tolerance attitude toward bullying and harassment in the workplace. This in practice requires that all staff are treated with dignity and respect whilst undertaking their duties in a working environment in which the dignity of all employees is respected and where employees feel able and encouraged to reach their full potential and effectiveness.

Harassment as defined in the Equality Act 2010 is:

Unwanted conduct related to relevant protected characteristic, which has the purpose or effect of violating an individual´s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Bullying may be characterized as Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.

The Policy

The recipient’s view is crucial because what one person may find acceptable another may not. Any form of harassment or inappropriate behaviour which causes offence, whether intentional or not, will be treated very seriously and where appropriate will lead to disciplinary action, which could include dismissal, being taken.

Examples of unacceptable behaviour:

1. Spreading malicious rumours or insulting someone.
2. Offensive language, swearing.
3. Copying memos that are critical about someone, to those who do not need to know.
4. Ridiculing or demeaning someone – setting them up to fall or fail.
5. Exclusion or victimisation.
6. Unfair treatment.
7. Overbearing supervision.
8. Sexual harassment – unwelcome remarks such as jokes, innuendos, touching, standing too close, display of offensive materials.
9. Racial harassment.
10. Religious discrimination.
11. Disability discrimination.
12. Age discrimination.
13. Offensive material that is displayed publicly
14. Verbal abuse or comments that belittle people
15. Unwelcome and hurtful jokes
16. Direct or subtle threats
17. Offensive gestures
18. Ignoring, isolating, or segregating a person
19. Staring or leering in a sexual way
20. Unwanted physical contact of a sexual nature
21. Aggressive physical behaviour
22. Repeated behaviour which a person has previously objected to

Harassment does not mean:

1. Mutually acceptable friendship
2. Enjoying a joke at work providing that it is not at someone else’s expense
3. Enjoying a joke at work if no-one shows they are offended
4. Normal operational management of staff in the conduct of their duties

Keeping perspective:

If you are in an environment and are uncomfortable about jokes or banter in the environment, it is your responsibility to raise concerns early so they can be dealt with.

Our responsibilities and actions as a Hofts Childcare

1. We promote and environment where no-one is harassed or victimized.
2. All management employees are aware of this policy and aim to ensure that all Workers are treated fairly and that no-one is harassed or victimized.
3. To be observant and alert to the kind of behaviour which might indicate a problem, i.e. where one employee is always critical of another or where an employee is left out of social interaction.
4. To deal with any form of harassment or intimidation at an early stage, this may be initially informally as the accused may not be aware their behaviour is causing offence. If this approach is not successful then written statements will be taken from the complainant and the accused and an investigation will be undertaken seeking advice from senior management or outside agencies as deemed necessary. Where possible, steps will be taken to ensure the two parties are not placed in a situation where the matter can be aggravated. If the outcome of the investigation shows that there is a reasonable belief of bullying and harassment it is within the realm of the employer to take disciplinary action against that employee.
5. To offer support for the victims of harassment or bullying.

Responsibilities of the Employee

1. All employees must comply with this policy.
2. Employees must be aware that it is their personal responsibility not to harass, bully or intimidate another employee.
3. If an employee becomes aware that a colleague is experiencing harassment or bullying it is part of their duty of care not to allow it to continue by reporting all incidents to a manager.

How to report an allegation of bullying and harassment

Very often people are not aware that their behaviour is unwelcome or misunderstood and an informal discussion can sometimes help to solve the problem. However, if you feel you are being bullied or harassed, we realise that the situation may be sensitive and may make you feel vulnerable or in fear of reprisal and therefore, may make it difficult for you to make on allegation. Subsequently, we suggest you consider discussing matters informally with your manager, in confidence, who will then be able to support you when pursuing the matter. If you feel able to do so, you should then raise the matter informally with the perpetrator, with your manager to support you.

If this does not solve the problem, or if the matter is more serious, (or if you do not feel able to do so,) you should report the matter to the manager as a formal written grievance.

Reporting complaints

All allegations of harassment, bullying or intimidation will be dealt with seriously, confidentially, and speedily. The Hofts Childcare will not ignore or treat lightly grievances or complaints of harassment from employees.

While the Hofts Childcare encourages employees who believe they are being harassed or bullied to notify the offender (by words or by conduct) that his or her behaviour is unwelcome, the Hofts Childcare also recognises that actual or perceived power and status disparities may make such confrontation impractical. If such informal direct communication is either ineffective or impractical, or the situation is too serious to be dealt with informally, you should follow the procedure set out below.

If you wish to make a complaint of harassment, bullying or intimidation, whether against a fellow employee or a third party, such as a client, customer, contractor, or supplier, you should follow the following steps:

1. First, report the incident of harassment to your supervisor. If you do not wish to speak to your supervisor, you can instead speak to an alternative supervisor.
2. Such reports should be made promptly so that investigation may proceed, and any action taken expeditiously.
3. All allegations of harassment will be taken seriously. The allegation will be promptly investigated and, as part of the investigatory process, you will be interviewed and asked to provide a written witness statement setting out the details of your complaint. Confidentiality will be maintained during the investigatory process to the extent that this is practical and appropriate in the circumstances. However, to effectively investigate an allegation, the Hofts Childcare must be able to determine the scope of the investigation and the individuals who should be informed of or interviewed about the allegation. For example, the identity of the complainant and the nature of the allegations must be revealed to the alleged harasser so that he or she is able to fairly respond to the allegations. The Hofts Childcare reserves the right to arrange for another supervisor to conduct the investigation other than the supervisor with whom you raised the matter.
4. Once the investigation has been completed, you will be informed in writing of the outcome and the Hofts Childcare’s conclusions and decision as soon as possible. The Hofts Childcare is committed to taking appropriate action with respect to all complaints of harassment which are upheld. If appropriate, disciplinary proceedings will be brought against the alleged harasser.
5. You will not be penalised for raising a complaint, even if it is not upheld, unless your complaint was both untrue and made in bad faith.
6. If your complaint is upheld and the harasser remains in the Hofts Childcare’s employment, the Hofts Childcare will take all reasonable steps to ensure that you do not have to continue working alongside him or her if you do not wish to do so. The Hofts Childcare will discuss the options with you.
7. If your complaint is not upheld, arrangements will be made for you and the alleged harasser to continue or resume working and to repair working relationships.

Alternatively, you may, if you wish, use the Hofts Childcare’s grievance procedure to make a complaint of harassment.

Confidentiality

At all times throughout the process and after, all parties involved, including the alleged perpetrator, the victim, the manager, and any witnesses will need to give due consideration to confidentiality. As such, all parties will be reminded that they should not breach confidentiality and should not discuss the matter with anyone outside of the procedure.

Details of the investigation and any subsequent disciplinary procedure which may take place will be kept on the employees personnel file.

Untrue claims

Whilst we will support all parties during and after a thorough and objective investigation into the allegation as appropriate, if through the course of the investigation and subsequent disciplinary meetings evidence demonstrates that the allegation has been made maliciously, or for personal gain, then the individual making the complaint will be subject to Disciplinary proceedings as outlined in the organisation’s Disciplinary Policy.

Appeals

If you are not satisfied with the outcome of the investigation, you have the right to appeal the decision within 7 calendar days of being notified of the outcome. You should submit your full written grounds of appeal to another manager Mr. Majid Khan (head of legal department) the person hearing your appeal will meet with you to discuss your appeal. You may be accompanied by a colleague or Trade Union Official. You will normally be notified of the outcome of the appeal within fourteen days of this meeting. This is the final stage of the formal procedure.

Further Guidance and advice is available from ACAS https://www.gov.uk/workplace-bullying-and-harassment