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Harassment and Bullying Policy

Policy Statement

All Tendring District Council employees are entitled to be treated with dignity and respect when at work. The Council has zero tolerance of any form of harassment or bullying in the workplace, and works closely with the recognised Trade Union in seeking to maintain this culture. We aim to create a workplace that is free of inappropriate behaviour of any kind.

Tendring District Council recognises that employees are the key to its effectiveness, and to be successful the Council must provide a workplace where the dignity of every individual is respected. Employees should understand that incidents of harassment, bullying or other inappropriate behaviour will not be tolerated and may result in appropriate disciplinary action being taken.

The Definition of Harassment

The Equality Act 2010 came into force on 1st October 2010, and Section 26 defines harassment as: “Unwanted conduct related to a 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.”

The protected characteristics as outlined by the Act are:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

Types of Harassment

There are many types of harassment, however, they broadly fall into one of the following 4 categories:

  • Direct harassment – occurs when someone is harassed because of a protected characteristic they have
  • Harassment by association – this is where harassment occurs because they associate themselves with an employee who possesses a particular protected characteristic
  • Perception harassment – this is harassment against an employee because others think they possess a particular protected characteristic. This applies even if the person does not actually possess that characteristic
  • Third party harassment – this is when an employee finds that they are being harassed or bullied by someone they come into contact with through the course of their work for the Council, but is not an employee. This includes customers, contractors to the Council and Councillors. If an employee has been subjected to third party harassment on 2 or more occasions, and reasonable practicable steps have not been taken to prevent the harassment occurring again, they are entitled to raise a complaint. It does not matter whether or not it is the same third party who has harassed the employee on each occasion, provided the employee has raised each occasion with the Council.

The Definition of Workplace Bullying

The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as: “Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.”

Bullying can occur in a variety of contexts and forms, and is different to isolated behaviours and other forms of job stress. Recognised characteristics of bullying include:

  • The behaviour occurs regularly and over a period of time
  • Over time there is often increased aggression in the behaviour
  • There is an imbalance of seniority, and the target often lacks the power to successfully defend themselves
  • The behaviour is intended to offend the victim.

Types of Bullying

Bullying may take various forms, including:

  • Physical – e.g. kicking, hitting, pushing, interference with personal property
  • Verbal/psychological – e.g. threats, taunts, verbal abuse, spreading of rumours
  • Related to protected characteristic – e.g. racist, faith-based, sexist, sexual, homophobic, disability, and ageist
  • Gifted/talented – e.g. name-calling, ostracism or negative peer pressure based on high level of ability
  • Cyber – e.g. abuse on-line or via text message, interfering with electronic files, setting up or promoting inappropriate websites, inappropriate sharing of images from webcams/mobile phones.

The Effects of Workplace Bullying and Harassment

When an employee feels they are being subjected to bullying or harassment in the workplace, it may have an effect on them both in the workplace and in their personal

lives. Examples of this are:

  • Reduced productivity
  • Lack of confidence
  • Increased levels of sickness absence
  • Low morale
  • Depression
  • Lack of motivation
  • Feeling withdrawn and isolated
  • Suffering from insomnia
  • Loss of appetite
  • Suffering from stress or anxiety
  • Mood swings

The Rights of an Employee

As an employee, you have the right to be treated with dignity and respect within the workplace. You are not expected to tolerate any type of behaviour that creates an offensive work environment. This Policy outlines what action you can take and explains how you can complain about any behaviour in the workplace that you find offensive, even if that behaviour is not directed at you. You do not need to possess any of the relevant characteristics listed in order to make a complaint.

You also have the right to raise a third-party complaint of bullying or harassment, if you are being bullied or harassed by someone who you come into contact with when carrying out your work for the Council, but is not an employee. For example, a customer, service provider or Councillor. In order to raise this type of complaint, you need to demonstrate that you have raised 2 previous third-party bullying or harassment complaints, although they do not need to be about the same person.

The term ‘unwanted’ makes it clear that it is up to the victim of the alleged harassment to decide whether or not a particular type of behaviour is offensive. People are different, and what one employee finds funny – another may find offensive. The right not to be bullied or harassed at work extends to all staff, including temporary staff, casuals and contractors. Certain forms of bullying or harassment at work will amount to unlawful discrimination if it relates to one of the relevant protected characteristics.

This Policy outlines what you can do if you feel you are being subjected to bullying or harassment in the workplace. If there is anything in this Policy that you do not understand or you require any further advice, please speak to your Manager, Trade Union Representative or a member of Human Resources.

Applying the Harassment and Bullying Policy

If you find that you are unhappy about behaviour or conduct towards you whilst carrying out your work for the Council, you should consider what action to take.

There are five ways in which you can address the issue, these are:

Do nothing

Even if you decide to take no action at this stage, it is a good idea to keep an informal note of what happened, the date and time, where it occurred and whether anyone else was present.

Confide in someone, but take no action

If you feel you are the subject of unwanted and unacceptable behaviour, it is often reassuring to confide in someone you can trust. Often talking the situation through with a manager, colleague or Trade Union Representative can help you decide what course of action is best for you. At this stage, you do not need to make a formal complaint, and you can make it clear that you want your discussion to remain in confidence.

Even if you decide not to take any formal action at this stage, it is still a good idea to make a note of any behaviour that has occurred, including dates and times – this is incase the situation continues and you decide at a later date to take more formal action. You will have these notes to refer back to.

Many of the staff in Human Resources have been trained in how to handle bullying and harassment complaints. You may find it easier to approach a member of this team which is independent of your Service as a form of confidante. Any member of staff you approach within the Council will give you support and listen to any concerns you may have. You may find that you are not the only person who has been offended by the perpetrator.

You can also speak to the Council’s Employee Assistance Provider or refer to the Council’s whistleblowing policy.

Where the severity of an allegation of bullying or harassment described is considered to be very serious, it may be necessary for the Council to take action in order to comply with its duty of care to its employees. If this is the case, you will be consulted and advised of this course of action.

Informal route

This would involve making it clear to the perpetrator that their behaviour is offending you and that you want them to stop. If face to face contact is too difficult at this stage, it could be addressed via telephone, e mail or letter. In many cases, this type of action is sufficient to stop the bullying or harassment as you have made it known that their behaviour is unacceptable.

If you choose to approach the person, you should think about how and what you intend to say to them. You might feel more comfortable if you are accompanied by a colleague. You should make it clear exactly what it is that they have done to offend you and how that behaviour has made you feel. Make it clear that you are not prepared to accept this type of behaviour and it cannot continue.

Take into account that the person you approach may not be aware of the effect their behaviour is having on you, and may want to apologise and put things right. Ensure you keep a written note of your conversation with them and the outcome.

Alternatively, you could ask someone else to speak to the perpetrator. This does not constitute formal action. It might be more effective if this is a member of Human Resources or your Manager. No formal notes or records will be retained unless you ask for this to happen.
If after following the informal route the bullying or harassment stops, you should endeavour to create a harmonious working environment with that person. However, if the unacceptable behaviour persists, you should take the next step which is to make a formal complaint.

Make a formal complaint

Where you feel you have been subjected to bullying or harassment and either the informal route has been ineffective, or the case is more serious, then a formal complaint should be made. You do not have to go through Steps 2 and 3 before making a formal complaint.

When making a formal complaint, you should set out the details of the complaint in writing including specifics as to dates and times and an account of what the bullying or harassment is alleged to consist of. Include as much detail as you can remember, and include any actions you have taken to try to rectify the problem or the names of anyone you may have confided in.

Do not wait too long between the most recent act of harassment and making a formal complaint. Your written complaint should be submitted to one of the following:

  • Your Supervisor/Manager
  • Head of Service (if your Manager was involved)
  • Corporate Director/ Management Team member(if your Head of Service was involved)
  • Head of People, Performance and Projects
  • Union Representative

Any of these people will be able to give you information and advice before and during the process.

Once a complaint has been made a formal investigation will be carried out supported by a member of Human Resources. To ensure impartiality for all parties, the investigating Officer will be a suitably experienced and trained manager or Officer with no connection to you or the alleged perpetrator. The alleged harasser also has rights. Investigations will normally be carried out within four weeks of your complaint.

The sensitive nature of bullying and harassment will require that investigations are conducted within the following framework of:

  • Prompt, thorough, impartial investigations with due regard to the rights of both the complainant and the alleged harasser
  • Competent investigators experienced in dealing with harassment
  • Investigators who are not connected with the allegation
  • The rights of both parties to be represented and accompanied
  • All parties to be treated with respect and fairness at all times
  • Clear details of the complaint
  • A time scale for resolution of problems
  • A commitment to confidentiality for everyone involved, including witnesses
  • No victimisation of any party to the investigations

If you are questioned during the investigation you have the right to be accompanied by a friend or supporter (e.g. a work colleague or Trade Union representative).

The Head of People, Performance and Projects will decide what is the most appropriate action, taking into account the severity of the behaviour and effects on you together with the attitude of the alleged bully/harasser. Action could include an undertaking by the person concerned that the unwelcome behaviour will stop, an apology and/or an agreement to take part in some awareness training, or it could lead to formal disciplinary action. In any case, a written record will be kept at this stage.

Where it is decided that formal disciplinary action is deemed appropriate, the Council’s Disciplinary Policy Rules and Procedure will be applied and followed.

You do not have a right of appeal against any decision affecting the alleged bully/harasser following the disciplinary process. Only the bully/harasser may appeal against the decision as part of the Disciplinary Procedure. You may lodge a formal grievance if you feel that your complaint has not been taken seriously or the investigation was not carried out correctly. Any form of victimisation of you, the alleged bully/harasser, witnesses or anyone else involved is a disciplinary offence.

Reporting Third Party Bullying/Harassment – with effect from 1st October 2010, employees can make a claim of third-party harassment regarding someone who is not an employee of the Council, but who they come into contact with when undertaking their work. In order to do so, the employee must have raised the complaint of third-party harassment with the Council on two previous occasions. The previous occasions do not need to include the same bully or harasser or be in relation to the same protected characteristic. This might include a customer, service provider or Councillor. These complaints will be treated seriously, and the employee concerned will be afforded the same level of support as any other complaint under this Policy.

Take legal action

You have the right to make a complaint to an Employment Tribunal, however, in most cases they will expect you to have exhausted the Council’s internal procedures first. Tribunal claims must normally be made within three months of the last act of bullying or harassment complained about.

You have the right to make a complaint to the Police, particularly if the bullying or harassment complaint is of a physical nature, e.g. assault.

To understand your statutory rights further, advice can be sought from a solicitor, your Trade Union Representative, or a Citizens Advice Bureau.

Further Help and Guidance

For further help and guidance, the following points of contact may be useful:

Internal Contacts

  • Anastasia Simpson
    Head of People, Performance and Projects
    Town Hall
    Telephone: (01255) 686324
    Email: asimpson@tendringdc.gov.uk
  • Unison Local Branch
    Telephone numbers of Unison Representatives can be found on the Council’s Intranet.

External Contacts

For further guidance or advice regarding this Policy, please contact Human Resources.

Link to form
Author:
Human Resources
Last updated on:
February 2018