Bullying and Harassment Policy

Introduction

One Degree North is committed to taking reasonable steps to ensure that its staff are treated with dignity and respect and treat others in the same way in our place of work.  We believe that all staff have the right to work in an environment where they feel safe and supported which is free from any form of harassment, including sexual harassment, and/or bullying. All staff have access to redress if such behaviour does arise. The Company strongly encourages anyone who experiences or witnesses any form of bullying and/or harassment to report it in accordance with this policy.

This policy covers harassment and bullying behaviour that occurs in the following situations:

• in the workplace
• outside the workplace or normal working hours from colleagues, third parties or other people connected to the Company in a work-related context; such as on business trips, client or supplier events, work-related social events or on social media
• against anyone outside of a work situation where the incident is relevant to your suitability to carry out the role.

This policy applies to all staff working for us at any of our premises, including casual and agency staff, consultants, contractors, directors, employees, homeworkers, managers and volunteers. We also make it clear to our clients, visitors and others who work with us or on our behalf that harassment of our staff is unacceptable.

All staff are required to read this policy and to ensure that they understand what types of behaviour are unacceptable. If you have any queries, please refer to your line manager.

This policy does not form part of any employee’s contract of employment. We may amend it at any time and decide to follow a different procedure where we consider it appropriate.

Harassment

It is the Company’s policy that the unlawful harassment of any of its employees is unacceptable behaviour and will not be tolerated. Anyone found to be in breach of this policy will be liable to disciplinary action, which could result in dismissal without notice.

Harassment may take many forms (including bullying) and can occur on a variety of different grounds and can be directed at one person or many people. Harassment need not be directed at the complainant and can occur if the complainant witnesses another person being harassed.

Harassment involves subjecting individuals to conduct which is unwanted and where the conduct has the purpose or effect of:

• violating the victim’s dignity, or
• creating an environment that is intimidating, hostile, degrading, humiliating or offensive to the victim or the person witnessing this.

When determining if someone’s behaviour amounts to harassment, it’s necessary to take the circumstances of the situation into consideration including how the person subject to the alleged harassment views it and if it’s reasonable for them to view it in that way. As detailed above, to be harassment the unwanted behaviour must have violated the person’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment. It can be harassment if the behaviour has one of these effects even if it wasn’t intended or if it was intended to have one of these effects even if it did not have the effect. Unwanted behaviour can include a serious one-off incident or repeated behaviour.

It is the unwanted nature of the conduct that distinguishes harassment from friendly behaviour that is welcome and mutual. Staff must always consider whether their words or conduct may be considered offensive.

Sexual Harassment

Sexual harassment takes many forms, but whatever form it takes it is unlawful under the Equality Act 2010 as amended. One Degree North will not tolerate it and will take reasonable steps to prevent sexual harassment of its workers.

Harassment also occurs where an individual engages in unwanted conduct of a sexual nature and that conduct has the purpose or the effect referred to above. An individual of any gender may be the victim of sexual harassment. Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. It also covers treating someone less favourably because they have submitted to, or refused to submit to, unwanted conduct of a sexual nature or in relation to gender reassignment or sex.

A person will also commit harassment if they (or anyone else) engages in unwanted conduct (of a sexual nature or otherwise) that has the purpose or the effect referred to above and the victim either rejects or submits to it and, because of that rejection or submission, that person treats the victim less favourably.

For example, it will be harassment for a manager whose repeated advances to a more junior female employee have been consistently rebuffed subsequently to give the woman a poor performance review because she had rejected him.

Sexual harassment may be committed by a fellow worker, an agent of an organisation, or a third party. It does not need to occur in person. It can occur via digital means, including social media sites or channels (e.g. WhatsApp). Someone may be sexually harassed even if they were not the target of the behaviour.

We will provide training to all our employees on sexual harassment to ensure there is a clear understanding of expectations of conduct, reporting procedures and repercussions. We take action to prevent sexual harassment from occurring and have clear reporting procedures for our staff to make a complaint about sexual harassment. If you have been sexually harassed, or you have witnessed sexual harassment, we encourage you to tell us by contacting your line manager and/ or a Company Director so that we can deal with the matter swiftly. Our managers will maintain an open-door policy and we encourage all staff to come forward with any concerns in relation to sexual harassment. If your complaint relates to your manager, you should contact another manager who you feel that you can trust or a Company Director.

Harassment and/or sexual harassment can occur whether or not it is intended to be offensive, as it is the effect on the victim which is important, not whether or not the harasser intended to harass them. Harassment or bullying is unacceptable even if it is unintentional.

Harassment may relate to:

• age
• disability (past or present), sensory impairments or learning difficulties
• gender reassignment
• marital or civil partner status
• race, colour, nationality, ethnic or national origins
• religion or belief
• sex or sexual orientation
• trade union membership (or non-membership)
• part time or fixed term status
• status as an ex-offender
• health
• physical characteristics
• power or hierarchy
• willingness to challenge harassment (leading to victimisation)

The phrase ‘relate to’ is very wide and therefore covers:

• harassment based on a perception of another person, for example that the person is gay, or is disabled, whether or not this perception is correct and even if the harasser knows that their perception is, in fact, wrong, and
• harassment that occurs because someone is associated with another person, for example, someone who is harassed because they care for a disabled person, or who is harassed because they are friends with a transsexual person, or a white worker who sees a black colleague being subjected to racially abusive language which also causes an offensive environment for her.

Whilst not an exhaustive list, forms of harassment, including of a sexual nature, can include:

• physical contact or “horseplay”, including touching, pinching, lifting, moving, pushing and grabbing
• sexual comments or jokes, which may be referred to as “banter” including on online communication and social media
• offensive language, shouting or behaving in an intimidating manner
• gossip
• slander
• offensive, insensitive or sectarian songs or messages (including email)
• displaying posters or pictures, graffiti, emblems, flags that some people may find offensive
• obscene or offensive gestures
• offensive or sexually explicit emails and screen savers etc
• isolation or non co-operation and exclusion
• coercion for sexual favours or sexually suggestive remarks
• pressure to participate in political/religious groups
• intrusion by pestering, spying and stalking including questioning
• continued requests for social activities after it has been made clear that such suggestions are not welcome
• verbal, non-verbal or physical conduct of a sexual nature
• outing or threatening to out someone as gay, lesbian or other sexuality
• unwelcome touching, hugging, massaging or kissing

Harassment is unlawful in many cases and individuals may be legally held liable for their actions. In some cases their behaviour may also amount to a criminal offence.

Bullying

Bullying may be described as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, upset, threaten, denigrate or injure the recipient. Bullying may be physical, verbal or non-verbal conduct.

In our company, unacceptable behaviour includes (this is not an exhaustive list):

• spreading malicious rumours, or insulting someone (particularly because of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, or sexual orientation)
• copying memos that are critical about someone to others who do not need to know
• ridiculing or demeaning someone – picking on them or setting them up to fail
• deliberately excluding a person from communications or meetings without good reason
• unfair treatment
• overbearing or intimidating supervision or other misuse of power or position
• making threats or comments about job security without foundation
• deliberately undermining a competent worker by overloading and constant criticism
• preventing individuals progressing by intentionally blocking promotion or training opportunities

Legitimate, reasonable and constructive criticism of a worker’s performance or behaviour, or reasonable instructions given to a worker in the course of their employment will not, on their own, amount to bullying.

There are many actions and behaviours that do not amount to harassment and/or bullying within the workplace. For example:

• fair and reasonable criticism of an employee’s performance or behaviour
• rejection of an employee’s personal request, such as a request for time off or for adjusted hours, because of a legitimate business need
• constructive feedback from a colleague or manager
• not being invited to a meeting in circumstances in which the employee is not required
• being appropriately managed in accordance with any Company policy.

Harassment and Bullying Procedure

Due to the seriousness with which the Company views any form of harassment and bullying, informal and formal reporting procedures have been introduced which are separate from the Grievance Procedure as a mechanism for dealing with complaints of harassment and/or bullying.

All allegations of harassment including that of a sexual nature and/or bullying will be dealt with seriously, promptly and in confidence. Employees who feel they have been subject to harassment and/or bullying must not hesitate in using this procedure nor fear victimisation. Retaliation against an employee who brings a complaint of harassment and/or bullying is a serious disciplinary offence which may account to gross misconduct and could result in dismissal in accordance with the Company’s disciplinary procedures.

Your line manager, will provide, in confidence, advice and assistance to employees subjected to harassment and/or bullying and assist in the resolution of any problems, whether through informal or formal means.

Informal Procedure

We recognise that complaints of harassment, sexual harassment or victimisation and/ or bullying can be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal Grievance Procedure. In these circumstances, you are encouraged to raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper.

If an incident happens which you think may be harassment, including of a sexual nature, or bullying, you may prefer initially to attempt to resolve the problem informally, if you feel able to do so. In some cases, it may be possible and sufficient to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is not welcome, that it offends you or makes you uncomfortable and that it interferes with your work. You should make it clear that you want the unwanted behaviour to stop. If you feel unable to do this verbally or on your own then you should send a written request to the harasser, and your confidential helper can assist you in this. If the incident concerns a client or other third party, you may wish to ask your line manager to intervene for you on an informal basis.

In addition, you may also choose to raise concerns during your regular communication with your manager, e.g. in a one-to-one meeting. Your manager will listen to you and take your concerns seriously if you do this but may encourage you to follow the reporting procedures set out below. If you don’t have a one-to-one meeting scheduled with your manager, you can ask to meet with them to discuss any concerns that you may have.

If you are in any doubt as to whether an incident or series of incidents which have occurred account to harassment and/or bullying, then in the first instance you should approach your line manager on an informal confidential basis. They will be able to advise you as to whether the complaint requires further action, in which case the matter will be dealt with formally/informally as appropriate.

If the conduct continues or if it is not appropriate to resolve the problem informally or you do not feel able to raise it informally, it should be raised through the following formal process.

Formal Procedure

Where informal methods fail or are not appropriate, or serious harassment and/or victimisation or bullying occurs, you are advised to complain formally in writing to your line manager.  If the matter concerns that person, you should refer your complaint to a higher level manager. Again, your confidential helper can assist you with this.

Your written complaint should set out full details of the conduct in question, including:

• the name of the alleged harasser
• the nature of the alleged harassment or bullying
• the dates and times at which the alleged harassment or bullying occurred
• the names of any witnesses
• any action that has been taken to attempt to stop it occurring

On receipt of a formal complaint, consideration will be given to keeping the complainant and the alleged harasser separated whilst they are at work, taking into account the views of the complainant. In serious cases the alleged harasser may be suspended in order for the complaint to be investigated or temporary changes to working arrangements may be made pending the outcome of the investigation.

The person the Company appoints to handle the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough impartial and objective investigation. The person handling the complaint will not be connected with the allegation. The meeting will normally be held as soon as reasonably practicable following receipt of your complaint. You have the right to be accompanied at such a meeting by your confidential helper, another work colleague of your choice or a trade union representative and you must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence may be dealt with under the Company’s Disciplinary Procedure.

The investigation will also involve meeting with the person against whom you are making the complaint. The alleged harasser will be given full details of the nature of the complaint and will be given the opportunity to respond. The investigation may also need to examine relevant documents, including emails and other evidence. An investigation will be carried out timely, sensitively and with due respect for the rights of both you and the alleged harasser.

Where your complaint is about someone other than a fellow worker, such as a client, supplier or visitor, we will consider what action may be appropriate to protect you (and anyone else involved) pending the outcome of the investigation; bearing in mind the needs of our business and the rights of that person. We will try to discuss the matter with the third party where appropriate.

Strict confidentiality will be maintained throughout the investigation into the allegation. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised to them. Breach of confidentiality by any party may give rise to disciplinary action.

When the investigation has been completed, you will be informed whether or not your allegation is considered to be well-founded.

If the allegation is well-founded, disciplinary action may be taken against the person alleged to have committed the behaviour you are complaining about and, depending on the circumstances and the seriousness of the complaint, this may result in the dismissal of that person with or without notice. The Company is not at liberty to discuss the specific detail with you. The Company will assure you that the well-founded concerns have been adequately dealt with.

Even if the allegation is found to be not well-founded, consideration may be given to whether it is necessary and reasonably practicable to transfer or reschedule the work of both or either party, in cases where the Company considers it would not be appropriate for either of you to continue to work in close proximity to each other.

In all cases the Company will consider how best to manage the ongoing working relationship between you and the person concerned. It may be appropriate to arrange some form of meeting and/or mediation and/or counselling, or to change the duties, working location or reporting lines of one or both parties, if reasonably practicable to support the ongoing working relationship.

You have the right to appeal against the findings of the investigator. You will be provided with information of who to appeal to and within what timeframe within the outcome letter. You will then be invited to a further meeting. As far as reasonably practicable, the Company will be represented by a more senior manager than the manager who attended the first meeting (unless the most senior manager attended that meeting). Following the appeal meeting, you will be informed of the final decision, in a timely and reasonable manner, which will be confirmed in writing.

Staff who make complaints or who participate in good faith in any investigation will not suffer any form of retaliation or victimisation as a result.  Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under the Company’s Disciplinary Procedure.

The Company takes these matters very seriously. However, malicious complaints of harassment and/or bullying can have a serious and detrimental effect upon a colleague and the workplace generally. Any unwarranted allegation of harassment and/or bullying made in bad faith may be dealt with via the Company’s Disciplinary Policy and could be deemed potential gross misconduct. We are sure that all employees appreciate that this is necessary to protect the integrity of this policy.

What to do if you witness sexual harassment or victimisation

If you witness sexual harassment or victimisation, you are encouraged to take appropriate action to address it. You should not take any action that may put you at risk of harassment or other harm. If you feel able to, you should intervene to prevent the matter continuing. If you are not able to do this, your action may include offering support to the person who has been sexually harassed and encouraging them to report the incident and reporting the incident yourself.

When reporting the incident, you should bring the matter to the attention of a Manager, you can do this verbally but should also put it in writing. Alternatively, you can report instances of sexual harassment to a Company Director.

Your concerns will be handled by a Director, Line Manager or somebody who the Company deems suitable, who will sensitively talk to the person subject to sexual harassment or victimisation to understand more about the incident and to determine the best course of action to deal with it. When serious concerns have been raised, the Company will take reasonable steps to deal with such matters, even if the employee objects to this.

If you have suggestions on improvements to reporting sexual harassment, please notify a Director.

Third party sexual harassment

Third-party sexual harassment occurs when a member of our workforce is subjected to sexual harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our customers, suppliers, members of the public. Examples include but are not limited to: clients, people using the service, friends and family of colleagues, delegates at a conference or business event, audiences and self-employed contractors.

Third-party sexual harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.

In order to prevent third-party sexual harassment from occurring, we will take reasonable steps and continuously review our efforts. For example by informing third parties (e.g. suppliers) of our zero-tolerance approach to sexual harassment.

Should a customer or client sexually harass a member of our workforce, the Company will take reasonable and preventative action. Examples include but are not limited to: warning the client/ customer about their behaviour and sharing information relating to the incident with other offices/branches of the Company. Any criminal acts will be reported to the police.

If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to your line manager or a Company Director.

We will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment of this kind may lead to disciplinary action, including termination of employment.

Miscellaneous

In the case of any doubt or concern about the application of this policy in any particular instance, contact your line manager.

The Company will continuously review its policy, procedures and practices on Bullying and Harassment, ensuring they are up to date whilst also monitoring their effectiveness. Any changes required will be implemented and communicated to our workforce and third parties where necessary.

Confidential records of matters dealt with in accordance with this policy will be kept securely and stored in line with retention periods set out in the employee privacy policy.

Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents complied during the process

This policy applies to all areas of the business including any overseas sites, subject to any applicable local laws.