PSS information guide BULLYING AND HARRASSMENT 6 PSS: 020 7245 0412, [email protected] Bullying and harassment are difficult to deal with What is harassment? and sometimes difficult to resolve. Your workplace Harassment is any unwanted or unwelcome has policies that set standards of behaviour for behaviour that affects your dignity. From mild- all employees as part of promoting equality and ly unpleasant comments to physical violence, it diversity in service delivery and employment. is often about a personal characteristic such as age, gender, race, sexual orientation, disability, religion or nationality. It can be persistent or a You have the right to work without discrimina- one-off incident. tion and with respect. Someone who believes they are being harassed will view the actions or comments of someone else as demeaning What is bullying? or unacceptable. People have different tolerance levels, so what one person views as demeaning may not appear as Bullying at work is an abuse of power or position. such to someone else. It is offensive discrimination through persistent, vindictive, cruel or humiliating attempts to under- If you think you are experiencing bullying or mine, criticise, condemn, hurt or humiliate either an individual or a group of employees. Examples harassment: of bullying and harassing behaviour include: Think about whether you need time to adjust to new management/organisational style. X constantly criticising a competent worker Check your organisation’s professional conduct X undermining the position, status, worth, value policies. or potential of workers Discuss your concerns with your line manager, HR, X misusing power or position union representative or colleagues who might share X making unfounded comments/threats about job your concerns. security Fo detailed advice, see p. 3 of this guide. X making unwelcome sexual advances, invading personal space, touching, kissing X exclusion/victimisation – separating an individ- Types of harassment/ ual from colleagues, excluding them from work or ignoring them bullying X copying memos criticising someone to col- Sexual harassment/bullying leagues who are not involved Unwanted sexual behaviour or conduct based on X ridiculing or demeaning someone, especially in sex/sexual orientation/gender affecting your dig- front of others nity at work. X spreading malicious rumours or insulting some- Examples include: one on email or social media X unwanted physical contact (touching, patting, X coercing a worker into leaving early, construc- pinching, deliberately brushing against someone’s tive dismissal, early or ill health retirement, etc. body, assault and coercing someone into sexual intimacy) X twisting, distorting or misrepresenting a work- er’s words X making unwelcome verbal sexual advances, propo- sitioning or pressurising/blackmailing someone for X overloading workers with tasks sexual activity, continued suggestions for socialis- X moving the goalposts – setting objectives which ing outside work (despite the person making clear subtly change and are not achievable. this is unwelcome), offensive flirtation, suggestive 1 PSS information guide 6 BULLYING AND HARRASSMENT remarks, innuendo or lewd comments, disclosure of Harassment/bullying based on another individual’s sexual orientation against their wishes religion or philosophical belief X displaying pornographic or sexually suggestive Unwanted behaviour or actions because of pictures, objects or written materials, including on someone’s religion or philosophical belief. email Examples include: X leering, whistling or making sexually suggestive X abuse or intimidation, assault, damage of property gestures X derogatory name calling, malicious comments, X behaviour which denigrates, ridicules, is intimi- jokes, hostile attitudes, banter which encourages dating or physically abusive because of an employ- stereotypes ee’s gender or sexual orientation, such as insults or X offensive comments about appearance/dress. graffiti, displays of offensive material, denial of opportunities, exclusion. Racial harassment/bullying Harassment/bullying based Racially motivated behaviour directed at people because of race, colour, ethnic origin, cultural on age differences, accent, religion and/or nationality. This can affect both younger and older workers. Examples include: Examples include: X derogatory name calling, malicious comments, X intimidation jokes, hostile attitudes, ‘banter’ which either encour- X ages or is based on stereotypes derogatory remarks or jokes about age, banter which encourages stereotypes about age, making assump- X assault, damage of personal property tions about lack of ability based on age. X graffiti, displays of racial insignia or material, denial of opportunities, exclusion from social activities X abuse or insults via email, mobile phones, social The effect of bullying/ media. harassment on the Harassment/bullying of individual individuals with a disability Bullying and harassment can make you feel anxious Unwanted actions or behaviour directed at peo- and humiliated. You might also feel frustrated and ple because of their disability. This includes men- angry at not being able to cope. Some people attempt to tal and physical disabilities. seek revenge, others feel scared and demotivated. Stress Examples include: and low self-confidence can make you feel insecure at work, leading to illness, absence and even resignation. X abuse or intimidation, mimicking the disability Professional performance and relationships are usually X speaking to others instead of the person with the affected. disability, asking intimate questions about their If you are being bullied/harassed, you might experience: impairment X continual anxiety and stress X unreasonably questioning the person’s work capaci- X ty and/or ability by making inappropriate demands, frequent illnesses such as viral infections requirements, jokes X headaches/migraines X uninvited touching, exclusion from social events, X tiredness, exhaustion, constant fatigue, sleepless- making assumptions about people with a disability ness, waking early (e.g. that they don’t have a social/sexual/private life), X making assumptions about a person’s impairment irritable bowel syndrome and sickness record. X poor concentration and forgetfulness 2 PSS information guide 6 BULLYING AND HARRASSMENT X panic attacks, sweating, trembling, shaking X tearfulness Tips X anger If you are being bullied or harassed: Tell your union or staff representative (or the X low self-confidence/self-esteem. British Medical Association/Hospital Consultants and Specialists Association clinical or medical director). Legal context Seek advice from the Advisory, Conciliation and It is the responsibility of your organisation to prevent Arbitration Service (ACAS), Citizens Advice or bullying and harassment in the workplace. It is essential other organisations (for a list, see www.rcpsych. that all staff know such behaviour will not be tolerated. ac.uk/pss under ‘Resources’). The NHS Employers’ guidance covers identifying behav- Speak to colleagues to see if they share the same concerns, whether anyone has seen what is hap- iours that constitute bullying and harassment, current pening to you and whether anyone else has the support and policy, and suggested procedures to deal same problem. with bullying and harassment complaints. It also offers advice on investigating complaints. Employers can If you are reluctant to make a complaint, see now be held vicariously responsible for staff bullying someone you feel comfortable with to discuss the colleagues. issue – your clinical or medical director, someone in HR or a counsellor. It is not possible to make direct complaints about bully- Your employer may arrange for all parties to ing to an employment tribunal. However, employees can attend external counselling if everyone agrees it bring complaints under laws covering discrimination could be useful to resolve the issue. and harassment. The Equality Act 2010 protects charac- teristics such as (‘protected characteristics’): Record all incidents – dates, times, witnesses, your feelings. Keep copies of anything you con- X age sider relevant. X race Those causing you distress may be unaware of what they are doing. You might find it difficult to X religion or belief confront the person yourself – a colleague, trade X sex union official or confidential counsellor could act on your behalf. X gender reassignment Consider writing a memo to the person about X disability what you object to in their behaviour. Keep cop- X pregnancy and maternity ies of your memo and of any reply. Be firm but not aggressive; be positive and calm; stick to the X marriage and civil partnership. facts, describe what happened that caused you distress. Employers’ responsibilities If you decide to make a formal complaint, follow your organisation’s procedures, which should Employers have a duty of care for their employees. If give you information about who to complain to mutual trust and confidence is broken through bullying and how your complaint will be dealt with. and harassment, employees can resign and claim ‘con- structive dismissal’ on the grounds of breach of contract. If you have access to a trade union representa- The breach of contract may also include the failure to tive or other adviser, ask them to help you state your grievance as this can help its resolution. protect an employee’s health and safety at work. Under All organisations have a grievance procedure – the Health and Safety at Work Act 1974, employers are some