Harassment Policy First Issued November 1998 Revised October 2002 Contact details only revised May 2011 CONTENTS Page No Introduction 1 Purpose of the Procedure 1 What is meant by Bullying and Harassment? 2 What form can Harassment take? 4 Why such unacceptable behaviour will not be tolerated 4 Responsibilities 5 Complaints Procedure 6 Informal action 6 Formal action 7 Possible Outcomes & Actions 9 Rights of the Individuals 10 Support for Employees who have been harassed/bullied 10 Roles Support Officer 11 Manager 12 Investigating Officer 13 Monitoring 14 Review of Policy and Procedures 14 Appendices 1 Harassment Procedure Flowchart 2 Harassment Monitoring Form INTRODUCTION Harassment of employees which is not properly and effectively dealt with can result in tension and conflict within the workplace, stress, ill-health and absence, interference with work outputs, and even resignation. Cumbria County Council is an Equal Opportunities employer and therefore believes that every employee has a right to a working environment in which the dignity of individuals is respected and in which bullying and harassment are unacceptable. The Council is committed to providing a safe and healthy workplace for its employees and will deal seriously with any instances of harassment that could affect this, whatever form this might take. Purpose of the Procedure The purpose of the Harassment Procedure is to create a climate within Cumbria County Council where all employees are treated with respect and dignity at work. This procedure provides a framework for action to be taken to either enable employees to deal with situations themselves, or if they wish, for action to be taken to investigate a complaint and, if harassment is proved to have occurred, for the Council to take action which could reasonably be expected to address the situation. 1 WHAT IS MEANT BY BULLYING AND HARASSMENT? Harassment is a complex and sensitive issue with no simple or adequate definition. This is because it takes so many different forms, can be isolated or repetitive behaviour and may be directed at individuals or groups. It is also very personal, because what constitutes acceptable behaviour for one individual may be deemed harassment by another. In general terms, harassment can be defined as: any unwanted attention or behaviour that a person finds objectionable or offensive and which makes him or her feel threatened or uncomfortable leading to a loss of dignity and self-respect. The test of whether the harasser ought to have known that the behaviour amounted to harassment is whether another reasonable person in possession of the same information would have realised that it did. Intentional harassment at work is also a criminal offence and is punishable at law. An employer who fails to deal with the allegations or acts of harassment can also be subject to the rigours of UK law and European decision making. There is now a case for describing bullying as a distinct and clearly separate form of harassment, if only to aid recognition of it generally. It is a phenomenon which we all recognise as being associated with the school playground, but it is in fact a real problem which bedevils the workplace and is defined as: persistent, offensive, abusive, intimidating, malicious or insulting behaviour, abuse of power or unfair use of penal sanctions, which makes the recipient feel threatened, humiliated, or vulnerable, undermines their self-confidence and which may cause them distress. Harassment and bullying can occur because of a person's :- • race, nationality, skin colour or ethnic background • gender • disability • age • class • sexuality • religious or political convictions • suspected or actual HIV/AID status • trade union membership • status as an ex-offender • willingness to challenge harassment and therefore being victimised themselves This list is by no means exhaustive and the forms of harassment are not mutually exclusive, for example a woman may be harassed on grounds of sex and race. Virtually anyone can be the subject of harassment as it comes in so many shapes and forms. 2 WHAT FORM CAN HARASSMENT TAKE? Harassment can be expressed in many ways. It can be overt, covert, persistent or take place in isolated incidents. It can even be done unwittingly ie the harasser is completely unaware that they are perpetrators of harassment. It can range from less obvious forms like ignoring someone, to extremes such as violence. Whatever the form, it will be unwanted behaviour which is unwelcome and unpleasant. Possible forms include the following by no means exhaustive list :- • unwelcome physical contact or invading a person's space • suggestive comments or innuendo • persistent, unwelcome attention • singling out or victimising • inappropriate detailed checking of work, times of coming and going, or excessive supervision • ostracising or freezing out; withholding information, resources or training • setting impossible objectives; ie setting someone up to fail • changing priorities or objectives unreasonably; "moving the goalposts" • unreasonable allocation of duties, work or areas of responsibility • public reprimand, ridicule, sarcasm or humiliation • belittling or patronising comments • display or issue of offensive literature and pictures • practical jokes or initiations • rifling, damaging or stealing of personal possessions • shouting, swearing, abuse, nicknames, or malicious gossip • persistent reminders of past failings • deliberate wrongful attribution of blame • grabbing - a person or their clothing • pushing, jostling, prodding or stalking • physical assault • other forms of harassment can include the use of e-mails, the sending of faxes or making of telephone calls within the working environment or to a person's home invading their privacy. It should be noted that there is no guarantee that, in the workplace, all employees will enjoy trouble free professional relationships all the time. Such differences of opinion are part of life and may not, in themselves be grounds for a claim of harassment. Employees should also be aware of the need to check that their own attitude is not a contributory factor to the situation. Equally, the fact that a manager has asked an employee to carry out a task which they do not wish to undertake does not of itself constitute harassment. 3 WHY SUCH UNACCEPTABLE BEHAVIOUR WILL NOT BE TOLERATED 1. Behaviour of this nature is contrary to the Council's values. It undermines the Council as an Equal Opportunity employer. It breaches the Code of Conduct for County Council employees. 2. Allowing harassment to go unchecked and undetected can have a major impact on the organisation, through reduced individual and team performance, attitude towards the organisation and the potential cost of litigation. 3. Health and safety implications, such as the physical and psychological damage caused, affect the morale, health and number of accidents in the workplace. 4. Cases which go to Employment Tribunal are time consuming, costly and guaranteed to bring widespread bad publicity. The inevitable disruption in the workplace will have also have an effect on the ability of employees to work to their maximum potential. 4 RESPONSIBILITIES The Council has a duty to create and maintain a safe and healthy working environment for employees and therefore has an obligation to ensure that any allegation of harassment of an employee by another employee is taken seriously, is properly investigated and is dealt with effectively. The Council also recognises that its employees have the right to be treated with respect by the public they provide services to. Harassment of staff by members of the public is dealt with in a separate policy, County Council Safety Procedure number 14 "Personal Security in the Workplace". Managers and supervisors are responsible for the discipline of the employees whom they manage and for ensuring that employees are aware of the Council's policies on equal opportunities. They are responsible therefore for the prevention of harassment at work or, if it does occur for ensuring that it is properly investigated and dealt with promptly and fairly in strict confidence. They are also responsible for ensuring that their employees know how to complain if they become victims of harassment. Individual employees can help in preventing harassment by tackling colleagues whose behaviour appears to be causing distress to others, by reporting to management incidents which cannot be resolved informally and by providing support to individuals who are victimised. They must, of course, be careful not to become party to the harassment themselves. NOTES: 1. Without detracting from the seriousness of harassment at work, it should be noted that a manager has a difficult job to do which sometimes involves making decisions and giving instructions in the course of managing that are not always going to be popular but which cannot of themselves be construed as harassment. 2. If a disciplinary or capability procedure is already under way, the investigation, and any disciplinary/capability procedure or action which follows it, will not normally be interrupted or delayed by the presentation of a claim of harassment. 3. It is recommended that if a manager is unsure about implementing any aspect of this procedure they seek professional HR advice from Capitadbs Ltd or, in the case of Cumbria Contract Services, their own HR section. 5 COMPLAINTS PROCEDURE (See also flowchart at Appendix 1) The Council's policy is to encourage employees who feel they are being harassed to complain