Anti-harassment policy

1.0 Policy statement and general principles

The council takes seriously its policy on valuing diversity and will strive to ensure that its workforce reflects local communities. It has a legal duty of care to its employees both to provide a safe workplace and a safe system of work and expects the highest standard of conduct of employees in their dealings with colleagues, managers and our customers.

The council will not tolerate any form of unfair discrimination and/or intimidatory acts and recognises the right of all employees to work in a healthy and safe, harassment free environment. Such behaviour does not have to happen at work for action to be taken. Employees can experience harassment at conferences, away days and even when they are socialising after work at a work related event. Bullying, victimisation, harassment and discrimination (whether direct or indirect by nature) will not be tolerated and as such is unacceptable behaviour and a matter of misconduct. At each stage of the procedure consideration would be given to whether any action is required which could include disciplinary action up to and including dismissal or retraining.

Bullying, victimisation and harassment by a person external to the council (e.g. customer, client, contractor) is also covered by this policy and will not be tolerated. Employees are encouraged to report any such behaviour to their line manager so that steps can be taken to prevent it and ensure it does not happen again. For example warning a customer about their behaviour, banning a customer and/or reporting any criminal acts to the police.

The Equality Act 2010 prohibits three types of harassment:

• Harassment related to a ‘relevant protected characteristic’
• Sexual harassment
• Less favourable treatment of a worker because they submit to, or reject, sexual harassment or harassment related to sex or gender reassignment

This document is related to the Respecting People at Work Framework which is an over-arching policy framework which aims to ensure that all council staff treat each other with respect. Also, to ensure that any workplace problems and grievances, including bullying and harassment, are dealt with fairly and equitably using the correct procedures.

This policy will apply to all employees and is designed to protect the dignity and respect that all employees have a right to expect. If someone external to the council complains about bullying, victimisation or harassment by council employees, the complaints procedure will be used as appropriate.

Concerns expressed anonymously are much harder to investigate but will be considered taking into account the seriousness of the issues raised and the credibility of the concern.

Any deliberate/malicious abuse in the operation of this Policy will be viewed as serious misconduct and will be considered under the disciplinary policy and procedure.

This policy should be read in conjunction with sexual harassment information and support for managers, complainants, alleged harassers and witnesses/colleagues

2.0 Definitions

Harassment in the Equality Act 2010 this is defined as ‘unwanted conduct relating 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 definitions make it clear that the essential characteristic of harassment is that it is unwanted by the recipient. It is the impact of the conduct and not the intent of the alleged harasser that determines whether harassment has occurred.

Bullying - is not defined in law but ACAS define bullying as: ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power that undermines, humiliates, or cause physical or emotional harm to someone’

Bullying or harassment may be by an individual against an individual or involve groups of people. Whatever forms it takes it is unwarranted and unwelcome to the individual.

Victimisation - is a form of unlawful discrimination where someone is treated less favourably because they made a complaint (in good faith) about discrimination or harassment. People are protected from victimisation under the Equality Act.

Examples of harassment can be found in Appendix 1.

3.0 Stages of the policy

All complaints will be dealt with in a confidential, positive and sensitive manner and employees are assured that they will be protected against victimisation when bringing a complaint under this procedure. This will be the case even where the complaint is not upheld provided it is made in good faith.

Due to the sensitive nature of complaints a balance must be made between the need to preserve confidentiality and the need for informed discussions of the issues raised.

Any member of staff who makes or is the subject of a complaint will receive a copy of this policy/procedure and will be supported throughout the process.

Where more than one member of staff has a similar complaint against the same staff member these will be dealt with as part of the same investigation/process.

Informal stage

Action should be taken as soon as possible to resolve the complaint taking into account how the worker wants it to be resolved.

As a first step employees are encouraged to make notes of any incident(s).These notes should include, where possible:

• Date of incident(s)
• Time of incident(s)
• Place of incident(s)
• If known, the name of the alleged harasser(s)
• What actually happened
• How you felt at the time
• The name of anyone else present at the time
• Action taken, if any

If an employee feels able to they can speak to the alleged harasser and ask them to stop. If they feel unable to do this there are a number of people they can approach, in confidence, for example:

• Line manager/head of service
• Trade union representative
• HR

All of these have defined responsibilities under the scope of this policy as set out in Appendix 2, and will support the employee in making a written record of what has happened to seek to help resolve the situation. Any resolution identified will be recorded and will include an agreement to monitor/review the situation at an agreed date.

If an employee experiences bullying, victimisation or harassment, which is not personally directed at them individually, (e.g. generalised sexist/racist language), they can still raise the matter. Where an employee feels unable to raise the matter directly they may ask a work colleague to do this on their behalf. Appendix 3: Informal problem identification and mediation process.

If all parties are agreeable conciliation and mediation will be arranged. This will involve seeking a mutually acceptable outcome which confirms that the offending behaviour will cease and not be repeated and/or an acknowledgement by the harasser that the behaviour is unacceptable. This approach can only succeed if agreed by both parties. Experience has shown that conciliation and mediation can be highly effective as it brings the parties together, ensures recognition of the issue(s) and seeks to avoid polarisation of views as well as identify an agreed way forward.

If following the informal stage the bullying, victimisation or harassment does not cease the employee can progress to the formal stage of this Policy. Employees may also progress straight to the formal stage of the policy where they feel the behaviour is so serious it cannot be resolved informally. Guidance can be sought from HR where required.

Formal stages

Stage 1 – Manager

Where the employee wishes to make a formal complaint the anti-harassment complaint form at Appendix 4 must be completed. The form must clearly state what the complaint is and what outcome is being sought. If attempts have been made to resolve the complaint informally this should be detailed. Support to complete the form can be obtained from either the trade union, a workplace colleague, line manager or family member.

The completed form is sent to the line manager for them to respond to formally. If the complaint is specifically about the line manager the form can be sent to the manager at the next level or HR who will determine the most appropriate person to share it with.

On receipt of the form the recipient will:

• Acknowledge the complaint, (in confidence), at the earliest opportunity and within 5 working days
• Inform the alleged harasser, both orally and in writing, of the alleged complaint. The written correspondence will include clear details of the complaint made
• Ensure both employees are supported during the process and consider any changes required to working arrangements

The line manager may appoint an investigation team and where this is necessary it will be led by an independent investigator whose role is to gather all the relevant information with regard to the complaint. This may include a set of interviews with the complainant, any witnesses to the alleged incidents and the individual whom the complaint is against. Any investigatory interview an employee attends, will provide the opportunity to be accompanied by either a trade union official or a work place colleague. A minute taker may be present in order to take notes during the interview. A copy of the notes will then be sent to the parties concerned so they can be given the opportunity to make any amendments and return them to the investigating team. The investigating officer(s) will endeavour to give a realistic timescale for the investigations taking into account the need to carry out a full and fair investigation. Complex investigations can take longer but all parties will be kept up to date with progress.

At any stage where contact between the complainant and the alleged harasser becomes an issue, alternative work/relocation may be discussed and, if reasonably practicable, will be arranged in the interim pending the outcome of the complaint.

The outcome of stage 1 will be provided and confirmed in writing.

Stage 2 – Progression to chief officer (or appropriate delegated officer)

If, following the outcome at stage 1 the employee remains dissatisfied they may progress the complaint in writing, to the chief officer of their service, providing to them:

• The specific grounds of appeal and the reasons they feel their complaint/s has not been resolved
• The anti-harassment complaints form and any information from previous stages of the process including the written response from the line manager at stage 1
• Any notes of meetings held to discuss the problem

The employee is normally expected to proceed to stage 2 of the procedure within 10 working days of being informed of the outcome at stage 1. If the employee is unable to do this, they must explain why.

The chief officer will call a meeting to discuss the complaint and the employee will be notified of this within 10 working days of receipt of the documentation. The following people will be present at the meeting:

• Chief officer
• A human resource officer
• Line manager or alternative person who has dealt with stage 1 of the procedure
• Employee and trade union representative or work colleague where applicable
• Others as appropriate – for example, where a manager may have assisted earlier in the process they may be present

The employee will be informed of the outcome in writing within 10 working days of the meeting unless otherwise agreed.

Stage 3 - Appeal to elected members

This is the final stage of the procedure.

If the employee remains dissatisfied they may progress their complaint in writing as an appeal to elected members. In order to do this, the employee must write to the head of HR within 10 working days of receiving your outcome at stage 2.

The employee should send:

• The specific grounds of appeal and the reasons they feel the complaint has not been resolved
• The original complaints form from stage 1
• Copies of any notes/documentation from the previous stages including the written responses from the manager and chief officer

If the employee is unable to progress to stage 3 within 10 working days of receipt of their outcome at stage 2, they must explain why.

A date for appeal will then be arranged at the earliest opportunity. However, a time limit cannot be set as the appeal hearing will need to fit into the council meetings calendar. Appeals will be heard by the employment and appeals committee.

The employee and the chief officer will be given a date in writing for the appeal hearing 15 working days in advance of the hearing. Both parties will be expected to submit written documentation that will be referred to at the hearing – details will be provided in the letter.

4.0 Support during the process

Employees will be supported throughout the process including where a complaint is not upheld, recognising that the effect of the complaint can be significant. It is important to consider how to help the individuals affected by the raising of a complaint and to work together after the complaint has been dealt with.

At any stage where contact between the complainant and the alleged harasser becomes an issue, alternative work/relocation may be discussed and, if reasonably practicable, will be arranged in the interim pending the outcome of the complaint. Any alternative work/relocation, for either or both parties, will be discussed with those concerned.

Employees Assistance Programme (EAP)

The Employee Assistance Programme is provided by Health Assured, an independent organisation offering a free confidential telephone helpline. This includes access to counselling if appropriate. This service is available for employees and their immediate families * 24 hours a day, 7 days a week, 365 days a year.

Contact can be made:

5.0 Raising an issue after leaving council employment

Employees who have left the council’s employment may raise a complaint within 6 months of their last day in service.

Statement of resolution: The ex-employee must set down in writing the nature of their complaint and the outcome they seek and send the written complaint to the chief officer in their old employing department.

Meeting: The chief officer, or someone that they nominate to deal with the matter, will invite the ex-employee to a meeting to discuss the problem/issue. After the meeting, the chief officer or nominated officer should inform the ex-employee of their response in writing (within ten working days), advising them of their right of appeal, if they are dissatisfied with the decision.

Appeal: If the ex-employee wishes to appeal, they must confirm this in writing within 10 working days of being notified of the decision. The appeal will normally be heard, at a meeting, by the director of their previous employing department, or another nominated officer, who should be more senior than the officer who dealt with the meeting at the previous stage

Ex-employees may be accompanied/represented at meetings by a former work colleague or trade union representative.

6.0 Communication and implementation

This document is available electronically via staff intranet and in hard copy from either human resources or your line manager

7.0 Monitoring and evaluation

The effectiveness of this policy will be measured to ensure that we consistently manage dignity at work, not only reactively but proactively as well. The human resource team will review this policy periodically or following significant changes, challenges and/or individual and team demands.

Appendix 1 – Examples of harassment (Please note this is not an exhaustive list)

A. Sexual harassment

Can be defined as ‘unwanted conduct of a sexual nature or other conduct based on sex affecting the dignity of men and women at work’.

Examples of this could include:

• Unnecessary touching, patting, pinching or brushing against a person’s body
• Physical assault
• Demands for sexual favours, propositions or pressure for sexual activity
• Continued unwelcome invitations to social activity outside the workplace
• Leering, rude gestures, whistling, catcalls
• Pornographic pin-ups or other offensive visual material
• Unwanted personal comments about appearance, body size, clothes etc.
• Suggestive remarks and innuendoes
• Other verbal abuse.
• Written comments which are insensitive or suggestive

B. Sexuality harassment

Can be defined as unwanted conduct or actions towards a person because of that person’s sexuality, including anyone from the LGBT+ groups. Such conduct or actions not only cause offence and distress but can also affect a person’s ability to do their work.

Examples of this include:

• Verbal abuse and innuendo
• Use of inappropriate language and gestures
• Comments which may imply that lesbians, gay men and bisexuals “can be cured” or “haven’t met the right partner of the opposite sex yet”
• Suggestions, comments, which may imply that lesbians, gay men and bisexuals are somehow “second class” i.e. that gay men aren’t real or proper men
• Making judgements about a person’s character or lifestyle based on inappropriate stereotypes of lesbians, gay men and bisexuals
• Threatening to make public (outing) the fact that a colleague is lesbian, gay or bisexual
• Excluding lesbian, gay or bisexual colleagues from workplace, socialisation e.g. office talk, social events
• Preventing lesbian, gay or bisexual employees access to peer support and networking

C. Racial harassment

Can be defined as ‘racially motivated actions and behaviour which are directed at people because of their race, colour, ethnic or national origins and which are unwanted and/or cause offence and distress’.

Examples of this could include:

• Racist ‘jokes’
• Racial abuse and stereotyping
• Racist graffiti or other visual materials
• Excluding black and/or ethnic minority colleagues from workplace talk and activities
• An offensive manner in communication, which is not used with other white employees
• Physical assault

D. Harassment of people with disabilities

Can be defined as ‘less favourable treatment of a person because of their substantial and long term physical or mental impairment which affect their ability to carry out normal day to day activities’.

Examples of this could include:

• ‘Jokes’ about disabled people
• Unwanted or patronising comments which repeatedly draw attention to the employee’s impairment, or any employment aids or equipment they may use
• Stereotyping and/or commenting about disabled people’s abilities
• Persistently patronising behaviour
• Excluding a disabled colleague from workplace talk and activities

E. Age harassment

Can be defined as ‘less favourable treatment for reasons relating to age.

Can include:

• Displaying misconceptions and prejudices about age rather than judging solely on talent and skills
• Placing unjustifiable age related criteria on employment practices
• Providing training on the basis of age rather than need
• Stereotyping youth as inexperienced for promotion
• Side-stepping people or excluding people based on the assumption that they are too old to take part or be promoted

F. Religious harassment

Can be defined as ‘less favourable treatment for reasons relating to religious beliefs.

Can include:

• Behaviour which fails to tolerate or acknowledge the rights or needs of people with different beliefs and practices
• Purposely mocking people who respect/practice their religion
• Making fun of people because of their religious beliefs
• Misusing or defacing a person’s religious artefacts

G. Bullying

Can be defined as ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power that undermines, humiliates, or cause physical or emotional harm to someone’

Examples of this could include:

• Demonstrating excluding behaviour
• Constantly using foul language and/or aggressive language
• Persistently picking on or ridiculing a person or person in public or private
• Purposely giving a variety of mixed messages to disrupt a team’s functioning
• Singling out person(s), treating them less favourably than the rest of the group

H. Environmental harassment

An individual can feel oppressed, victimised or harassed by actions or situations that while not directed specifically at them, can still cause offence or distress.

Examples of this could include:

• Sexist or racist graffiti
• Conversations in the workplace which exclude members of particular groups

I. Gender identity harassment

An individual can feel oppressed victimised or harassed as a result of gender identity.

Examples of this could include:

• Repeated, deliberate use of the wrong name or gender pronouns (such as he or she)
• Shaming an employee for not acting or dressing in a way that reflects the sex the employee was assigned at birth
• Refusing to allow an employee to use the restroom associated with the gender the employee identifies with
• Other offensive comments or conduct related to gender identity.

Appendix 2 – Responsibilities under the harassment policy

The council, senior managers, managers, the HR team and trade unions take all complaints of harassment seriously and, therefore, have a joint responsibility to investigate any complaints with sensitivity and confidentiality.

The council/managers:

HR team

Will provide advice and guidance on how to apply the policy and procedure and assist named investigators to deal with the complaint fairly and promptly. They will discuss the option of mediation and signpost to providers where appropriate.

Employees

All employees are obliged to:

• Respect the rights and feelings of their colleagues
• Comply with this policy and its objectives for preventing and eliminating harassment at work
• Understand that their behaviour although unintentional may cause offence
• Behave in a way, which does not harass another person, and to cease behaviour which has been brought to their attention as causing offence
• Discourage inappropriate/offensive behaviour in other colleagues if comfortable to do so
• Challenge behaviour, which could be seen as bullying or harassment or report it to your manager
• Provide support to a colleague who has been bullied or harassed and support them to deal with their concerns in accordance with the procedure or signpost them to sources of support
• Report any incidents of bullying or harassment that they have witnessed
• Recognise that a breach of the policy will be dealt with in accordance of the disciplinary procedure and may result in the termination of employment
• Co-operate with the employer

Trade unions

Trade unions will support members throughout the application of this policy.

Appendix 3 - Informal - Problem identification and mediation

Many problems can be resolved through communicating with the individual(s) with whom the problem/complaint exists. You are encouraged to discuss concerns at an early stage with a view to resolution.

For example, you may feel that a colleague spoke to you in a way that seemed inappropriate. In this case, you should ask to talk to the person in private at an appropriate time. You should explain to them the reason you wanted to talk to them and the effect that what they said to you has had. This should be done in a professional manner and with a good faith effort toward resolution and moving on.

You are encouraged to seek confidential advice and support in dealing with problems if you feel that this will help you. This could be from a colleague, your manager or a trade union representative. This can help in a number of ways:

• You can discuss exactly what is bothering you and decide on the most appropriate way of dealing with this
• You can be clear about the outcome you are seeking and where you might or might not be happy to compromise
• You can rehearse how you will approach the person concerned
• Where you feel unable to make an informal approach you could ask someone to do this on your behalf
• You may decide not to pursue the matter, having talked it through with an impartial individual

Speak to your Line Manager to raise concerns

This process asks you to deal with your line manager informally for information and advice.

An employee who disagrees or is dissatisfied with a supervisor or manager action should, if possible, discuss the concern with that individual. If your problem is specifically about your line manager, it may sometimes be appropriate for you to address this to the next level of management. The majority of misunderstandings can be resolved at this level. This discussion should be held promptly to avoid allowing the issue to ‘linger’. You should arrange the meeting with a clear indication of the subject matter you will be raising.

If you feel unable to raise your problem with your manager yourself, but do not wish for anyone else to do it on your behalf, you may prefer to write it down in a letter to your manager, showing that you have followed the steps below. In this way, your manager can then respond in writing to you. There is no formal time line for this and so an agreed response time between you and your manager should be set, taking into consideration any annual leave, bank holidays etc.

Consider mediation

Mediation is a voluntary and confidential form of problem resolution. It involves an independent, impartial person helping two or more individuals or groups reach a solution that’s acceptable to everyone. The mediator can talk to both sides separately or together. Mediators do not make judgments or determine outcomes – they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute.

The aim of workplace mediation is to restore and maintain the employment relationship wherever possible. This means the focus is on working together to go forward, not determining who was right or wrong in the past.

For more information on mediation, contact your line manager or the employee relations team.

Appendix 4 – Anti-harassment complaint form

If you need these forms in an accessible/alternative formats please contact. employeerelations@blackpool.gov.uk

Private and confidential - Anti-harassment complaint form

This form has been designed to assist you in formally complaining about bullying, victimisation or harassment. If you have any difficulty in completing this form, contact your trade union representative, human resources officer or your line manager/alternative manager.

Name:

Date of complaint (Today’s date):

Team:

Dept:

Your post title:

What sort of bullying, victimisation or harassment are you complaining of? (You can tick more than one box.)

• Racial
• Sexual/sexuality
• Disability
• Age
• Religious
• Caring status
• Gender identity
• Other

What are the name(s) of the alleged harasser(s)?

Who do you hold responsible for the incident(s)?

Was anyone else present at the time of the incident(s)?

Have you discussed this incident(s) with anyone else? If so who? Please also add details if you have raised this informally e.g. with your line manager.

What happened as a result?

In your own words describe the incident(s), include, dates and times; persons involved including witnesses; places; your feelings concerning the incident(s); how long the situation has been going on.

What outcome would you like to see as a result of raising this complaint?

How do you think the bullying, victimisation or harassment could be stopped?

Are you prepared to consider conciliation and mediation to resolve the harassment?

(This will involve seeking a mutually acceptable outcome e.g.: where relevant an undertaking that the offending behaviour will cease and not be repeated and/or an acknowledgement by the harasser that the behaviour is unacceptable. This approach can only succeed if agreed by both parties.)

Is there any other relevant information you wish to add?

Please retain a copy of this form, along with any written response for further reference.

This form should be sent to your line manager or in cases where the complaint is related to alleged harassment by your line manager this form should be sent to your manager’s manager or HR

Private and confidential