Anti-Harassment and Bullying

The Company is committed to creating a work environment free of harassment and bullying, where everyone is treated with dignity and respect.

This page covers bullying or harassment which occurs at work and out of the workplace, including on work trips or at work-related events or social functions and applies to all colleagues including agency and casual workers, and independent contractors.

We also take into consideration our duties under the Human Rights Act 1998.

Definitions

Bullying is offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate or injure the person on the receiving end.

Harassment is unwanted conduct related to relevant protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age, that:

has the purpose of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person; or
is reasonably considered by that person to have the effect of violating his/her dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her, even if this effect was not intended by the person responsible for the conduct.

Victimisation is subjecting a person to a detriment because he/she has, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing him/her or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because he/she has made a complaint or giving him/her a heavier or more difficult workload.

Harassment

Conduct may be harassment whether or not there is an intention to offend. Something intended as a "joke" may offend another person.

Behaviour which any reasonable person would realise would be likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to them. It may not be so clear in advance that some other forms of behaviour would be unwelcome to, or could offend, a particular person, for example, certain "banter", flirting or asking someone for a private drink after work. In these cases, first-time conduct which unintentionally causes offence will not be harassment but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to them.

Harassment also includes circumstances where an individual is subjected to unwanted conduct from a third party, such as a client or customer, for example, it might be that a client makes a series of racist remarks. If you feel that you have been bullied or harassed by customers, suppliers, vendors or visitors, you should report this to your manager who will take appropriate action. Bullying or harassment of customers, suppliers, vendors or visitors or others will be dealt with through the disciplinary procedure. A single incident can be harassment if it is sufficiently serious.

All bullying and harassment is misconduct and is a disciplinary offence which will be dealt with under the Company’s Disciplinary Procedure. Bullying or harassment will often be gross misconduct, which can lead to dismissal without notice.

Bullying or harassment will constitute unlawful discrimination where it relates to one of the protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age. Serious bullying or harassment may amount to other civil or criminal offences, for example, a civil offence under the Protection from Harassment Act 1997 and criminal offences of assault.

Examples of Bullying and Harassment

Bullying and harassment may be misconduct that is physical, verbal or non-verbal, for example, by social media, letter or email. Examples of unacceptable behaviour include (but are not limited to):

physical conduct ranging from unwelcome touching to serious assault;
unwelcome sexual advances;
the offer of rewards for going along with sexual advances, for example, promotion, access to training;
threats for rejecting sexual advances, for example, suggestions that refusing advances will adversely affect the colleague’s employment, evaluation, pay, advancement, assigned work, or any other condition of employment or career development;
demeaning comments about a person's appearance;
unwelcome jokes or comments of a sexual or racial nature or about an individual's age, disability, sexual orientation or religion;
questions about a person's sex life;
unwanted nicknames related to a person's age, race or disability;
the use of obscene gestures;
excluding an individual because they are associated or connected with someone with a protected characteristic, for example, their child is gay, spouse is black or parent is disabled;
ignoring an individual because he/she is perceived to have a protected characteristic when they do not, in fact, have the protected characteristic, for example, a colleague is thought to be Jewish, or is perceived to be a transsexual;
the open display of pictures or objects with sexual or racial overtones, even if not directed at any particular person, for example, magazines, calendars or pin-ups;
spreading malicious rumours or insulting someone;
picking on someone or setting them up to fail;
making threats or comments about someone's job security without good reason;
ridiculing someone;
isolation or non-cooperation at work; and
excluding someone from social activities.

Procedure

Prevention

If you feel that you are being bullied or harassed, you may be able to sort out matters informally. The person may not know that their behaviour is unwelcome or upsetting. An informal discussion may help them to understand the effects of their behaviour and agree to change it. You may feel able to approach the person yourself, or this can be done with the help of your Line manager.

Alternatively, an initial approach could be made by the company on your behalf. In this case, the individual will be informed what behaviour is found to be offensive and unwelcome and the colleague will be informed that you would like it to stop with immediate effect. The accused colleague will be informed that if the behaviour continues, this may result in you making a formal complaint to your Line Manager.

If an informal approach does not resolve matters, or you think the situation is too serious to be dealt with informally, you can make a formal complaint by using the Company's grievance procedure. In the case of grievances about bullying or harassment, you should raise this complaint to your Line Manager.

All complaints will be investigated promptly and, if appropriate, disciplinary proceedings will be brought against the alleged harasser. You will have the right to be accompanied by a work colleague or trade union representative of your choice at any meeting dealing with the grievance. You will be kept informed of the general progress of the process of investigation.

The company will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible. Investigation of allegations will normally require limited disclosure on a "need to know" basis. For example, the identity and the nature of the allegations must be revealed to the person you are complaining about, so they are able to respond to the allegations. Some details may also have to be given to potential witnesses but the importance of confidentiality will be emphasised to them. If the complaint is upheld, and a person who has been found to have harassed you is kept in the company's employment, managers may need to be given some information where this is necessary for them to manage any future risk by that person against them, or others.

Wherever possible, the company will try to ensure that you and the alleged harasser are not required to work together while the complaint is under investigation.

You have the right not to be victimised for making a complaint in good faith, even if the complaint is not upheld. However, making a complaint that is known to be untrue may lead to disciplinary action being taken against you.

Every colleague has a responsibility to help create and maintain a work environment free of bullying and harassment. You can help to do this by:

being aware of how your own behaviour may affect others and changing it, if necessary - you can still cause offence even if you are "only joking";
treating your colleagues with dignity and respect;
taking a stand if you think inappropriate jokes or comments are being made;
making it clear to others when you find their behaviour unacceptable, unless it should be obvious in advance that this would be the case;
intervening, if possible, to stop harassment or bullying and giving support to recipients;
making it clear that you find harassment and bullying unacceptable;
reporting harassment or bullying to your manager and supporting the company in the investigation of complaints; and
if a complaint of harassment or bullying is made, not prejudging or victimising the complainant or alleged harasser.

Managers have a particular responsibility to:

set a good example by their own behaviour;
ensure that there is a supportive working environment;
make sure that colleagues know what standards of behaviour are expected of them;
intervene to stop bullying or harassment; and
report promptly to your line manager any complaint of bullying or harassment, or any incident of bullying or harassment witnessed by them.

Human Rights

The company is committed to ensuring all colleagues are treated with dignity and respect, and this covers not just bullying and harassment.

The following list (which is not exhaustive) illustrates the company’s commitment towards colleagues and those working within our managed properties (They are also referred to in other relevant policies):

We provide a safe and healthy working environment.
We support the elimination of discrimination and promote diversity in the workplace.
We provide fair remuneration.
We conduct our business with honesty and integrity in compliance with applicable laws.
We respect our colleague’s privacy.
We promote freedom of expression.
We promote freedom of assembly and association.
We prohibit torture and inhuman or degrading treatment.