Anti Bullying and Harassment Policy 

Anti Bullying and Harassment Policy 

New Policy: 06/02/2024

Review Date : 06/02/2027

Introduction

1.1 HDS is unwavering in its commitment to fostering a working environment where the dignity of all employees is paramount. It is incumbent upon every individual within the organisation to uphold an atmosphere characterised by mutual trust and respect.    

1.2 This policy extends to all personnel affiliated with HDS across its various premises, including casual and agency staff, consultants, contractors, directors, employees, homeworkers, and managers. It encompasses behaviours occurring both within and outside the workplace but within a work-related context, such as during business trips, customer or supplier events, or work-related social gatherings. 

1.3 The Company fully acknowledges its legal obligations as outlined in the Equality Act 2010 and all associated legislation and codes of practice. Our commitment lies in vigorously promoting equality through exemplary practices and proactively preventing discrimination.

1.4  HDS staunchly opposes any behaviour that could be construed as harassment or discrimination and unequivocally prohibits such conduct. Every employee bears the responsibility to conduct themselves in a manner that respects the dignity of others, and adherence to this policy is mandatory. Moreover, managers are entrusted with fostering a work environment that is supportive and free from intimidation. 

1.5 Employee concerns will be addressed with the utmost seriousness and handled in a constructive manner. Disciplinary measures, including dismissal for egregious violations, may be implemented against any employee found to contravene this policy

1.6 All staff members are required to familiarize themselves with this policy and understand the types of behaviours deemed unacceptable. Should any questions arise, employees are encouraged to consult their Line Manager for clarification.  

1.7 It is important to note that this policy does not constitute a contractual obligation for any employee. HDS reserves the right to amend the policy at any time and may opt to follow alternative procedures as deemed appropriate. 

2. Bullying and Harassment

2.1 Bullying

2.1.1  Bullying is characterized by offensive, intimidating, malicious, or insulting behavior aimed at undermining, humiliating, denigrating, or causing harm to the recipient. It encompasses physical, verbal, or non-verbal conduct and constitutes an abuse or misuse of power.

2.1.2 Within our organisation, unacceptable behaviours include (though not exhaustively):

Spreading malicious rumours or insulting someone, particularly based on protected characteristics such as age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, or sexual orientation.

Circulating critical memos about someone to those who do not require the information, ridiculing or demeaning individuals, singling them out for failure, or setting them up to fail.

Engaging in unfair treatment, such as deliberately excluding a person from communications or meetings without justification, engaging in overbearing or intimidating supervision, or misusing power or position.

Making unwarranted threats or comments about job security.

Undermining a competent worker through excessive workload and constant criticism.

Intentionally obstructing individuals' progress by blocking promotion or training opportunities.

2.1.3 It is important to note that legitimate, reasonable, and constructive criticism of a worker's performance or behaviour, as well as reasonable instructions given within the scope of employment, do not, in isolation, constitute bullying.   

2.2 Harassment

2.2.1 The harassment of any of our employees is deemed unacceptable behaviour. Violations of this policy may result in disciplinary action, including dismissal without notice.

2.2.2 Harassment may manifest in various forms, including bullying, and can target an individual or multiple individuals. It is not necessary for the harassment to be directed at the complainant; witnessing harassment directed at others also constitutes harassment.

2.2.3 Harassment involves subjecting an individual to unwanted conduct that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

2.2.4 Sexual harassment occurs when the unwanted conduct is of a sexual nature and has the same purpose or effect as mentioned above. Victims of sexual harassment can be of any gender.

2.2.5 Harassment also encompasses situations where unwanted conduct (sexual or otherwise) is submitted to or rejected by the victim, and as a result, they are treated less favourably

2.2.6 Conduct typically constitutes harassment if it persists despite being identified as offensive or unwanted. However, a single serious incident may also amount to harassment.

2.2.7 Distinguishing harassment from friendly behaviour requires consideration of whether the recipient finds the behaviour offensive. Staff must always assess whether their words or actions may be considered offensive.  

2.2.8 Harassment can occur irrespective of the perpetrator's intent; it is the effect on the victim that matters. Unintentional harassment or bullying is still unacceptable.

2.2.9 Harassment may be based on various grounds, including age, disability, gender reassignment, race, religion or belief, or sexual orientation.

2.2.10 The term 'relate to' encompasses harassment based on perceived characteristics or associations with others, regardless of accuracy.

2.2.11 Forms of harassment include physical contact, offensive language, gestures, jokes, gossip, offensive messages, coercion for sexual favours, and intrusive behaviour.  

2.2.12 Harassment may constitute unlawful behaviour and may also be considered a criminal offense. The listed behaviours are indicative, and harassment can take various other forms.

2.2.13 Harassment can have detrimental effects on employees, leading to fear, stress, and anxiety, impacting personal and family life, health, and work performance.

2.2.14 Workplace harassment contributes to poor morale, increased turnover, reduced productivity, and division within teams.  

3. Responsibilities

3.1 HDS is committed to taking reasonable action to assist any employee who has experienced bullying or harassment or has been a victim of a criminal offense. Employees are encouraged to report criminal offenses to the police, and in certain circumstances, the Company may have a legal obligation to inform the authorities.

3.2 All allegations of bullying or harassment will be thoroughly investigated and treated confidentially, with the aim of resolving them promptly. HDS ensures that no adverse consequences will result for the employee making a substantiated complaint.

3.3 Managers hold the responsibility of eliminating any harassment or intimidation they become aware of. Failure to do so will be deemed a failure to fulfill their managerial duties. Specific responsibilities include:  

i)        Taking immediate action to halt harassment once identified, potentially resolving the issue without escalation.

(ii)      Ensuring offensive material is not displayed in the workplace.

(iii)    Clearly communicating to the employee involved that their behaviour is unacceptable and may result in disciplinary action.

(iv)     Investigating all complaints made by staff members.

(v)      Continuously monitoring the workplace environment to ensure compliance with acceptable conduct standards.

(vi)     Encouraging employees to adhere to principles of equal opportunities, diversity, and anti-discrimination.

3,4 Employees are expected to :

(i)         Adhere to principles of equal opportunities, diversity, and anti-discrimination in their behaviour.

(ii)        Identify and report any incidents of bullying or harassment.

(iii)       Fully cooperate with HDS's measures, including training and support, aimed at preventing discrimination, harassment, or bullying.

4 Complaints Procedure

4.1 HDS takes all allegations of harassment and bullying seriously, addressing them promptly and confidentially. Employees should not hesitate to use this procedure and are protected from victimisation. Retaliation against a complainant is considered gross misconduct and may result in dismissal.  

4.2 Employees can seek confidential advice or assistance from their line manager or another senior member of the management team if they are experiencing harassment or bullying. Where appropriate, the Company may also seek guidance from an external HR advisor to support in resolving the matter.

If you are unsure whether an incident constitutes harassment or bullying, you are encouraged to raise the matter informally with your line manager or another senior manager for guidance.

 4.3 Informal Stage

4.3.1 If comfortable, employees may attempt to resolve issues informally by clearly expressing their discomfort to the perpetrator and requesting the behaviour cease.  

4.3.2 If confronting the perpetrator alone is challenging, employees can seek support from colleagues,  or ask their manager to intervene informally.

4.3.3 It's advisable to inform a manager confidentially about the situation and keep records of incidents and actions taken.

4.4 Formal Stage

4.4.1 If informal resolution fails or the harassment persists, employees should lodge a formal complaint following the HDS Grievance procedure.  

4.4.2 Formal complaints will undergo thorough, confidential investigation to determine validity. Suspension on full pay may occur pending investigation.

4.4.3 Upon upholding a complaint, immediate action will be taken to stop harassment and prevent recurrence. Efforts will be made to relocate the harasser, and appropriate disciplinary action, including dismissal, may be taken.

4.5 Employees are protected from intimidation, victimisation, or discrimination for lodging a complaint or assisting in investigations. Retaliation against complainants is a disciplinary offense under the HDS Disciplinary Policy and Procedure

This policy will be reviewed every three years or sooner if necessary.

Joe Charlesworth

Director - Highway Data Systems Ltd