1. PURPOSE
J A Stott (Carpentry) Ltd is committed to creating a work environment free from bullying and harassment, where everyone is treated with dignity and respect and this policy is intended to assist us putting this commitment into practice. J A Stott (Carpentry) Ltd will not tolerate bullying and harassment of any kind, or victimisation of a person making allegations of bullying or harassment in good faith or supporting someone to make such a complaint. All allegations of bullying, harassment and victimisation will therefore be formally investigated and, where appropriate, disciplinary action will be taken.
2. SCOPE
The policy applies to all J A Stott (Carpentry) Ltd employees.
3. POLICY STATEMENT
This policy covers bullying and harassment of and by Managers, employees, contractors, agency staff and anyone else engaged to work at J A Stott (Carpentry) Ltd, whether by direct contract with the Company or otherwise. If the complainant or alleged harasser is not employed by J A Stott (Carpentry) Ltd e.g. if the worker’s contract is with an agency, this policy will apply with any necessary modifications such as that J A Stott (Carpentry) Ltd could not dismiss the worker but would instead require the agency to remove the worker, if appropriate, after investigation and disciplinary proceedings.
This policy covers bullying and harassment in the workplace and in any work-related setting outside the workplace, e.g. business trips and work-related social events organised for, or on our behalf, and whether on or off our premises.
3.1 Policy Overview:
• J A Stott (Carpentry) Ltd believes that employees have a right to be treated with courtesy, dignity and respect, and to work in an environment free from bullying, harassment and victimisation.
• Bullying and Harassment is any unwanted behaviour that violates a person’s dignity, or creates an intimidating, humiliating or offensive environment.
• It can be directed to one person or a group of people and can often take place over a prolonged period, but a one-off act can amount to harassment.
• 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.
• Victimisation is subjecting a person to a detriment because he/she has, in good faith, complained 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.
• All complaints will be investigated sensitively and confidentially.
• Acts of bullying, harassment and victimisation are defined as disciplinary offences.
• Employees have informal and formal methods of addressing concerns or raising complaints of bullying, harassment and victimisation under the Company’s Grievance Policy.
• If your complaint is raised and upheld, we may start formal disciplinary proceedings against the person you complained about under the Company’s Disciplinary Policy.
4. POLICY SUMMARY
4.1 Bullying and Harassment
Bullying is a form of harassment which is offensive, intimidating, malicious or insulting behaviour which may be repeated and can make you feel vulnerable, upset, humiliated and threatened, 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.
Conduct may be harassment whether or not the person behaving in that way intends to offend. Everyone has the right to decide what behaviour is acceptable to him/her and to have his/her feelings respected by others. 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 him/her e.g. sexual touching.
It may not be so clear in advance that some other forms of behaviour would be unwelcome or could offend a particular person e.g. certain “banter” or flirting, and 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 him/her.
Harassment may also occur where a person engages in unwanted conduct towards another because he/she perceives that the recipient has a protected characteristic e.g. a perception that he/she is gay or disabled, when the recipient is not, in fact, gay or disabled. Similarly, harassment could take place where an individual is bullied or harassed because of another person with whom the individual is connected or associated e.g. if his/her child is disabled or friend is a devout Christian.
Harassment also includes circumstances where an individual is subjected to unwanted conduct from a third party, such as a client or customer. If an employee feels that he/she has been bullied or harassed by customers, suppliers, vendors or visitors, he/she should report any such behaviour to their 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.
Examples of bullying or harassment
Bullying and harassment may be misconduct that is physical, verbal or non-verbal e.g. by letter or email. Examples of unacceptable behaviour that are covered by this policy 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 e.g. promotion, access to training.
• Threats for rejecting sexual advances e.g. suggestions that refusing advances will adversely affect the employee’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 he/she is associated or connected with someone with a protected characteristic e.g. his/her child is gay, spouse is black, or parent is disabled.
• Ignoring an individual because he/she is perceived to have a protected characteristic when he/she does not, in fact, have the protected characteristic e.g. an employee 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 e.g. magazines, calendars or pin-ups.
• Spreading malicious rumours or insulting someone.
• Picking on someone or setting him/her up to fail.
• Making threats or comments about someone’s job security without good reason;
• Ridiculing someone.
• Isolation or non-cooperation at work.
• Excluding someone from social activities.
4.2 Victimisation
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.
Provided that you act in good faith i.e. you genuinely believe that what you are saying is true, you have a right not to be victimised for making a complaint or doing anything in relation to a complaint of bullying or harassment and the Company will take appropriate action to deal with any alleged victimisation, which may include disciplinary action against anyone found to have victimised you.
Making a complaint that you know to be untrue, or giving evidence that you know to be untrue, may lead to disciplinary action being taken against you.
5. POLICY PROCEDURE
J A Stott (Carpentry) Ltd will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible. Investigation of allegations and future management of risk, if complaints are upheld, will normally require limited disclosure on a “need to know” basis, e.g. some details may have to be given to potential witnesses but the importance of confidentiality will be emphasised to them.
All bullying and harassment is misconduct (and will often be gross misconduct) which will be dealt with under the Company’s Disciplinary Policy and may lead to disciplinary action up to dismissal without notice.
Please inform your Manager if you become aware of any conduct or state of affairs that does not affect you personally but which is in breach of this Policy.
If you believe you are being subjected to any aspect of bullying, harassment or victimisation, either informally or formally, please do not hesitate to address your concern or raise a complaint within the framework outlined in the Company’s Grievance Policy.
If a formal complaint is received under the Company’s Grievance Policy, your complaint will be investigated with the person against whom the complaint was made and if your complaint is upheld, disciplinary proceedings may commence within the framework outlined in the Company’s Disciplinary Policy.
The Directors of J A Stott (Carpentry) Ltd will monitor and review the operation of this policy on an annual basis to endeavour that it remains relevant and appropriate to the company and will make available the statement, organisation and arrangements sections of the policy in prominent positions in the offices and workplace for inspection by all employees and other interested parties.
Signed:
Name: John Kane
Position: Construction Director
Date: 22/01/20
January 2020
