Children and Young People’s Services

HARASSMENT AND BULLYING - POLICY AND PROCEDURE:

STAFF EMPLOYED IN SCHOOLS

This procedure has been agreed by the following professional associations/ trade unions representing Teachers, Headteachers: and Support Staff:

  • National Union of Teachers
  • National Association of Schoolmasters Union of Women Teachers
  • Association of Teachers and Lecturers
  • National Association of Headteachers
  • Association of School and College Leaders
  • Unison

January 2008

HARASSMENT AND BULLYING - POLICY AND PROCEDURE

1.INTRODUCTION

1.1The School in adopting the HR Handbook accepts the need to adopt a policy on Harassment and Bullying consistent with its policy on Equality & Diversity.

1.2This agreed policy and procedure to be followed in such cases.

1.3Harassment and Bullying are unacceptable forms of behaviour which will not be tolerated by the School or Shropshire Council. All allegations will be treated seriously and with sensitivity for both the victim and the perpetrator. They will be investigated promptly and a speedy resolution sought. Appropriate action, which may include disciplinary action, will be taken where an allegation of Harassment and Bullying has been upheld.

1.4This Harassment and Bullying Policy aims to explain behaviours which are unacceptable or inappropriate and also ensure that employees are aware that such behaviour could be associated with difference in treatment based on

  • racism
  • sexism
  • ageism
  • religion or beliefs
  • disability
  • sexual orientation

Examples of offensive behaviour can be found in paragraph3.2.2

1.5This policy follows the guidance of the Advisory, Conciliation and Arbitration Services (ACAS) on Harassment and Bullying at Work and guidance on statutory dismissal and grievance procedure.

1.6Harassment and Bullying are serious issues; the application of this Policy is designed to effectively address issues internally.

2.AIMS AND OBJECTIVES

2.1The aim of this policy is to prevent behaviour that could be construed as harassment or bullying in the workplace. Where this does occur, the implementation of this policy aims to ensure that appropriate, effective and timely action is taken to prevent any recurrence.

2.2The specific objectives of this policy are to:

  • ensure that all employees are aware of the types of behaviour which may constitute bullying or harassment
  • ensure that all employees understand that behaviour which could be considered to be bullying or harassing is unacceptable and that appropriate measures will be taken, this may include disciplinary action
  • promote a climate in which employees feel confident to make complaints of Harassment and Bullying without fear of victimisation. Complaints may also be raised through the Whistle blowing policy if a third party witnesses inappropriate behaviour
  • make sure that all allegations of bullying or harassment are dealt with quickly and positively
  • provide arrangements for complaints to be investigated in a way which recognises the sensitivity of the issues being raised
  • encourage professional behaviour and to enable employees to challenge and tackle Harassment and Bullying and to co-operate fully in any complaints procedure.

3.HARASSMENT : DEFINITION

Harassment may take a number of forms as set out below.

3.2What isHarassment and Bullying?

3.2.1 The definitions of Harassment and Bullying used in this policy are those specified in the ACAS Guide on Harassment and Bullying at Work.

Bullying can be characterised as

“offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient”.

Harassment, in general terms is

“unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex disability, religion, sexual orientation, nationality or any personal characteristic of the individual. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient”.

3.2.2 Further information on examples of unacceptable behaviour which may result in this procedure being applied, are outlined in the table overleaf.It is not possible to define ‘Offensive Behaviour’ as it is the effect the behaviour causes on the recipient that makes it ‘Offensive’. The following can only be used as a guide to assist Headteachers and staff to understand what may be offensive whether intentional or not. The ACAS code advises that we give examples of inappropriate behaviour, these have been gathered from cases which do not necessarily relate to Shropshire Schools but serve to illustrate the type of behaviour which is unacceptable. These examples are given so that employees can reflect on the kinds of behaviour which may lead to allegations under this policy, in order that they can adopt appropriate behaviour.

Sexual
Harassment / Unwelcome sexual advances, requests for sexual favours, or other conduct of a sexual nature, which result in the individual feeling threatened or compromised. This is not restricted to attempts to initiate sexual relations, it is harassing conduct based on the inappropriate, unacceptable or unwanted nature of the conduct. (This includes behaviour towards transgender employees or those perceived to be).
Non-verbal:
  • Gestures of a sexual nature
  • Staring/leering
  • Getting unnecessarily close, especially when linked to other unacceptable behaviours
  • Pin-ups
  • Offensive publications
  • Offensive letters/memos
  • Unsolicited/unwanted gifts
/ Verbal:
  • Suggestive explicit language
  • Unwanted propositions
  • Sexual/explicit jokes
  • Personal questions/comments
  • Innuendos, over familiarity
/ Physical:
  • Deliberate body contact
  • Indecent body contact
  • Groping/fondling
  • Unnecessary touching

Racial
Harassment / Derogatory remarks, racially explicit statements, graffiti, jokes, or any other action of a racist nature which is directed at any individual or groups from a different ethnic background which results in the individual(s) feeling threatened or compromised.
Non-verbal:
  • Offensive gestures or facial expressions
  • Offensive publications
  • Racist graffiti
  • Threatening behaviour
  • Ignoring wishes/feelings
  • Ostracisms/freezing out
It is recognised that there is a need for heightened response/awareness at times of critical national/world events. / Verbal:
  • Racial comments/abuse
  • Racist jokes/ridicule
  • Derogatory nicknames
  • Verbal threats
  • Use of inappropriate colonial terminology
  • Making fun of the wearing of cultural dress eg Kilt.
/ Physical:
  • Jostling
  • Assault

Disability
Harassment / Derogatory remarks, mimicking, invasive personal questions, staring, ostracising or patronising which is directed at any individual with a disability, or groups of disabled people, which results in the individual(s) feeling threatened or compromised..
Non-verbal:
  • Mimicking
  • Ignoring wishes/feelings
  • Ostracisms/freezing out
  • Excessive staring
/ Verbal:
  • Making fun of a disability
  • Mimicking speech impairment
  • Using inappropriate terms, eg cripple, spastic
  • Questions/comments of a personal nature
  • Belittling or patronising comments or nicknames
/ Physical:
  • Practical jokes

Harassment on the basis of Religious Beliefs / Behaviour which fails to acknowledge and respect the rights or needs of people with different beliefs or practices.
Non-verbal:
  • Mimicking
  • Drawing offensive symbols
/ Verbal:
  • Making fun of the wearing of a turban or sari
  • Criticism for taking religious holidays off
  • Making derogatory comments about religious beliefs, books or requirements for space to pray
/ Physical:
  • Assault
  • Removing religious objects

Harassment on the basis of Age / Ridiculing or demeaning behaviour focused towards people because of their age.
Non-verbal:
  • Exclusion from social functions/information
  • Mimicking
/ Verbal:
  • Making fun of age
  • Questioning ability due to age
/ Physical:
  • Assault
  • Removing religious objects

Harassment on the basis of Sexual Orientation / Behaviour which condemns or ridicules people because of their sexual orientation or perceived sexual orientation.
Non-verbal:
  • Offensive letters/memos
  • Gestures
  • Deliberately avoiding or excluding the person
/ Verbal:
  • Verbal abuse or threats
  • Making rude jokes or comments
  • Personal questions
/ Physical:
  • Deliberate body contact
  • Practical jokes

Bullying / More than a strong, firm or authoritarian management style; it is destructive rather than constructive, it is criticism of a person rather than their mistakes, it publicly humiliates rather than privately corrects and results in the individual feeling threatened or compromised. Bullying may be carried out by the manager, team member or other colleague and may result from a misuse of management power, or the misuse of any form of individual power, such as physical strength, personality or age, or collective power through strength of numbers. (See also paragraph 3.4 which explains the differences between management and bullying).
Non-verbal:
  • Ostracising/freezing out
  • Withholding essential information, resources, training
  • Setting impossible tasks
  • Changing priorities or objectives unreasonably
  • Unreasonable allocation of duties/work/responsibilities in relation to the person specification
  • Deliberate wrongful attribution of blame
/ Verbal:
  • Harassing, swearing, abuse
  • Nicknames, malicious gossip
  • Public reprimand/humiliation
  • Belittling/patronising comments
  • Persistent reminds of past failures
/ Physical:
  • Striking
  • Grabbing person
  • Pushing or jostling
  • Singling someone out for practical jokes especially when ……….to other inappropriate behaviour

Cyber-Bullying / A phenomenon of the digital age which refers to the sending or posting of harmful or cruel text or images using the Internet or other digital communication devices.It can involve one person or a group of people and aims to threaten, tease or embarrass.
Victimisation / Where a person is treated less favourably than another because he/she has brought proceedings, given evidence or information, rejected advances or complained about the behaviour of someone who has been harassing, discriminating against, bullying or in some other way intimidating them.
Singling Out / Singling out people because of their gender, race, disability, religious belief, age or sexual orientation can also constitute harassment even without any specific references to gender, race, etc. Specific non-verbal and verbal examples can be seen below under Bullying.

3.3 Headteachers and Line Managers are required to manage staff to achieve targets, work to standards, manage change, service development and improvements. This may on occasions raise issues regarding style of management. The table below provides guidance on what differentiates management.

3.4 It is important to distinguish between the effective management of performance and bullying/harassment. Managers are entitled to manage fairly and effectively. Examples of legitimate management action are:

Management / Harassment/Bullying
  • Making an employee aware of poor performance and providing support in making the necessary improvement.
  • Using supervision and appraisals to provide appropriate direction.
  • Providing the appropriate balance of positive and negative feedback to ensure a high standard of work whilst maintaining employee morale and well-being.
  • Fair use of the disciplinary and absence management procedures.
  • Supporting, encouraging and challenging to achieve outcomes.
  • Setting realistic deadlines related to the capabilities required by the person specification or the post.
  • Progress chasing/monitoring of work
  • Setting out standards and acceptable behaviour and work performance.
  • Using a clear, firm and measured communication style.
/
  • Constantly point out an employee’s mistakes without giving support to put them right.
  • Blocking an employee’s development by ignoring or refusing training requests for no justifiable reason.
  • Inappropriate comments made in public about an individual’s performance.
  • Persistent haranguing of an employee in public or private.
  • Scapegoating one person when there is a common problem.
  • Making unreasonable threats about redundancy/continued employment.
  • Deliberately withholding information or removing areas of responsibility without justification.
  • Undermining an employee’s self respect by condescending or threatening treatment that humiliates, intimidates or demeans

3.5It is recognised that an occasional raised voice or argument in itself may not constitute bullying.

3.6Actions taken with the genuine aim of helping employees to improve are to be encouraged. Actions which aim to damage or demean are not acceptable.

4.PROCEDURES FOR DEALING WITH HARASSMENT AND BULLYING

Relationship with other procedures

4.1Relationship to Grievance Policy

4.1.1 A complaint of Harassment and Bullying is a grievance. However, it is recognised that the potential impact on the individual subject to their behaviour, requires additional support and sensitive handling. The procedure therefore provides additional safeguards and support and provides Stage 1 route to attempt to resolve the issue and to stop the unacceptable behaviour of the alleged harasser/bully in the first instance. If the complainant wishes to use the Grievance Procedure this will be available to them.

4.2Relationship to Disciplinary Policy

4.2.1 Words or acts which seriously breach the Schools Equal Opportunity policy, including any form of unlawful discrimination, victimisation, bullying or harassment are considered to be potentially gross misconduct. Where an employee’s behaviour is considered to fall within that category it may be appropriate for the matter to be dealt with under the Disciplinary Procedure. Advice must be sought from the appropriate HR Officer whenever a complaint is raised.

4.3Relationship to Adult Protection and Child Protection Procedures

4.3.1 A complaint of Harassment of Bullying is also a form of abuse. In each case, consideration should be given to whether the alleged Harasser or Bully is working with vulnerable children or adults.

4.3.2 If they are, it will be the role of the Headteacher to identify whether a Child or Adult protection referral needs to be made. This should be done initially through a discussion with either the adult protection or Children Safeguards Manager.

4.4Stage 1 Informal Procedure - Raising a Complaint

4.4.1Employees are encouraged to use the informal procedure where appropriate before proceeding to make a formal complaint. Where, however, employees feel unable to speak to the harasser they may choose to use the formal procedure. The employee may have a friend, colleague or a trade union representative present at all stages of the procedure.

4.4.2The first point of access for an employee who is considering making a complaint under the policy will be to contact

their Headteacher (or where this is inappropriate because the complaint is against him/her):

the Chair of Governors;

In either case they are advised to contact their trade union representative.

4.4.3It should be noted that where the employee seeks the advice of one of these people, the matter remains at the informal stage. The discussion should be confidential and no further action taken without the consent of the employee concerned.

4.4.4Where such advice is requested a meeting will be granted within five working days of the request being made unless this is impossible due to sickness or other unavoidable absence. This timescale can be varied by agreement between the parties.In the meeting the Headteacher should:

listen to what the employee has to say

assist the employee, where necessary, in completing a Written Record of Bullying and/or Harassment (See Appendix 1), which will help to clarify what happened and when. (This form will be kept by the complainant for use should formal action be required).

outline the options under this policy

offer support in taking action at this stage

Seek to clarify with the employee the grounds on which they feel they have been harassed or bullied.

4.4.5The meeting with the Headteacher complies with the Statutory Grievance Procedure which requires a meeting with the employee for them to raise their concerns.

4.4.6The Headteacher should seek advice from a HR Officer before giving advice and inform the employee about the options they can take which are:

(a) to proceed with Stage 1 of this procedure.

(b) to use the Grievance Procedure if the employee wishes to use it or if this is perceived to be a more effective way of dealing with the issue i.e. the complaint does not transpire to be an allegation of bullying or harassment.
(c) in certain circumstances to proceed immediately to the formal section of the Harassment and Bullying Procedure, e.g. where other informal methods have already been tried, or the matter is so serious it requires investigation.

4.4.7Once such an approach has been made, the person approached will seek to resolve the problem. With the consent of both parties involved there may be subsequent consultation with other persons whom it is considered may be able to assist in resolving the difficulty informally.

4.4.8If it is appropriate to continue with Stage 1 of this policy, the headteacher will advise the complainant of the options available.

Option A - to speak directly to the alleged harasser/bully (either on their own or in the company of the headteacher or Trade Union representative, or colleague). and make it clear to that the behaviour is unacceptable, against the school policy and must stop.

Option B -ask the headteacher (or Chair of Governors if it is the headteacher who is the alleged harasser/bully) who will speak to the alleged harasser/bully advising them of the allegations.

Option C - ask their Trade Union representative or colleague to speak to the alleged harasser/bully.

Option D -take no action but keep a written record of events for future use. The copy should be placed on the personal record of the employee raising the complaint in a sealed envelope.

4.5Informally Raising the Issue with the Alleged Harasser/Bully

4.5.1 The discussion with the alleged harasser/bully should include, as appropriate

  • a description of the behaviour that causes the concern
  • a description of how the behaviour makes the complainant feel
  • that the complainant wants the behaviour to stop
  • how the complainant wishes to be treated in future
  • that the complainant has the right to take the matter to Stage 2 of the policy if the behaviour does not stop
  • an indication of the grounds on which the person feels discriminated against because they have been treated differently
  • their response and any explanation

4.5.2 The outcome of options A, B and C of Stage 1 are that a verbal agreement is reached between the complainant and the alleged harasser/bully on the standards of behaviour to be upheld in future.

4.6Recording the Outcome

4.6.1The Headteacher will ensure the Stage 1 Monitoring Form (Appendix 2) is completed and will be put in the personal file of the employee raising the complaint and will be retained for 3 years. This information will be used for monitoring and reviewing complaints of Harassment and Bullying and how they have been resolved and may be referred to in future investigations, if appropriate to do so.

4.6.2 Where the complainant or someone on their behalf has approached the alleged harasser/bully and the unacceptable behaviour stops then there is no need to take further action. However, the complainant should keep any notes they have made about incidents in case the behaviour recurs.

4.6.3 Where the complainant or someone on their behalf has approached the alleged harasser/bully and the unacceptable behaviour continues then the employee should raise this with theirHeadteacher to consider further action. Options will include: