1. Introduction
1.1. We value people as individuals, and we expect employees to treat each other and customers with respect, consideration and sensitivity. We are committed to creating and providing a working environment free from harassment, bullying and victimisation, where everyone is treated with dignity and respect. Every employee has a contractual duty, in any dealings with customers and colleagues, to have due regard to the needs and feelings of the person or persons concerned. This includes matters related to sex, race, disability, age, sexual orientation, religion or belief, gender reassignment, marriage and civil partnership and pregnancy and maternity.
1.2. Employees can be subject to fear, stress and anxiety, which can put great strain on personal and family life. Likewise, bullying, harassment and victimisation can have serious consequences for individuals. Harassment or bullying can make people unhappy, may cause them stress and affect their health and family and social relationships. It can create an unsettled work environment, poor morale and poor employee relations, leading to poor performance, absenteeism and resignations. We seek to develop a culture in which all forms of bullying, harassment and victimisation are known to be unacceptable, and where individuals with genuinely held concerns feel confident to raise such issues.
1.3. We do not tolerate bullying or harassment of any kind. Managers and employees at every level are responsible for challenging this behaviour. Where complaints are made, managers are expected to deal with them fairly, confidentially and sensitively. Employees who witness instances of bullying or harassment should report the behaviour immediately to their line manager or HR. All allegations of bullying, harassment and victimisation will be investigated, and if appropriate, disciplinary action will be taken. In serious cases this could constitute gross misconduct and lead to dismissal without notice.
2. Policy Statement
2.1. This policy covers bullying or harassment which occurs at work and out of the workplace, such as on business trips or at work-related events or social functions. It covers bullying, harassment and victimisation by employees (which may include consultants, contractors and agency workers) and also by third parties such as residents, customers, suppliers or visitors to our premises. The purpose of this policy is to set out the framework for line managers to deal with any harassment, bullying or victimisation that occurs by employees (which may include consultants, contractors and agency workers) and also by third parties such as residents, customers, suppliers or visitors.
2.2. Harassment, bullying or victimisation of any employee, or anyone they come into contact with during the course of their work, can be unlawful and will not be tolerated. We will take active steps to help prevent the harassment, bullying and victimisation of all employees. Anyone who is a victim of, or witness to, harassment, bullying or victimisation is encouraged to report it in accordance with this policy, or under our separate sexual harassment policy where it relates to conduct of a sexual nature. This will enable us to take appropriate action and provide support. Harassment, bullying and victimisation can result in legal liability for both the business and the perpetrator, whether they work for us, or are a third-party outside of our control. Harassment, bullying and victimisation may result in disciplinary action up to and including dismissal.
2.3. Unlawful harassment that involves conduct of a sexual nature will be dealt with under our separate sexual harassment policy.
2.4. This policy does not form part of any contract of employment nor contract to provide services, and we may amend it at any time.
3. Bullying
3.1. Bullying is offensive, abusive, intimidating, malicious or insulting behaviour involving a misuse of power which can make a person feel vulnerable, undermined, humiliated, denigrated, upset, threatened or injure the person on the receiving end. Bullying may be carried out by a person in authority, a colleague or subordinate, or by a group of people. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.
3.2. Bullying can take the form of physical, verbal and non-verbal conduct. It may include, by way of example:
a) Physical or psychological threats;
b) Overbearing and intimidating levels of supervision; and
c) Inappropriate derogatory remarks about someone’s performance.
3.3. Legitimate, reasonable and constructive criticism of a worker’s performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.
4. Harassment
4.1. Harassment is any unwanted physical, verbal, non-verbal conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. A single incident can amount to harassment.
4.2. It also includes treating someone less favourably because they have submitted or refused to submit to such unwanted behaviour in the past, including but not limited to refusing to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex, in the past.
4.3. Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Unlawful harassment that involves conduct of a sexual nature is dealt with in our separate sexual harassment policy. Harassment is unacceptable even if it does not fall within any of these categories.
4.4. Harassment may include, for example:
a) Unwanted physical conduct or “horseplay”, including touching, pinching, pushing and grabbing;
b) Continued suggestions for social activity after it has been made clear that such suggestions are unwelcome;
c) Sending or displaying material that is pornographic or that some people may find offensive (including e-mails, text messages, video clips and images sent by mobile phone or posted on the internet);
d) Unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless);
e) Racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group, religion or belief, or gender;
f) Disclosing or threatening to disclose someone’s sexual orientation or gender identify against their wishes;
g) Offensive e-mails, text messages or social media content; or
h) Mocking, mimicking or belittling a person’s disability.
4.5. A person may be harassed even if they were not the intended “target”. For example, a person may be harassed by racist jokes about a different ethnic group if the jokes create an offensive environment.
4.6. Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a “joke” may offend another person.
4.7. Bullying and/or harassment may take many forms: it can range from extreme forms such as violence and abuse, to less obvious actions such as persistently ignoring someone at work. It may even be unintentional. Any form of unintentional discrimination may constitute harassment and particularly if the behaviour would be regarded as offensive and unacceptable by most people.
4.8. The following are examples of what may constitute unacceptable behaviour. The list below is not exhaustive:
a) Unwelcome sexual advances ranging from inappropriate touching, and standing too close, to actual assault;
b) Verbal, written or visual intimidation – such as threats, shouting and swearing at the victim, jokes or insults to humiliate them in front of others or behind the victim’s back, spreading malicious rumours, offensive graffiti, pin-ups, pornographic materials, obscene gestures;
c) Personal intrusion by pestering, spying, following employees outside working hours;
d) Isolation or non-cooperation at work, exclusion from social activities;
e) Withholding information necessary to perform a job; unfair allocation of work; setting unrealistic deadlines; taking credit for the victim’s work; or deriding the victim’s work to supervisors in order to undermine the victim’s position;
f) Deliberately undermining a competent worker by overloading and constant criticism;
g) Making threats about job security without foundation;
h) Preventing individuals progressing by intentionally blocking promotion or training opportunities;
i) Employees may be bullied or harassed by colleagues as well as by managers and supervisors; and also by customers, clients, or suppliers. It is also possible for managers and supervisors to be bullied or harassed by their own employees; and
j) False allegations of misconduct or harassment.
4.9 Victimisation includes subjecting a person to a detriment because they have done, or are suspected of doing or intending to do, any of the following protected acts:
a) Bringing proceedings under the Equality Act 2010;
b) Giving evidence or information in connection with proceedings under the Equality Act 2010;
c) Doing any other thing for the purposes of or in connection with the Equality Act 2010; or
d) Alleging that a person has contravened the Equality Act 2010.
4.10. Victimisation may include, for example:
a) Denying someone an opportunity because it is suspected that they intend to make a complaint about harassment;
b) Excluding someone because they have raised a grievance about harassment;
c) Failing to promote someone because they accompanied another employee to a grievance meeting; or
d) Dismissing someone because they gave evidence on behalf of another employee at an employment tribunal hearing.
4.11. Harassment and victimisation are unlawful and will not be tolerated. They may lead to disciplinary action up to and including dismissal if they are committed:
a) In a work situation;
b) During any situation related to work, such as at a social event with colleagues;
c) Against a colleague or other person connected to us outside of a work situation, including on social media; or
d) Against anyone outside of a work situation where the incident is relevant to your suitability to carry out your role.
4.12. We will take into account any aggravating factors, such as abuse of power over a more junior colleague, when deciding the appropriate disciplinary action to take.
4.13. If any harassment or victimisation of employees occurs, we will take steps to remedy any complaints and to prevent it happening again. Action may include updating relevant policies, providing further e training and taking disciplinary action against the perpetrator.
5. Third Party Harassment
5.1. Third party harassment occurs where a person is harassed by someone who does not work for, and who is not an agent of, the same employer, but with whom they have come into contact during the course of their employment. Third-party harassment could include, for example, derogatory comments about a person’s age, disability, pregnancy, colour, religion or belief, sex or sexual orientation from a client, customer or supplier visiting the employer’s premises, or where a person is visiting a resident, client, customer or supplier’s premises or other location in the course of their employment.
5.2. Third-party harassment can result in legal liability and will not be tolerated. Although an employee cannot bring a claim for third-party harassment alone, it can still result in legal liability for an employer when raised in other types of claims. All employees are encouraged to report any third-party harassment they are a victim of, or witness, in accordance with this policy.
5.3. Any harassment by an employee against a third-party may lead to disciplinary action up to and including dismissal.
5.4. We will take active steps to prevent third-party harassment of employees. [Action may include warning notices to residents, customers or recorded messages at the beginning of telephone calls.]
5.5. If any third-party harassment of employees occurs, we will take steps to remedy any complaints and to prevent it happening again. [Action may include warning the harasser about their behaviour, banning them from our premises, resident’s premises, reporting any criminal acts to the police, and sharing information with other branches of the business].
6. If you witness harassment or victimisation
6.1. Employees who witness harassment or victimisation are encouraged to take appropriate steps to address it. Depending on the circumstances, this could include:
a) Intervening where you feel able to do so.
b) Supporting the victim to report it or reporting it on their behalf.
c) Reporting the incident where you feel there may be a continuing risk if you do not report it.
d) Cooperating in any investigation into the incident.
6.2. All witnesses will be provided with appropriate support and will be protected from victimisation.
7. How to Manage Bullying, Harassment and Victimisation
7.1. We recognise that employees subject to bullying or harassment may feel very vulnerable and reluctant to complain. They may also be unsure how to make a complaint, or be concerned that it may be trivialised. We also recognise that the alleged bullying or harassment may be a misperception by the victim, who may have taken offense unnecessarily. There may also sometimes be a fine line between behaviour that would not normally be regarded as offensive and behaviour that is likely to offend.
7.2. In the light of these sensitivities, employees are advised to raise the issue of bullying or harassment informally in the first instance, if comfortable to do so.
7.3. Informal Procedure
7.3.1. We encourage all employees to try and resolve some situations on an informal basis at first. The other individual 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.
7.3.2. If you are being bullied or harassed, keep a written record of what has happened, where and when it happened, how you felt at the time and, if applicable, who witnessed it.
7.3.3. You should then consider taking the following steps if you feel you are able to:
a) Invite the alleged offender to an appropriate and private place to talk;
b) Make it clear that the discussion is to be treated in strict confidence on both sides;
c) Describe the behaviour and explain, calmly and politely, why the behaviour offends you, that it is not welcome, and that you would like it to stop; and
d) Seek an agreement from the alleged offender that the behaviour will stop.
7.3.4. If you feel unable to approach the alleged offender in person, consider writing to them stating:
a) Your perception of the behaviour and how it made you feel;
b) When and where it occurred;
c) Why you object to it;
d) That you want it to stop; and
e) How you expect to be treated in future.
Keep a copy of the letter.
7.3.5. If you are not certain whether an incident or series of incidents amounts to bullying or harassment, or do not feel that you can approach the individual, then you should speak with your line manager or the HR Team who can provide confidential advice and assistance in resolving the issue formally or informally. If you feel unable to speak to your line manager because the complaint concerns them, you should speak informally to the HR Team.
7.3.6. If the informal procedure is not appropriate or has been unsuccessful, you should follow the formal procedure.
7.4. Raising the Matter Formally
7.4.1. If an informal approach does not resolve the matter, or you think the situation is too serious to be dealt with informally, you can make a formal complaint about bullying, harassment or victimisation by submitting it in writing to your line manager or the HR Team. If the matter concerns your line manager, you should submit it to the HR Team.
7.4.2. Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.
7.4.3. You will be asked to attend a meeting to discuss your complaint. A member of the HR Team will be present. The meeting will normally take place within seven working days of reporting your complaint and you are entitled to be accompanied by a Fairhive colleague (who may be an ECC representative) or a trade union representative, who must respect the confidentiality of the investigation. The purpose of this meeting will be to:
a) Clarify the nature of the complaint (hence the importance of keeping a written record);
b) Decide what investigative action is needed;
c) Agree on the nature and scope of the investigation; and
d) Consider what interim action should be taken to minimise contact between the two parties if requested by the complainant and/or if considered necessary by the manager. In extreme cases this may include the suspension of the alleged offender pending disciplinary proceedings.
7.4.4. As a general principle, the decision whether to progress a complaint is up to you. However, we have a duty to protect all employees and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.
7.5. The Investigation
7.5.1. The purpose of the investigation is to establish what happened and whether it constitutes bullying, harassment or victimisation. If it does then the seriousness of the case will be evaluated and appropriate action recommended.
7.5.2. We will investigate complaints in a timely, respectful and confidential manner. Individuals not involved in the complaint or investigation should not be told about it.
7.5.3. The investigating panel will normally consist of a manager from another team (as the investigating officer) and at least one other officer (normally an HR representative).
7.5.4. Where your complaint is about an employee, we may consider suspending them on full pay or making other temporary changes to working arrangements pending the outcome of the investigation, if circumstances require. We will also consider what additional action may be appropriate to protect you and other employees pending the outcome of the investigation. The alleged offender will be interviewed separately, as will all witnesses to the behaviour in question. The alleged offender will be given the opportunity to be accompanied by a Fairhive colleague (who may be an ECC representative) or a trade union representative. They have the right to be told the details of the allegations against them, so that they can respond.
7.5.5. The complainant may be interviewed again, and will again have the right to be accompanied by a Fairhive colleague (who may be an ECC representative) or a trade union representative.
7.5.6. Where your complaint is about someone other than an employee, such as a customer, resident, supplier or visitor, we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate, we will attempt to discuss the matter with the third party.
7.5.7. It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. If so, the importance of confidentiality will be emphasised to them.
7.5.8. During the course of the investigation, further consideration will be given to any measures that may be needed to relieve stress on both parties, e.g. compassionate leave, temporary transfer, working at home and the possibility of counselling may be considered.
7.5.9. Notes should be taken of each interview which should be passed on to the interviewee for confirmation of their accuracy. Additionally the investigating officer should keep a diary of events, together with any evidence, e.g. correspondence, that has been collected.
7.6. The Outcome and Action Following the Investigation
7.6.1. The outcome of the investigation will normally be notified in writing, in strict confidence, to both the complainant and alleged offender within seven working days of the completion of the investigation.
7.6.2. Examples of possible outcomes of investigation are shown below, but are not exhaustive:
a) If the investigating panel is satisfied that bullying, harassment has taken place and is sufficiently serious to be an offence warranting formal disciplinary action, it may recommend that the perpetrator (if an employee) is dealt with as a possible case of misconduct or gross misconduct under our Disciplinary Policy. Our investigation into the complaint may be put on hold pending the outcome of the Disciplinary Policy. Where the disciplinary outcome is that harassment or bullying occurred, prompt action will be taken to address it. We will also consider what additional measures need to be taken to prevent future harassment or bullying of employees. If the harasser or bully is a third party, such as a customer or other visitor, we will consider what action would be appropriate to deal with the problem and prevent reoccurrence;
b) If there is doubt as to whether there has been bullying, harassment or victimisation, the investigating panel may still wish to remind the alleged offender of the required standards of behaviour and consequences of contravention. The panel may also consider recommending training, mediation or counselling, or change the duties, working location or reporting lines for either or both/all parties involved;
c) If the investigating panel decides that any employee deliberately provide false or malicious allegations, or otherwise acts in bad faith as part of the investigation, it may recommend that the complainant (if an employee) is dealt with under our Disciplinary Policy; and
d) If the panel concludes there is sufficient evidence that a criminal act has taken place, it may recommend to the Chief Executive that the police are informed.
7.7. Appeals
7.7.1. If you are not satisfied with the outcome you may appeal in writing to your line manager or the HR Team, stating your full grounds of appeal, within 7 days of receiving the decision letter. .
7.7.2. We will hold an appeal meeting, normally within 28 working days of receiving your written appeal. Where practicable, the appeal hearing will be conducted by a manager who has not been previously involved in the case and is senior to the individual who conducted the previous meeting. They may ask anyone previously involved to be present. You are entitled to be accompanied to the appeal hearing by a Fairhive colleague (who may be an ECC representative) or a trade union representative, who must respect the confidentiality of the process. You shall be given 5 working days’ notice in writing of the date, time and place of the Appeal Hearing. At least three working days prior to the Appeal Hearing, you must supply copies of any documents which you intend to produce or reference at the Hearing.
The final decision will be confirmed in writing, usually within seven working days of the appeal hearing. This is the end of the procedure and there is no further appeal.
7.8. Protection and Support for Those Involved
7.8.1. Employees who raise complaints, report that they have witnessed wrongdoing, or who participate in good faith in any investigation, must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under our Disciplinary Policy (if they are an employee).
7.8.2. If you believe you have suffered any such retaliation or victimisation you should inform your line manager or the HR Team. If the matter is not remedied you should raise it formally using the Grievance Policy (if you are an employee) or this policy if appropriate.
7.8.3. We will monitor the treatment and outcomes of any complaints of harassment or victimisation we receive to ensure that they are properly investigated and resolved, those who report or act as witnesses are not victimised, repeat offenders are dealt with appropriately, cultural clashes are identified and resolved and workforce training is targeted where needed.
7.8.4. We offer access to confidential counselling, which is available on request for anyone affected by, or accused of, sexual harassment. This is available 24 hours per day, 7 days a week. The helpline number is 0800 243 458 and the email address is assistance@workplaceoptions.com.
7.8.5. Support and guidance can be obtained from the following internal services:
Fairhive Mental Health first aiders
ECC representatives
7.8.6. Support and guidance can also be obtained from the following external services:
a) The Equality Advisory and Support Service (www.equalityadvisoryservice.com).
b) Protect (www.protect-advice.org.uk).
c) Victim support (www.victimsupport.org.uk).
7.9. Confidentiality and Record-Keeping
7.9.1. We will treat complaints of bullying, harassment and victimisation sensitively and maintain confidentiality to the maximum extent possible. Confidentiality is an important part of the procedures provided under this policy. Details of the investigation, the allegations, names of the person making the complaint, and the person accused must only be disclosed on a “need to know” basis. Breach of confidentiality by any employee (including any companion) may give rise to disciplinary action under our Disciplinary Policy.
7.9.2. Where appropriate and possible, where a complaint is upheld, we will advise the complainant of the action that has been taken to address their specific complaint and any measures put in place to prevent a similar event happening again.
Information about a complaint by or about an employee may be placed on the employee’s personal file, along with a record of the outcome and any notes or other documents compiled during the process. These will be proceeded in accordance with Fairhive’s Data Retention Policy.
8. Monitoring
The HR Team is responsible for monitoring this policy and to provide regular reports to the Assistant Director of People and by exception to the Executive Leadership Team. This policy will be reviewed at least every three years to ensure that it remains relevant to the business and fit for purpose.
9. Impacts
Resident/Employee Implications —
This policy applies to all employees, consultants, self-employed contractors, agency workers and anyone completing work experience by ensuring a pleasant and safe working environment.
Equality, Diversity & Inclusion —
This policy is applied to all employees, consultants, self-employed contractors, agency workers and anyone completing work experience in a fair and consistent manner, and conforms to the requirements of the Equality Act 2010. Our obligations and your duties also extend to job applicants and former employees. It covers all areas of the organisation. This policy will help to prevent and manage any forms of discriminatory behaviour.
Value for Money —
Policies that provide for effective behaviour management reduce time spent both by managers and HR in addressing employee relations issues or employee related legal matters.
Data Protection —
All HR data is stored in line with Fairhive's Data Retention Policy.
Accountability —
There is a risk of an unpleasant working environment for employees, all employees, consultants, self-employed contractors, agency workers and anyone completing work experience all employees, consultants, self-employed contractors, agency workers and anyone completing work experience if unacceptable behaviour is not managed as per this policy, or if employees feel unable to safely raise concerns.
Quality —
N/A
When things go wrong —
N/A
10. Related legislation and other documents:
Disciplinary Policy
Grievance Policy
Equality and Diversity Policy
| Author | Lauren Bright |
| Job title | HR Business Partner |
| Date approved | May 2023, amendments February 2025 |
| Review due date | May 2026 |
