Harassment and bullying
Workplace harassment has no definition in law but is generally described as "unwanted conduct which affects the dignity of adults at work; it encompasses unwelcome physical, verbal or non-verbal behaviour which denigrates or ridicules or is intimidatory".
The essential characteristic of harassment is that the action(s) is unwanted by the recipient.
We recognise that all employees have a right to work in an environment in which the dignity of individuals is respected and which is free from harassment and bullying. We are committed to eliminating intimidation of any form. This policy applies to all harassment and applies to all staff and volunteers.
Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination. Unwanted behaviour could be: spoken or written words or abuse.
Bullying is the intimidation or belittling of someone through the misuse of power or position which leaves the recipient feeling hurt, upset, vulnerable or helpless. It is often inextricably linked to the areas of harassment described above.
The following are examples of bullying:
Unjustified criticism of an individual’s personal or professional performance, shouting at an individual, criticising an individual in front of others.
Spreading malicious rumours or making malicious allegations.
Intimidation or ridicule of individuals with disabilities and/or learning difficulties.
Ignoring or excluding an individual from the team/group
The management team has an obligation to prevent harassment or bullying and to take immediate action once it has been identified, whether or not a complaint has been made. Allegations of harassment or bullying, received either informally or formally must be dealt with promptly and sensitively.
Parents and visitors have the right to report any harassment they see between staff.
Every employee and volunteer has a personal responsibility NOT to harass or bully other members of staff. Any employee or volunteer who becomes aware of harassment or bullying occurring should bring the matter to the attention of the management team.
Procedure for dealing with harassment
an employee or volunteer who feels that he/she is being subjected to harassment or bullying may attempt to resolve the matter informally in the first instance. In some cases it may be possible and sufficient for him/her to explain clearly to the person(s) engaged in the unwanted activities that the behaviour is unwelcome, that it offends or makes him/her uncomfortable.
if at the initial informal discussion stage the circumstances are too difficult or embarrassing to approach the harasser alone, the complainant may wish to be accompanied by a friend or colleague;
the complainant may wish to write a letter to the harasser (research has shown this to be very effective);
the complainant should keep a record of any incidents, detailing when, where, what occurred, and witnesses (if any);
in some cases victims of harassment or bullying may not be sufficiently confident to tell the harasser that his or her behaviour is unacceptable.
Our policy emphasises therefore that staff and volunteers are not required to approach the harasser in an attempt to resolve the problem informally, and are entitled to report the matter immediately if they so wish.
Where the steps outlined above are unsuccessful or inappropriate, the complainant should raise the matter informally and in confidence with a manager.
The manager will discuss the matter with the complainant and agree a course of action. The complainant may be accompanied by a representative or colleague at these meetings. The alleged harasser will also have the right to state their version of events to the owner or manager and to also be accompanied by a representative or colleague.
The complainant must be assured that he/she will not be discriminated against or victimised for raising the complaint. Confidentiality will be observed throughout and the need for any disclosure of the details of the case will be discussed and agreed.
At any stage of the process the complainant, nominated person dealing with the complaint or the accused may feel that they need the help of an independent person before deciding on the best course of action. The nominated person will endeavour to provide a network of trained persons who can give confidential advice and assistance, including:
advising on the nature of harassment;
offering guidance on resolving harassment problems, including acting as an independent broker
advising on the use of the Grievance Procedure.
This independent person could be our CDO or counsellor.
If the situation cannot be resolved informally then the complainant has the right to pursue his or her complaint formally via the Grievance Procedure.
Where the nominated person considers that there may be evidence of harassment, they may consider it appropriate to undertake a full investigation of the circumstances. In this case an individual external to the preschool will be commissioned to undertake this investigation. Best practice in relation to confidentiality will be maintained during this investigation; and both the complainant and alleged harasser will have the opportunity to have their say. The investigator will also interview and take statements from any appropriate witnesses to the alleged harassment.
Where there is evidence that harassment has occurred, prompt and corrective action will be taken, including disciplinary action where appropriate. Harassment is a serious offence which may result in summary dismissal.
March 24