Bullying and Harassment/Dignity at Work Policy
Bullying and Harassment/Dignity at Work Policy
Adopted by NOCTON PARISH COUNCIL 15/10/19
13/12/22 - Reviewed and approved (ref. Agenda Item 9)
16/01/24 - Reviewed and approved
09/06/26 - Reviewed and approved
Statement of Policy
1. Nocton Parish Council aims to foster teamwork and maintain positive relations in a supportive work environment. All Council members and associates are responsible for upholding respectful interactions and avoiding harmful actions or language. In line with Equality and Human Rights laws, everyone deserves consideration, fairness, dignity, and respect, ensuring a safe and productive workplace.
2. The Council’s policy applies to everyone working for or with the organization, including permanent and non-permanent staff, contractors, consultants, and temporary workers. It also covers conduct outside work hours that may affect job performance or workplace relationships.
3. The Council has a “zero tolerance” policy and will investigate vigorously any allegations of bullying or harassment, regardless of whether the matter has been raised formally or informally.
Key Principles
4. The Council will maintain a safe, respectful workplace where everyone is treated fairly. Harassment, intimidation, or victimisation based on personal characteristics such as gender, race, origin, sexual orientation, marital status, religion, age, union membership, disability, or background is not tolerated.
5. Everyone is responsible for their actions and for following this policy's principles. Individuals must also report any bullying or harassment they witness or become aware of. Councillors and employees have a responsibility to act as role models, pro-actively addressing instances of bullying and harassment. Any Councillor acting as a manager should also make themselves aware of their responsibility.
6. Harassment may be defined as any conduct which is:
unwanted by the recipient
is considered objectionable
causes humiliation, offence, distress or other detrimental effect.
7. Harassment may be an isolated occurrence or repetitive: it may occur against one or more individuals. Harassment may be, but is not limited to:
Physical contact – ranging from touching to serious assault, gestures, intimidation, aggressive behaviour.
Verbal – unwelcome remarks, suggestions and propositions, malicious gossip, jokes and banter, offensive language.* non-verbal – offensive literature or pictures, graffiti and computer imagery, isolation or non-co-operation and exclusion or isolation from social activities.
8. Bullying is unlikely to be a single or isolated instance. It is usually, but not exclusively repeated and persistent behaviour, which is offensive, abusive, intimidating, malicious or insulting. Bullying includes but is not limited to:
conduct which is intimidating, physically abusive or threatening
conduct that denigrates, ridicules or humiliates an individual, especially in front of colleagues
humiliating an individual in front of colleagues
picking on one person when there is a common problem
shouting at an individual to get things done
consistently undermining someone and their ability to do the job
setting unrealistic targets or excessive workloads
“cyber bullying” i.e. bullying via e-mail. (This should be borne in mind where employees are working remotely and are managed by e-mail. Care and sensitivity should be practised with regard to the choice of context and language).
setting an individual up to fail e.g. by giving inadequate instructions or unreasonable deadlines
Harassment and bullying are defined by any unwanted behaviour toward a person, with the impact on the recipient determining whether it has occurred, regardless of intent.
9. Anyone wishing to report harassment or bullying should first speak informally with the Chair, unless the complaint involves the Chair, in which case they should contact the Vice-chair. If the issue is not resolved or informal discussion is unsuitable, a formal resolution is recommended.
10. If the Chair receives a complaint of harassment or bullying, whether informal or formal, swift investigation is required. Appropriate corrective action may involve an investigation under the Council’s Disciplinary Policy.
11. If relocation is necessary in a harassment or bullying case, the Council will usually move the alleged perpetrator rather than the complainant. The final decision depends on the specific circumstances. Moving either party does not indicate guilt or cause any disadvantage to them.
12. Investigations into harassment or bullying complaints are confidential, and breaches may lead to disciplinary action. Alleged perpetrators will be informed of the charges, including the names of accusers and witnesses.
13. No one will face retaliation or harm for reporting harassment or bullying, nor should anyone threaten to use a complaint against the individual. Such actions are considered serious disciplinary offenses. The Chair must address all complaints; failing to do so is misconduct and may lead to disciplinary measures.
14. Every report of harassment or bullying, whether submitted formally or informally, must be communicated by the recipient to the Chair for documentation in accordance with Equality and Human Rights legislation. The legislation mandates that such records are accurately maintained, and that instances of bullying and harassment are regularly monitored.
15. This policy and procedure will be reviewed periodically giving due consideration to legislative changes.
APPENDIX 1. PROCEDURE
1. Informal Resolution
1.1 People may be unaware their behaviour is unwelcome or misunderstood; informal discussion can clarify this and resolve the issue.
1.2 Complainants are encouraged, if able, to address the issue informally by telling the alleged harasser their actions are unwelcome and must stop. This can be done verbally or in writing; complainants should keep a record of any documentation and
note times and dates of incidents where possible.
1.3 If the complainant cannot approach the alleged harasser directly, they may ask a work colleague, Trade Union representative, or another authorised person (excluding solicitors or legally qualified individuals) to do so on their behalf. The action should be documented and reported to the Chair.
1.4 An individual who is made aware that their behaviour is unacceptable should:
Listen to complaints and concerns.
Respect others’ viewpoints; everyone deserves a harassment-free workplace.
Recognize that their perception of behaviour matters.
Identify and agree on behaviours to change.
Review overall conduct at work and with colleagues.
2. Formal Resolution
2.1 If harassment persists, or if the complainant cannot resolve it informally due to seriousness or discomfort, a formal complaint should be submitted to the Chair.
2.2 When dealing with a complaint of harassment under the Formal Resolution Procedure, the Chair should:
Record written details of incidents from the complainant and their representative, if applicable.
Gather complete information from witnesses or complainants who observed the alleged behaviour.
Notify the alleged harasser of the complaint, suggest they seek representation, and invite them to a meeting to respond to the allegations.
Keep all parties informed of expected timescales.
Inform all parties in writing of the outcome and any action that may be required.
2.3 If appropriate, the alleged harasser may be suspended or temporarily transferred to other duties during the investigation, following disciplinary procedures.
2.4 Should there be a case to answer against the alleged harasser, the Chair or Councillor who has dealt with the complaint will communicate this to an impartial Councillor who will conduct a separate disciplinary investigation. The normal disciplinary procedure for misconduct/gross misconduct should then be followed. However, the following points should be taken into account:
The complainant will normally be required to attend the disciplinary hearing as a witness, unless there are exceptional circumstances which prevent them
from doing so.
If the complainant is required to attend, they are entitled to be accompanied by either a friend or relative and have any questions directed through that person.
2.5 If a disciplinary complaint is upheld, several outcomes are possible for the harasser based on the evidence and situation. These may include, but are not limited to:
Dismissal.
A formal warning.
A recommendation of redeployment of the harasser, either on a temporary or a permanent basis. This will not be on any less favourable terms and conditions of employment.
Implementation of other sanctions as detailed in the Council’s Disciplinary Policy.
Making arrangements for both parties to work as separately as possible within the same workplace.
2.6 In addition to the above, the harasser may be required to attend any training courses as deemed necessary by the Council.
2.7 All allegations require a thorough, objective investigation. If evidence shows an allegation was made thoughtlessly, maliciously, or for personal gain, the complainant will face disciplinary proceedings under the Council’s Disciplinary Policy.
3. Appeals
3.1 Appeals against decisions taken under the Bullying and Harassment at Work Policy and Procedure shall be dealt with as follows:
Appeals against a disciplinary sanction will be dealt with in accordance with the appeals process in the Disciplinary Procedure.
Appeals by a complainant about the outcome of any inquiry will be dealt with in accordance with the appeal process in the Grievance Policy.
4. Records
4.1 Where the complaint is informal and resolved at this stage, no record will be kept on personal files.
4.2 Following formal investigation, where the complaint is not substantiated, no records will be retained.
4.3 Where a complaint is substantiated or partially substantiated but does not proceed to disciplinary, a letter confirming the outcome will be retained on the personal file and supporting documentation retained in a separate file for a period of twelve months.
4.4 Where the matter proceeds to a disciplinary hearing then the storage of records should be in accordance with the disciplinary procedure.