1. Purpose
An agreement with the NUJ to promote and clarify
the Organisation/Company's desire to ensure an environment
in which there is no bullying and harassment at work.
2. Scope
All established and temporary employees, all job
applicants, agency staff, contractors and consultants.
3. Policy Statement
Bullying and harassment is harmful to employees,
employers and customers alike. It can subject individuals
to fear, stress and anxiety, illness, accidents, lead
to serious health problems and cause resignations,
dismissals and litigation. It can therefore impact
badly on safety, organisational effectiveness and
business success.
Those who are harassed, victimised or bullied often
feel vulnerable and may be reluctant to complain.
We recommend anyone believing they are in this category
should keep a diary and alert a colleague, management
or union representative to their concerns. This policy
prohibits all forms of bullying and harassment, whether
amounting to unlawful, racial, religious or sexual
discrimination or not and intends that issues should
be resolved quickly and informally where possible.
It should be noted that bullying and harassment will
be deemed as gross misconduct.
4. Definitions of Unacceptable
Behaviour
The following behaviours as defined below are unacceptable
and will not be tolerated:
Harassment consists of any
unwanted conduct, affecting the dignity of people
at work. It includes unwelcome physical, verbal or
non-verbal conduct and can amount to unlawful discrimination.
It can involve a single incident or may be persistent
and may be directed towards one or more individuals.
Harassment may result from an individual's race creed,
colour, nationality, ethnic origin, religion, gender,
sex change, orientation, martial status, connection
with a national minority, membership or non-membership
of a trade union or disability.
Unwanted physical contact
such as unnecessary touching, insulting in abusive
behaviour or gestures, physical threats, assault,
coerced sexual contact or rape.
Unwanted verbal conduct such
as unwelcome advances, patronising titles or nicknames,
propositions or remarks, innuendo, lewd comments or
jokes or abusive language or repeated suggestions
for unwanted social activities inside or outside the
workplace.
Unwanted non-verbal contact
such as racially or sexually based graffiti referring
to an individuals characteristics or private life,
abusive or offensive gestures, leering whistling,
displaying of pornographic in suggestive literature
or other items, pictures or films/videos, inappropriate
use of visual display units (VDUs) or network systems,
or written harassment in the form of e-mails, letters
and memos for this purpose.
Bullying includes persistent
non-constructive criticism and personal abuse and/or
ridicule, whether in public or private, which humiliates
the individuals involved.
Unlawful vicitmisation consists
of treating an individual less favourably than others
are, or would be, treated in the same or similar circumstances;
because they are acting as a representative of the
workforce (union rep), have made a complaint or allegation
of discrimination; or have acted as a witness or informant
in connection with proceedings under any Discrimination
Legislation.
Other conduct which denigrates,
ridicules, intimidates or is physically abusive of
an individual or group.
These examples are not exhaustive. Much of this behaviour
may result in disciplinary action, may be considered
to be gross misconduct, punishable by summary dismissal
if sufficient evidence exists.
5. Procedure
Any individuals who believe they have been subject
to, or have witnessed harassment, victimisation or
bullying, have access to channels through which they
can raise complaints, including the Human Resource
Department or the NUJ chapel or national officials.
The nature of such activity may mean that the complainant
does not wish to discuss it initially with their immediate
line manager or supervisor. A Harassment Complaints
Procedure has therefore been established. All complaints
must be taken seriously and dealt with confidentially
and promptly. Cases should normally be concluded within
two or four weeks.
If a complaint is upheld, the resolution needs to
be immediate and aimed at preventing any repetition
of the behaviour or any associated behaviour.
Harassment Complaints Procedure
Individuals may choose to raise complaints either
formally or informally. If one approach does not work,
they may choose to adopt another approach or appeal;
5.1 Informal Action
Any individuals who feel they or others have been
harassed, victimised, bullied or treated in a way
that breaches this policy should, if they feel able
to do so, immediately tell the person/people responsible
that the behaviour is offensive, unwanted and that
they want it to stop.
Alternatively, they may prefer to put it in writing
to the perpetrator(s), keeping a dated copy of the
letter, or to ask a work colleague or trade union
representative to speak to the individuals(s) on their
behalf.
A note should be kept of the date(s) and what was
said by all involved. This may indeed, as evidence
should harassment, victimisation or bullying continue
or subsequently recur.
This is often sufficient to correct the situation,
particularly if the individual (s) involved was/were
unaware that the behaviour was causing offence.
Those who feel unable to follow this course of action,
or who continue to be subjected to behaviour which
is in breach of this policy, may choose to discuss
the matter with the Human Resources Manager or union
representative in confidence.
5.2 Formal Action
At any time, whether or not informal action has been
taken, those who feel that they or others have been
harassed, victimized, bullied or treated in a way
that breaches this policy can raise the matter directly
with their editorial manager, or the Human Resources
Manager, either verbally or in writing. If at any
time during this procedure, complainants attend a
meeting with their manager, they may be accompanied
by a work colleague or trade union representative.
A manager or supervisor who becomes aware of behaviour
which breaches this policy, weather or not a complaint
has been made, has a responsibility to take the matter
forward.
Such investigations must be independent and objective
with respect for the rights of both the complaints
and the alleged perpetrator(s) to be properly heard
and represented.
The matter will be dealt with as follows:
The appropriate manager will contact the HR Manager
to set up an investigation to establish weather there
is a need to take disciplinary action. The HR Manager
will consider offering specialist counselling support
to any of those involved.
The HR Manager will inform any complaints and the
alleged harasser of the outcome as soon as possible
following the conclusion of the investigation.
If, following the investigation, the manager decides
that there is a case to answer, he/she must immediately
invoke the Disciplinary Policy. The manager must inform
any complainants of the outcome as soon as possible
following disciplinary action. The rights of the alleged
perpetrators will be in accordance with the Disciplinary
Procedure.
5.3 Appeal
If the complainants consider that the manager's handling
of the matter has been inappropriate they may appeal,
in writing, to the Human Resources Director within
7 calendar days of being informed by the manager of
the outcome of the investigation. This appeal will
be heard by at least 2 senior managers of the company.
Complainants will be entitled to be accompanied to
such an appeal by a trade union representative or
work colleague.
5.4 Confidentiality
All complaints and associated correspond interviews
must be treated in strict confidence. Breaches in
confidentiality will result in disciplinary action
being taken.
6 Responsibility
Individual managers are responsible for ensuring
that this policy is applied within their own area.
Any queries on the application or interpretation of
this policy must be discussed with the Human Resources
department prior to any action being taken.
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