Anti-Bullying and Harrassment Policy

"Bullying" and  “Harassment” consists of any unwanted conduct that violates an individual’s dignity or constitutes victimisation, or which creates an uncomfortable environment.

Purpose

“Harassment” consists of any unwanted conduct that violates an individual’s dignity or constitutes victimisation, or which creates an intimidating, bullying, abusive, hostile, degrading, humiliating, offensive or otherwise uncomfortable environment. This includes harassment related to the protected characteristics of sex, race, national origin, ethnic origin, age, disability, sexual orientation, gender reassignment, religion or belief. It can involve a single incident or may be persistent and may be directed towards one or more individuals.

ANLP International CIC (ANLP) does not tolerate acts of harassment committed by their staff, contractors and/or associated personnel or by third parties against its staff, contractors and/or associated personnel. Please note that harassment can be a criminal offence, punishable by fines and even imprisonment. Harassment is unacceptable both in the workplace and in any work-related setting outside of the workplace such as business trips or business-related social events.

If you have been subject to, or have witnessed, any acts of harassment, you may use this procedure to make a complaint as an alternative to that described in the Complaints Procedure.

Scope

This policy applies equally to ANLP staff, their contractors and/or associated personnel.

Unacceptable Behaviour

Harassment, bullying and/or victimisation may constitute gross misconduct. Sanctions may include immediate termination of employment or contract and referral to the relevant authorities.

Please note that victimisation of or retaliation upon anyone who makes a complaint in good faith or against anyone who assists in the investigation of alleged harassment is in itself a disciplinary offence and may lead to immediate termination of employment or contract and referral to the relevant authorities.   

Single or continual acts may constitute harassment. In general, conduct becomes harassment if it persists once it has become clear that the recipient regards it as offensive.

All complaints will be dealt with confidentially and promptly and you may seek support or advice from your line manager and/or Human Resources at any stage.

ANLP encourage prompt reporting of complaints or concerns regarding harassment because prompt reporting and intervention has proved to be the most effective method of resolving actual or perceived incidents of harassment.  Under normal circumstances, a complaint regarding the alleged incident must be made as soon as possible after the alleged incident taking place.

All individuals involved in any harassment complaint will be asked to maintain the confidentiality of the discussions which are held.

ANLP will treat all complaints of harassment seriously, however if it is established during any investigation that you have made a capricious, false or malicious accusation or your complaint is without foundation, then you yourself may be subject to action under ANLP’s Terms and Conditions and Code of Ethics and referral to the relevant authorities.

The following list is not exhaustive but is intended to provide a number of examples of unacceptable behaviour:

  • unwanted physical contact such as unnecessary touching or brushing against another employee’s body, patting, pinching, insulting or abusive behaviour or gestures, physical threats, assault, coerced sexual intercourse or rape;
  • unwanted verbal conduct such as unwelcome advances, patronising nicknames, propositions or remarks, innuendo, lewd comments, jokes, banter or abusive language, which refer to an individual or a group’s race, nationality, ethnic origin, age, language, religion or similar belief, political or other opinion, affiliation, gender, gender reassignment, sexual orientation, marital status or civil partnership, connections with a national minority, national or social origin, property, birth or other status, family connections, or disability, etc.
  • repeated suggestions for unwanted social activities;
  • unwanted non-verbal conduct such as graffiti referring to an individual’s characteristics or private life, abusive or offensive gestures, leering, whistling, display of pornographic or sexually suggestive literature, pictures, films, objects, or inappropriate use of network systems for this purpose;
  • bullying, including persistent inappropriate criticism and personal abuse and/or ridicule, either in public or private, which humiliates or demeans those involved;
  • unlawful victimisation such as treating an individual less favourably than others are, or would be treated in the same or similar circumstances, because they have made a complaint or allegation of discrimination or have acted as a witness in connection with proceedings under any anti-discrimination legislation
  • any other conduct that denigrates an individual or group.

Informal Action

If you are the subject of harassment you may deal with the matter informally and/or formally. If you have been subject to, or have witnessed, harassment, victimisation or bullying and if you feel able you should tell the person(s) responsible for the behaviour in question that it is offensive and that it must stop. You must explain what behaviour you find unacceptable, unwelcome or embarrassing.

Alternatively, you may prefer to put your complaint in writing to the person(s) responsible for the behaviour in question; or, to ask a work colleague to speak to the person(s) on your behalf. You must keep a note of all relevant details.  

This approach may be sufficient to correct a situation where those involved were unaware of causing offence. However, if an informal approach is unsuccessful or you continue to be subjected to the behaviour, you may prefer to raise the matter formally.

Formal Action

Statement of harassment

Whether or not informal action has been taken, if you have been subject to, or have witnessed, harassment you can raise the matter directly with the ANLP (by email – email address below). You must provide as much detail as possible of the alleged harassment. If required, you will be invited to a meeting to discuss the matter in more detail prior to any investigation taking place.

Depending on the circumstances, you may raise the matter directly with Human Resources or speak to your line manager who will inform Human Resources. Your complaint will be treated sensitively, seriously and confidentially.

Both the complainant and the alleged offender have the right to be accompanied by a friend or colleague or legal representative to any subsequent meeting.  Where any party chooses not to be accompanied this will be noted. Colleagues attending any meeting may ask questions of clarification and confer with you but may not answer questions on your behalf.  

Investigation

An investigating manager not previously involved in the case, will be assigned to collect details of the alleged harassment and to allow the alleged offender to give his/her side of the case. This may include meetings and gathering witness statements, where relevant. The investigating manager will draft a factual written report of the investigation. Where appropriate, the alleged offender may be transferred to another work area during the investigation procedure or suspended on full pay.

The alleged offender will be given the opportunity to see the written complaint against him/her, but only in exceptional circumstances will he/she be allowed to speak to you directly.

Meeting

You will be invited to attend a meeting conducted by an independent manager in order to discuss the matter. This shall take place as soon as is reasonably practicable. You should take all reasonable steps to attend the meeting. Human Resources will be present to ensure the steps described in this policy are followed and to take minutes.

The independent manager will confirm in writing to all parties involved, usually within 10 working days of the date of the meeting, that either:

  • harassment has occurred and the Discipline Policy procedures shall be invoked, or
  • no harassment has occurred.

You will be notified of your right to appeal against the decision.

If the complaint is well-founded, it may be necessary to separate the parties; to the extent this is possible.

Appeal

Where you consider, as complainant, that the matter has not been satisfactorily resolved, you may appeal by informing Human Resources (or equivalent person) of the grounds for your appeal in writing, within 5 working days of being notified of the independent manager’s decision.

An independent senior manager, not previously involved in the case, will consider the appeal. This shall take place as soon as is reasonably practicable at an appeal meeting to which all parties involved shall be invited. Senior Management will be present to ensure the steps described in this policy are followed and to take minutes.

The independent senior manager will confirm in writing to all parties involved, usually within 10 working days of the date of the appeal meeting, that either:

  • harassment has occurred and the Discipline Policy procedures shall be invoked, or
  • no harassment has occurred.

This decision is final and no further appeal within ANLP may be made.

Where harassment has been proved, ANLP will retain copies of all related documents for a period of three years for presentation to the police or other legal authorities when presented with a formal written and legally authorised request for disclosure.

Contact

If you wish to submit a written complaint, please do so via email.