Dignity & Respect at Work Policy - Annex A
Harassment
Harassment encompasses many different types of physical, verbal and non-verbal conduct. It can occur through a single explicit incident or may be sporadic or ongoing. The defining features are that the conduct:
- is unwanted and unwelcome;
- subjects a person or group to intimidation, humiliation, ridicule, offence or loss of privacy, or creates an environment which is hostile, intimidating or offensive to that person or group;
- is unwarranted by the working, study or social relationship between those involved and would be regarded as such by any similarly situated reasonable person.
Harassment which is related to a person’s sex, pregnancy, gender identity, race, colour, ethnicity, national origin, disability, sexual orientation, religion or belief, or age, can constitute unlawful discrimination for which staff can be held personally liable. Harassment on the basis of status, contractual relationship or length of service is also unacceptable.
Examples of harassment
- Violence or threat of violence;
- unwanted physical contact, sexual advances or innuendo;
- verbal abuse, including threats, derogatory name calling, insults, ridicule or belittling of an individual;
- using humour to put another person or group of people down, for example, telling jokes that are sexist, racist or about an individual’s sexual orientation;;
- spreading malicious lies or making insulting comments;
- display or circulation of abusive or offensive materials, for example by email or on the internet, or on a whiteboard;
- sending offensive text messages;
- ostracism or exclusion from normal conversation in the work or study environment, or from social events;
- intrusion by pestering, spying or stalking;
- coercion, such as pressure to subscribe to a particular political or religious belief.
Bullying
Bullying is abuse of personal power or a position of authority, either in aggressive or more subtle ways, which makes the recipient feel upset, threatened, humiliated or vulnerable and undermines their self-confidence
Bullying behaviour can occur in many different types of relationship. It is possible, for example, for a junior colleague to bully a person in a senior role, for a student to bully a member of staff, or a woman to bully a man.
Legitimate, constructive and fair criticism of staff or student performance or conduct will not be considered to be bullying or harassment provided that those involved are treated with dignity, courtesy and respect.
Examples of bullying
- psychological intimidation, humiliation, excessive and/or unreasonable criticism or fault-finding of any colleague or peer;
- preventing an individual progressing by intentionally blocking promotion or training opportunities;
- unfair allocation of work and responsibilities or setting unreasonable goals or targets in work;
- asserting a position of intellectual superiority in an aggressive, abusive or offensive manner whether orally or in writing, publicly or in private.
Victimisation
Victimisation occurs when a person is treated less favourably because they have made a complaint of discrimination (which may be a complaint of harassment or bullying), or have helped another person to make or bring a complaint. Victimisation can constitute unlawful discrimination, and result in disciplinary action, regardless of the outcome of the original complaint.
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