This section provides guidance on dealing with harassment and bullying in the workplace. The information includes definitions of bullying and harassment and explains the various forms that harassment and bullying can take.
Harassment and bullying key points
- Bullying
is a sustained form of psychological abuse.
- The
employer has a legal duty to protect employees from harassment and
may be vicariously liable for such discrimination.
- Harassment is defined as "unwanted conduct
related to a relevant protected characteristic, which has the
purpose or effect of violating an individual's dignity or creating
an intimidating, hostile, degrading, humiliating or offensive
environment for that individual."
- The protected characteristics covered are: sex, trans-gender status, race, religion or belief, sexual orientation, disability and age.
-
The employer can also be held liable for
harassment of an employee by a third party in certain defined circumstances.
- The
overall aim of a bullying and harassment policy should be prevention not
cure.
- Prominent
and regular communication, training and awareness sessions for all
staff are important to provide a defence against claims of harassment.
- Line
managers have a particular duty to ensure that the organisation's
policy on harassment and bullying is observed.
- It is
possible for some complaints of unacceptable behaviour to be dealt
with informally.
- Formal
complaints will normally be appropriate where the behaviour is
extreme.
- Once a
complaint has been put in writing, a formal mechanism for
investigating the complaint, by an independent manager unconnected
with the allegations, should be put into motion.
- Complaints must be investigated
comprehensively and promptly.
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