Workplace Bullying and Harassment

Policy Scope:

This policy affects all individuals working for South Yorkshire Police and includes:

Police Officers
Police Staff
Members of the Special Constabulary
Volunteers including Police Cadets

Policy Aims and Objectives:

Bullying and Harassment are forms of behaviour that are unacceptable in South Yorkshire Police workplaces. The organisation will not permit or condone such behaviour.

South Yorkshire Police aspires to a working environment:

That is safe, harmonious, cohesive and effective in its purpose
That is fair, open and transparent
In which everyone promotes equality of opportunity
In which everyone strives to eliminate unlawful discrimination
In which everyone supports, respects and values each other
In which good relations are promoted between people of diverse groups
In which politeness is encouraged and valued
In which personal dignity is safeguarded
In which unacceptable behaviour is discouraged and challenged

The overall aim is to provide mechanisms for staff affected by this conduct in order that early resolution can be found to the issues, through open, effective communication.

Meaning of Terms:

Workplace Bullying

Offensive, intimidating, malicious or insulting behaviour, or the abuse or misuse of power intended or tending to undermine, humiliate, denigrate or injure the recipient.

Harassment

Any ongoing course of unwanted conduct which has the purpose or effect of violating another’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other purpose. This includes incitement to commit such behaviour.

Workplace

Any place where the business of South Yorkshire Police is conducted. This extends, for example, to locations away from the office or station (such as in police vehicles and on patrol) and can include work related social activities.

Recipient

A person against whom behaviours are used, that are perceived as workplace bullying or harassment.

Guidance on Behaviours:

Bullying

Bullying behaviours can be categorised into five main types:

Work-related – affecting the target’s tasks and performance.
Social Isolation – not communicating with the target or isolating them from social events.
Personal attacks – for example, ridiculing or insulting the target.
Verbal threats – for example, criticising or publicly humiliating the target.
Spreading rumours about the target.

Harassment

Harassment may take any of the following forms:

Physical – for example, touching, leering, whistling, assaults or threats of abuse.

Verbal – for example, jokes, banter, unwelcome sexual advances, comments about appearance or dress, intrusive questioning or obscene language.

Non-verbal – for example, display of offensive pictures or material, suggestive looks or gestures, ignoring the target or maliciously hiding property.

Jokes with offensive connotations aimed at any population group may amount to harassment.

Harassment need not be directed towards a particular person for it to be offensive to them.

Some forms of harassment are classed as unlawful and can lead to prosecution and dismissal. An individual can be held personally liable if a person harassed undertakes legal proceedings.

Bullying or Harassment?

Bullying and harassment are not mutually exclusive terms. Some behaviours and courses of conduct meet both definitions. Others meet only one of the two. The terms do differ in several respects. For example, harassment refers to a course of conduct and usually has an element of persistence or repetition, though more severe forms may be instantly recognisable when they first occur. Bullying, on the other hand, is often associated with some form of power abuse, though the power may be, for example, that of a forceful personality rather than of rank or role.

The purpose of this policy is to condemn all the behaviours that comprise workforce bullying or harassment. Both terms are included in the policy in order to encapsulate the full breadth of the associated conduct.

Duties of Managers and Supervisors:

Managers and supervisors have particular duties to prevent workplace bullying and harassment and to address it effectively where it occurs. They must receive reports of unacceptable behaviour with sensitivity, taking into account the individual needs of the people involved.

They must work to establish and maintain environments in which workplace bullying and harassment are collectively recognised as unacceptable.

Duties of the South Yorkshire Police Workforce:

Whilst workforce bullying and harassment are not defined in law, such behaviours may amount to a ‘detriment’. It is unlawful to discriminate against a person employed at an establishment in Great Britain by subjecting that person to any detriment. The following legislation includes topics with possible links to workforce bullying and harassment:

Health and Safety at Work Act 1974

Race Relations Act 1975

Sex Discrimination Act 1975

Trade Union and Labour Relations (Consolidation) Act 1992

Criminal Justice and Public Order Act 1994

Disability Discrimination Act 1995

Employment Rights Act 1996

Protection from Harassment Act 1997

Human Rights Act 1998

Malicious Communications Act 1998

Public Interest Disclosure Act 1998

Sex Discrimination (Gender Reassignment) Regulations 1999

Race Relations (Amendment) Act 2000

Employment Equality (Religion or Belief) Regulations 2003

Employment Equality (Sexual Orientation) Regulations 2003

Disability Discrimination Act 2005

Employment Equality (Age) Regulations 2006

Equality Act 2006

Every member of the workforce has a personal responsibility under the General Duty, created by the Race Relations (Amendment) Act 2000, to:

Eliminate unlawful discrimination
Promote equality of opportunity
Promote good relations between different racial groups

The Disability Discrimination Act 2005 and the Equality Act 2006 create similar duties, in respect of Disability and Gender.

Every member of the workforce has a clear role to play in helping create a climate at work in which workplace bullying and harassment are unacceptable. This can be achieved by demonstrating sensitivity and providing personal support to colleagues, by developing awareness of the effects upon others of one’s own actions, and by addressing unacceptable behaviour professionally where it is encountered.

Dealing with Unacceptable Behaviour:

All allegations will be treated seriously and dealt with promptly.

Any member of the South Yorkshire Police workforce, regardless of grade, rank, role or position, who is found to be responsible for inciting, perpetrating or condoning behaviour which amounts to workforce bullying or harassment may be subject to discipline procedures. Such a person can be held personally liable if the target of the behaviour undertakes legal proceedings.

Allegations of workplace bullying and harassment will be dealt with on a case by case basis. Where appropriate, and provided it is with the agreement of the aggrieved, first instances will be dealt with as informally and developmentally as possible, using interventions calculated to improve understanding of the behaviours effects.

Courses of Action:

What is perceived as workplace bullying or harassment can vary from individual to individual, but an important factor in meeting the definitions of both terms is that the behaviour is unwelcome or negatively received by the recipient. In the first instance, it should be made clear to the person using the behaviour that it is unwelcome, and they should be asked to stop.

If this is not possible, or the behaviour continues after a request to stop, or the behaviour or its consequences are considered to be serious, the matter should be taken further. Where it is practicable and appropriate to do so, it should be brought to the attention of a line manager, who can act to resolve the problem.

Where this is not practicable or appropriate, or the behaviour continues, or further support or advice is required, assistance may be sought through the First Contact Advisor Scheme D50889. A First Contact Advisor can help deal with problems informally, for example by approaching the perceived bully or harasser on behalf of the recipient and advising them to stop. Similar support, including mediation services, may be available through the Police Federation, trades union or other staff support associations.

If informal procedures fail or are inappropriate, formal action through the Fairness at Work Policy D50166 is open to any recipient of workplace bullying or harassment. Advice about the scheme may be sought from the Force Diversity manager or staff of the Diversity Unit in Professional Standards Department, a First Contact Advisor, a Trade Union or staff support association representative or staff of local personnel offices.

Where appropriate, and after investigation or examination of a complaint of workplace bullying or harassment, the conduct complained of may be referred for consideration under SYP discipline rules, as they apply to the person reported to have used such behaviour. The presumption will be that referral for consideration of disciplinary issues will follow, and not replace, any management action and intervention, save in exceptional circumstances.

Ultimately an individual may have the right to pursue a complaint of workplace bullying or harassment through an Employment Tribunal or Court of Law. In such cases, individuals must register their complaints with the Tribunal within 3 months less 1 day of the date of the last act complained of.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions: N/A

Equality Act 2010:

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

This policy falls within MoPI: No

Review Arrangements:

This policy together with its Equality Analysis will be reviewed every year.

Rights of redress for members of the public:

Anyone, who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
Visit a local Citizens' Advice Bureau
Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

Pursue concerns through their line manager.
Contact a First Contact Advisor.
Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
Seek advice from their staff association or trades union.
Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.

Start Date:

30 April 2008

Title changed from "Anti-Harassment"

Equality Analysis:

D50890 Workplace Bullying and Harassment.pdf