Anti-Bullying, Harassment and Sexual Harassment Policy and Procedure
Introduction and Policy Summary:
This policy aims to promote respect, dignity, safety, and equality in the workplace. Every member of staff should be aware that all forms of bullying, harassment, and sexual harassment are unacceptable and every member of staff has a duty to behave in an acceptable and respectful manner. A key aim of this policy is to provide awareness regarding the steps which individuals may take if they believe that they have been bullied, harassed, or sexually harassed.
Langton Hotel Ltd. have an obligation to prevent harassment in the workplace. Harassment and sexual harassment on any of the following grounds – gender, civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community – are forms of discrimination in relation to conditions of employment.
The HSA Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work highlights that bullying, harassment or sexual harassment should not be tolerated in the workplace. Under the Safety, Health and Welfare at Work Act 2005, employers have a duty to prevent any improper conduct or behaviour which is likely to put the safety, health and welfare of employees at risk.
This obliges all employers to ensure that reasonable steps are taken to provide a work environment free of bullying, harassment or sexual harassment.
Langton Hotel Ltd. have established an anti-bullying policy, and a system of dealing with complaints of bullying in the workplace.
Dealing with complaints of bullying or harassment is a priority issue.
All employees have a responsibility to ensure that their behaviour reflects a culture of dignity and respect. Our reporting procedures provide a framework for those who believe they have experienced bullying, harassment, or sexual harassment.
All complaints or queries raised in relation to bullying, harassment and sexual harassment will be treated seriously, fairly, and in the strictest of confidence. Complaints will be progressed promptly and the cooperation of all parties involved in a dispute must be given in progressing the matter in accordance with the processes set out the Bullying, Harassment and Sexual Harassment Complaint Procedures section of this policy.
This policy emphasises the importance of an informal resolution of a problem where possible, and highlights the use of mediation as a valuable tool when dealing with workplace conflict. Complaints should only proceed to formal investigation once informal resolution methods or mediation have been exhausted, or are unsuitable due to the nature of the complaint.
It is important that complaints which are made under our policy are genuine and not malicious in nature. Such behaviour undermines genuine complaints made by colleagues, may cause stress and upset to those wrongly accused, and can waste the time of those working to investigate the complaint.
Malicious complaints are viewed as misconduct, will not be tolerated, and may be subject to disciplinary procedures.
Policy Statement:
The key aims of this policy are to:
- Achieve a work environment where dignity and respect are priority values
- Create an environment where bullying, harassment, and sexual harassment are not tolerated in any form
- Ensure that all employees are aware of their responsibility to behave in a way that reflects a culture of dignity and respect.
Definitions of terms:
Bullying
Repeated inappropriate behaviour, direct or indirect whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work or during the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.
Examples of bullying:
- Verbal: personal insults, demeaning remarks, regular humiliation often in front of others, nicknames, ridicule, threats;
- Non-verbal or indirect: exclusion with negative consequences, hostile attitude, spreading malicious rumours;
- Abuse of power: regular excessive and inappropriate criticism, deliberately and maliciously withholding work-related information in order to undermine a colleague, repeatedly manipulating a person’s job content and targets without due cause;
- Physical: aggressive behaviour, physical intimidation, unwelcome physical contact up to and including assault;
- Communications technology: insulting texts, emails, derogatory comments on social media.
An isolated incident of the behaviour described in this definition may be an affront to an individual’s dignity but, as a once-off incident, is not considered to be bullying.
Harassment
Harassment is defined in Employment Equality legislation as any form of unwanted conduct related to any of the discriminatory grounds which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
The nine discriminatory grounds are:
- Gender
- Civil status
- Family status
- Sexual orientation
- Religion
- Age
- Disability
- Race
- Membership of the Traveller community
Harassment may consist of a single incident, or repeated inappropriate behaviour.
Examples of Harassment:
- Verbal harassment – jokes, comments, ridicule or songs
- Written harassment – including faxes, text messages, emails, notices or comments on social media
- Physical harassment – jostling, shoving or any form of assault
- Intimidatory harassment – gestures, posturing or threatening poses
- Visual displays such as posters, emblems or badges
- Isolation or exclusion from social activities Sexual Harassment
Sexual Harassment
Any form of unwanted verbal or physical conduct of a sexual nature which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
Sexual Harassment may consist of a single incident, or repeated inappropriate behaviour.
Examples of sexual harassment:
- Sexual jokes, stories, comments, use of telephone (including text messages), fax or radio systems for inappropriate suggestive comments;
- Display of offensive pictures, slogans, graffiti, written suggestive materials, etc. through email or otherwise (including a display of pornographic or sexually suggestive pictures or objects);
- Telling lies or spreading rumours about a colleague’s sex life;
- Unwanted physical contact ranging from unnecessary touching to assault;
- Persisting in unwelcome attempts to form a relationship, or continue a relationship to which one party has not consented, or for which s/he have withdrawn his/her consent.
What constitutes ‘unacceptable behaviour’
in regard to workplace bullying?
Bullying can take a number of forms. Under the Health and Safety at Work Act 2005 there is a requirement that personnel are consulted in respect of acceptable/unacceptable behaviour. Through this consultation process, the staff will have ownership of the policy as it relates to their school.
A pattern of the following behaviours are examples of types of bullying:
- Exclusion with negative consequences
- Verbal abuse/insults
- Physical abuse
- Being treated less favourably than colleagues
- Unnecessary and repeated shouting
- Intrusion – pestering, spying or stalking
- Menacing behaviour
- Intimidation
- Aggression
- Undermining behaviour
- Excessive monitoring of work
- Humiliation
- Withholding work-related information
- Setting unreasonable and unrealistic targets
- Blame for things beyond the person’s control
- Unequal treatment
- Spreading rumours/gossip
- Undermining the professionalism of others
- Deliberate non-cooperation
This list is non-exhaustive
Bullying/Harassment by Non-Employees
This Policy protects employees from bullying, sexual harassment or harassment perpetrated by a client, supplier, visitor or any other person with whom employees may come into contact during the course of their work. Bullying/harassment by non-employees may result in the termination/non-renewal of business contracts, the suspension/non-renewal of services, exclusion from the premises or the imposition of other appropriate sanctions.
If an employee feels they have been subjected to inappropriate behaviour by a non- employee, they should bring the matter to the attention of their section manager so that the matter can be investigated and appropriate action taken.
If a complaint against a non-employee is upheld, appropriate sanctions will apply which may include:
- Exclusion of the individual from the premises
Suspension or termination of service or other contract.
Not considered bullying:
The following actions do not constitute bullying:
- An isolated incident of inappropriate behaviour may be an affront to dignity at work but, as a once-off incident, is not considered to be bullying, e.g. an occasional bout of anger or a conflict of views.
- Fair and constructive criticism of an employee’s performance, conduct or attendance.
- Reasonable and essential discipline arising from the good management of the
- performance of an employee at work.
- Actions taken which can be justified as regards the safety, health and welfare of the employees.
- Legitimate management responses to crisis situations which require immediate action.
- Complaints relating to instructions issued by a manager
- assignment of duties,
- Terms and conditions of employment
- Other matters which are appropriate for referral under the normal grievance procedure.
Managers’ and Supervisors’ Responsibilities:
Managers and supervisors have a particular responsibility to implement this policy and to make every effort to ensure that bullying and harassment does not occur, particularly in work areas for which they are responsible. Managers and supervisors have an obligation to deal promptly and effectively with any incidents of bullying or harassment of which they are aware or ought to be aware.
Managers and supervisors should:
- Explain the Dignity at Work Policy to all employees and ensure that they understand their roles and responsibilities and how the complaints procedure operates
- Explain the Policy and complaints procedure to new employees as part of their induction
- Monitor the behaviour of new employees during their probationary period to ensure
- compliance with the Dignity at Work Policy
- Promote awareness of the Policy amongst employees on an ongoing basis
- Communicate the Policy to non-employees (e.g. ensure posters and leaflets are prominently displayed and copies of the Policy are readily available)
- Be vigilant for signs of bullying and harassment and intervene before a problem escalates
- Respond sensitively to any employee who makes a complaint of bullying or harassment
- Respond promptly and discreetly to requests from employees to intervene and seek to resolve the matter informally where appropriate
- Facilitate support of Designated Persons to carry out their role
- Ensure that an employee is not victimised for making a complaint of bullying or harassment in good faith
- Monitor and follow up the situation after a complaint is made so that the behaviour complained of does not recur
- Keep a record of all complaints and how these were resolved.
- Set a good example by treating all employees and any other person with whom they come into contact in the workplace with courtesy and respect.
What is considered Positive Behaviour:
At Langton Hotel Ltd. we recognise and promote positive behaviour as listed below:
- Professionalism
- Positivity
- Empathy
- Inclusiveness
- Respect
- Friendship
- Fairness
- Equality
- Listening
- Caring
- Encouraging
- Consideration
- Supportive
- Politeness
- Confidentiality
- Trust
- Patience
- Tolerance
- Integrity
We recognise a positive outlook as including the following behaviours and values:
- Acceptance that there are a variety of personalities and different approaches to work
- Realising that what one may find humorous another might find offensive.
- Allowing other people to speak.
- Apologising for mistakes made.
- Using appropriate language.
- Being mindful of our gestures and body language and how they may be perceived.
- Promoting well-being.
- Awareness of other people’s personal space.
- Valuing Others
- Sharing methodologies and resources.
- Promoting environmental awareness.
The Effects of Bullying
International research shows that the effects may be physiological, psychological and behavioural.
There are consequences for the individuals who perceive themselves to be targets of bullying behaviour, for the alleged perpetrators(s), for organisational culture/ethos and for the Company Management.
Effects on the individual: research shows that individuals who are continually bullied lose self-confidence as self-esteem is eroded and they are at an increased risk of suffering stress. There may be serious effects on health and the person’s career may be adversely affected.
Effects on the organisation: individuals who are bullied will find it difficult if not impossible to give their best in the workplace. Among the well-documented effects are increased sickness/absenteeism, low morale, a tense atmosphere, cliques or factions.
For what reasons might an individual be reluctant to take action?
- Because the particular workplace culture passively supports bullying i.e. staff in general are unaware of the seriousness of bullying.
- Fear that the complaint may not be taken seriously.
- They may be seen as unable for the job
- They may be perceived as a weak person
- If the alleged bully is a person in authority, there may be the fear management will support the alleged perpetrator.
- Fear that making a complaint could result in further intimidation and increased bullying.
- If there are no witnesses to the bullying it would be one person’s word against another.
- They might be seen to be lacking in credibility/ personal status.
- They may have concerns about job security.
- Witnesses might be unwilling to come forward.
Communication
This may be more difficult for some individuals than for others. It is inappropriate for work colleagues to act out their behaviour in an unacceptable manner. If you find it impossible or difficult to make an approach to the person involved in the alleged bullying, tell somebody else.
How to deal with Bullying, Harassment, & Sexual Harassment
The steps outlined below are an overview of the potential steps involved in resolving a complaint. Individuals are not required to follow each step in a linear or sequential fashion. For example, a complaint may proceed directly to the Designated Person phase, or not proceed further than the Local Resolution phase as appropriate.
Timelines
It is in the interest of all parties that complaints are progressed in a timely and efficient fashion. Therefore, those managing the complaints process should adhere to timelines wherever possible. Similarly, individuals involved in a complaint should fully co-operate with and participate in the process.
Where it is not possible to adhere to timelines at any stage of the process, the person managing that stage of the process should make a record setting out:
- The circumstances which have led to the timeline being exceeded
- The impact (if any) which this will have on the process.
If delays have been caused by either the complainant or the respondent, they should be required to explain, in writing, the reasons for this delay. This information should be made available to the HR Department for review
Mediation
Mediation is available at every step of the process. This is a voluntary process, which can be a very effective method of dispute resolution. Further information about mediation can be found in the mediation section of this policy document.
Performance criteria for the success of this Dignity at Work Policy:
The existence of this policy forms part of our commitment to the Safety, Health and Welfare at work of our employees. To enable the prevention of bullying and harassment in the workplace:
- All employees must be made aware of the policy.
- Any employee’s right to complain is respected.
- Formal and informal resolution of complaints is encouraged.
Monitoring and Review
Langton Hotel Ltd are committed to monitoring and evaluating the effectiveness of this policy.
In addition to the performance criteria mentioned above, integral to this process is:
- Legislation and other relevant guidelines
- Customer feedback
- Staff feedback
As part of our ongoing review process, this policy will be examined to reflect feedback from our evaluation practices and also to ensure legal compliance and the maintenance of best practices.
Bullying, Harassment and Sexual Harassment Complaint Procedures
Local Resolution
If possible, the complainant should approach the respondent(s) or ask their Section Manager to do so on their behalf, to advise of the offending behaviour and the impact which it has on the individual, and to ask that it discontinue
- The complainant may refer a complaint to the next appropriate Section Manager
- The Section Manager should attempt to resolve the matter locally and/or offer mediation to both parties with the intention of resolving the matter
Designated Person
Complaint is referred to the management, who will appoint a Designated Person to oversee the complaint.
The Designated Person will:
- Engage with both parties to provide relevant information
- Familiarise themselves with the background, context and details relevant to the case
- Encourage the use of mediation with the intention of resolving the matter
Investigation
Langton Hotel Ltd. will appoint an investigator to formally investigate the complaint
- The investigator will examine the complaint, relevant evidence and witness statements
- The investigator will complete a report for the Langton Hotel Ltd. management
- Langton Hotel Ltd. Management will decide, based on the investigation report, if any further action is required
Review Process
If either party is dissatisfied by the conduct or outcome of an investigation, they can apply for a review to assess:
- If policy and procedures have been followed correctly
- Whether the conclusions reached by the investigator can be validly drawn from the evidence on the balance of probability
The review will be conducted by a senior member of Langton Hotel Ltd. Management.
Confidentiality
All individuals involved in the procedures referred to above should maintain absolute confidentiality on the subject.
Mediation
Mediation is the preferred method under the Dignity at Work Policy for resolving complaints of bullying and harassment. The objective of mediation is to resolve the matter speedily and confidentially without recourse to a formal investigation and with the minimum of conflict and stress for the individuals involved. Mediation requires the voluntary participation and co-operation of both parties in order to work effectively.
Both parties will be requested to consider the use of mediation and every effort will be made to secure their agreement. An appropriate person who is experienced or well versed in mediation will meet with each of the parties separately to explain the mediation process and its benefits. This person may be from management, the unions or the agreed list of health service mediators.
An assigned mediator will meet with both parties, usually separately to begin with, to discuss the alleged offending behaviour. The mediator will then bring both parties together to reach a common understanding and agreement on acceptable future behaviour. A mediated agreement seeks to reach an accommodation between the parties and thereby restore harmonious working relations. A mediated solution will not result in the issues being dealt with under the disciplinary policy. Minimal paperwork and/or records will be generated by this process.
If the mediation process does not produce a satisfactory outcome, the complainant may seek to have the matter resolved through formal investigation. Any new information that emerges during the course of the mediation process remains strictly confidential and cannot be disclosed as part of the formal investigation.
If the matter remains unresolved at this stage, a formal investigation will be carried out.
Mediation may be attempted at any point in the procedure to try to resolve the matter.
Mediation may be attempted again during the formal investigation or following the outcome of the investigation.
Keeping Records
At all stages of the complaints process records should be kept of:
- The investigation undertaken.
- All communications to/by the complainant
- The subject of the complaint
- The steps and all the decisions taken
The above records should be held by management in a confidential manner in a secure place.
Where a complaint has been rejected or has not been upheld, a statement to that effect shall conclude the record in the personnel file of the complainant. All records in relation to a rejected/not upheld complaint shall be removed from the personnel file of the subject of the complaint. A statement of the outcome of the investigation will conclude all other files. Where a statement of the outcome of the investigation confirms the allegation to be true then the statement of outcome shall be placed on the file/record of the person against whom the investigation upheld the complaint.
Protection and Support
Staff shall be protected from intimidation, victimisation or discrimination for filing a complaint or assisting in an investigation. Retaliation against a member of staff for complaining about bullying/harassment is considered a disciplinary offence. A malicious complaint made by a staff member will be treated as misconduct under the disciplinary procedure.
Assistance in the event of Harassment
Every effort will be made to assist if they so wish, persons who are victims of bullying/harassment to deal with the problem and where it is requested, the services of a counsellor will be made available by Langton Hotel Ltd. Persons who bully/harass others may be requested to attend counselling to prevent further incidences of harassment occurring.
Training/Awareness
It is considered that all personnel who have a role in either the informal or formal procedure – e.g. designated members of management or worker representatives should be made aware of appropriate policies and procedures which should if possible include appropriate training.
Legislation
This Policy covers sexual harassment and harassment as outlawed by the Employment Equality Acts 1998 to 2008 and workplace bullying.
This Policy is based on the following Codes of Practice which issued under the Safety, Health and Welfare at Work Act 2005; the Industrial Relations Act, 1990; and the Employment Equality Act 1998 respectively:
- The Health and Safety Authority’s Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work
- The Labour Relations Commission’s (LRC) Code of Practice Detailing Procedures for Addressing Bullying in the Workplace
- The Equality Authority’s Code of Practice on Sexual Harassment and Harassment at Work
Langton Hotel Ltd. Dignity at Work Charter
Langton Hotel Ltd. adopt the HSA Dignity in the Workplace Charter
Langton Hotel Ltd. are committed to maintaining a workplace environment that encourages and supports the right to dignity at work for all employees.
All employees are expected to respect the right of each individual to dignity in their working life.
All employees will be treated equally and respected for their individuality and diversity.
Harassment, Sexual Harassment and Bullying in any form is not accepted by us and will not be tolerated.
Our Dignity at Work policies and procedures will underpin the principles and objectives of this Charter.
All individuals, whether directly employed or contracted by us, have a duty and a responsibility to uphold this Dignity at Work Charter.
Section Managers, Supervisors, Senior Management, Staff Representatives and all employees at Langton Hotel Ltd. have a responsibility to promote the provisions of this charter.
Langton Hotel Ltd. Director: Edward Langton | February 9th 2020