Policy on Harassment
D9 HARASSMENT POLICY
D9.1 Policy Statement
This policy is intended to prevent all forms of offensive behaviour, such as physical, verbal, non-verbal and unacceptable conduct. It should be noted that sexual and racial harassment are forms of discrimination and therefore contrary to the Sex Discrimination Act and the Race Relations Act respectively.
Fundamentally, harassment constitutes improper and inappropriate behaviour which is distressing to the recipient and/or interferes with work effectiveness.
It is the policy of NSF(Scotland) to make every effort to provide a working environment free from bullying, harassment and intimidation and NSF(Scotland) will not condone harassment from any individual or group which involves abusive or offensive behaviour with regard to gender, race, colour, sexuality, disability, mental health, religion, age or other.
D9.2 What is Harassment?
The following are examples of inappropriate behaviours covered by this policy:
a) Physical Conduct - unwanted physical contact, including unnecessary touching or brushing against another individual, assault, sexual advances, physical threats, insulting or abusive behaviour or gestures.
b) Verbal Conduct - unwelcome propositions, remarks, innuendoes, comments or abusive language which refers to a person's sex, race, age, disability, sexuality, religion or personal appearance.
c) Non Verbal Conduct - the display of offensive written or visual material, including graffiti, pictures, objects or written material; making offensive or abusive gestures; ignoring or excluding an individual; or other non-verbal conduct that denigrates a person in any way.
d) Unacceptable Conduct - conduct that denigrates or is intimidatory or physically abusive of an individual.
D9.3 Responsibilities
Each worker has a responsibility to comply with the organisation's policy on harassment and to ensure that it does not occur in the workplace. This may involve challenging harassment when it occurs, providing support to individuals who are suffering harassment and reporting incidents.
Managers have a responsibility to:
a) set standards and lead by example;
b) establish a basic code of conduct between team members which ensures respect;
c) take prompt action to stop harassment when it is identified;
d) ensure that offensive material is not displayed; and
e) make clear that such behaviour is unacceptable and will be treated as a disciplinary matter.
D9.4 Harassment Complaints Procedure
A worker who believes that he or she is the subject of harassment should speak to their Line Manager or other senior individual who is in a position to help*. If a worker believes a colleague is being harassed, he/she should speak to the individual involved and establish whether there is a problem. Staff should not become party to harassment by trying to ignore it.
If the behaviour is contrary to NSF(Scotland) Harassment Policy, the Line Manager should explain courses of action available:
a) informal action by the complainant - explaining to the person responsible that the behaviour is unwanted, offensive and should be stopped;
b) if harassment continues, victimisation/discrimination results, or informal approach is not possible, a complaint should be made to the complainant's or the colleague's Line Manager. In all cases, the worker, or any third party reporting the alleged act must be prepared to provide full information to allow formal investigation. Confidentiality should be respected so that there is no unjust effect on anyone's reputation;
c) all complaints will be handled promptly, with sensitivity and in a confidential manner with respect for the complainant and the alleged harasser. Investigations will be initiated as soon as possible and, completed, where feasible, within 5 working days of receiving the complaint. Both parties should have access to information on policy and procedures and the right to representation;
d) if investigation reveals that the complaint is valid, disciplinary action designed to stop the harassment may be taken. This may include the removal of the harasser from contact with the complainant; and
e) employees shall be protected from intimidation, victimisation or discrimination for filing a complaint or assisting in an investigation
If, at any stage during these procedures, the complainant or alleged harasser feels that the complaint is not being handled effectively, they have the right to raise a grievance in accordance with Stage II of the Grievance Procedure.
* in cases where the Line Manager is the alleged harasser, the incident should be reported at a higher level within the project or to the Operations Manager