Anti-harassment and Bullying Policy
A. POLICY STATEMENT
1. The purpose of this policy is to ensure that all staff are treated and treat others with dignity and respect. free from harassment and bullying. All staff should take the time to ensure that they understand what types of behaviour are unacceptable under this policy.
2. This policy covers harassment and bullying which occurs both in and out of the workplace. such as on business trips or at events or work-related social functions. It covers bullying and harassment by staff and also by third parties such as customers. suppliers or visitors to our premises.
3. Staff must treat colleagues and others with dignity and respect. and should always consider whether their words or conduct could be offensive. Even unintentional harassment or bullying is unacceptable.
4. We will take allegations of harassment or bullying seriously and address them promptly and confidentially where possible. Harassment or bullying by an employee will be treated as misconduct under our Disciplinary Procedure. In some cases it may amount to gross misconduct leading to summary dismissal.
5. This policy does not form part of any employee’s contract of employment and we may amend it at any time or depart from it where we consider appropriate.
B. THE LAW
1. The Equality Act 2010 prohibits harassment related to age, disability, gender reassignment. marital or civil partner status. pregnancy or maternity, race. colour. nationality, ethnic or national origin. religion or belief. sex or sexual orientation. Your attention is drawn to our separate Equal Opportunities Policy.
2. The Protection from Harassment Act 1997 also makes it unlawful to pursue a course of conduct which you know or ought to know would be harassment. which includes causing someone alarm or distress.
3. Under the Health and Safety at Work Act 1974 staff are entitled to a safe place and system of work.
4. Individual members of staff may in some cases be legally liable for harassment of colleagues or third parties including customers. and may be ordered to pay compensation by a court or employment tribunal.
C. EXAMPLES OF HARASSMENT
1. Personal harassment takes many forms and employees may not always realise that their behaviour constitutes harassment. Personal harassment is any unwanted physical, verbal or non-verbal conduct which has the effect of violating a person’s dignity or creating an intimidating, hostile. degrading, humiliating or offensive environment for them. A single incident can amount to harassment.
2. Harassment also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.
3. Unlawful harassment may involve conduct of a sexual nature (sexual harassment). or it may be related to age, disability, gender reassignment. marital or civil partner status. pregnancy or maternity, race. colour. nationality, ethnic or national origin. religion or belief. sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.
4. A person may be harassed even if they were not the intended “target”_ For example. a person may be harassed by racist jokes about a different ethnic group if they create an offensive environment for him/her.
5. Examples of harassment include:
5.1. unwanted physical conduct or “horseplay·. from touching someone or invading their personal space to more serious forms of physical or sexual assault;
5.2. offensive. derogatory or intimidating comments or gestures or insensitive jokes or pranks;
5.3. racist. sexist. homophobic or ageist jokes or derogatory or stereotypical remarks about a particular ethnic or religious group or gender;
5.4. mocking, lewd or abusive comments about appearance or disability;
5.5. ignoring or deliberate exclusion from conversations or a workplace social activity;
5.6. sending or displaying abusive. pornographic or offensive writing or material;
5.7. unwelcome sexual advances or suggestive behaviour;
5.8. abusive. threatening or insulting words or behaviour;
5.9. continued suggestions for social activity after it has been made clear that such suggestions are unwelcome.
These examples are not exhaustive and disciplinary action at the appropriate level will be taken against employees committing any form of personal harassment.
D. BULLYING
1. Bullying is offensive. intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable. upset. humiliated. undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation. Bullying can take the form of physical, verbal and non-verbal conduct.
2. Examples of bullying include:
2.1. shouting at. being sarcastic towards. ridiculing or demeaning others;
2.2. physical or psychological threats;
2.3. overbearing and intimidating levels of supervision;
2.4. unreasonable derogatory remarks about someone’s performance;
2.5. abuse of authority or power by those in positions of seniority;
2.6. deliberately excluding someone from meetings or communications without good reason.
2.2. These examples are not exhaustive and disciplinary action at the appropriate level will be taken against employees committing any form of bullying.
3. Legitimate, reasonable and constructive criticism of a worker’s performance or behaviour, or reasonable instructions given to workers in the course of their employment. will not amount to bullying.
E. COMPLAINING ABOUT PERSONAL HARASSMENT
4. Informal steps
4.1. If you are being bullied or harassed. you should initially consider raising the problem informally with the person responsible. if you feel able to. You should explain clearly to them that their behaviour is not welcome or makes you uncomfortable.
4.2. We recognise that complaints of personal harassment. and particularly of sexual harassment. can sometimes be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue with the person responsible or through our normal grievance procedure. In these circumstances. you are encouraged to raise such issues with your line manager or a member of the HR team.
4.3. If you are not certain whether an incident or series of incidents amount to bullying or harassment. you should initially contact your line manager or a member of the HR team informally for confidential advice.
4.4. If informal steps have not been successful or are not possible or appropriate. you should follow the formal procedure set out below.
5. Raising a formal complaint
5.1. Where the informal approach fails or if the harassment is more serious. you should bring the matter to the attention of a senior manager as a formal written complaint. The senior manager’s role is to achieve a solution wherever possible.
5.2. If possible. you should keep notes of the harassment so that the written complaint can include the following information:
5.2.1. the name of the harasser;
5.2.2. the nature of the harassment;
5.2.3. the dates and times when the harassment occurred;
5.2.4. the names of any witnesses;
5.2.5. any action already taken by you to stop the harassment.
5.3. As a general principle. the decision whether to progress a complaint is up to you. However. we have a duty to protect all staff and may pursue the matter independently if. in all the circumstances. we consider it appropriate to do so.
5.4. We will investigate complaints in a timely and confidential manner. Individuals not involved in the complaint should not be told about it.
5.5. On receipt of a formal complaint. where the complaint is about an employee. we will take action to separate you from the harasser to enable an uninterrupted investigation to take place. This may involve temporary changes to working arrangements or suspension with pay until the matter has been resolved.
5.6. Where your complaint is about someone other than an employee. such as a contractor. customer. supplier. or visitor. we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation. bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate. we will attempt to discuss the matter with the third
5.7. The person dealing with the complaint will carry out a thorough investigation in accordance with our Disciplinary Procedure. Those involved in the investigation will be expected to act in confidence and any breach of confidence will be a disciplinary matter.
5.8. When the investigation has been concluded, a draft report of the findings and of the investigator’s proposed decision will be sent, in writing, to you and to the harasser.
5.9. If you or the harasser are dissatisfied with the draft report or with the proposed decision this should be raised with the investigator within five days of receiving the draft. Any points of concern will be considered by the investigator before a final report is sent, in writing, to you and to the harasser.
F. ACTION FOLLOWING THE INVESTIGATION
1. If harassment or bullying has occurred, prompt action will be taken to address it.
2. Where the harasser or bully is an employee the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure.
3. Where the harasser or bully is a third party, appropriate action might include putting up signs setting out acceptable and unacceptable behaviour; speaking or writing to the person and/or their superior about their behaviour; or, in very serious cases, banning them from the premises or terminating a contract with them.
4. Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the alleged harasser or bully. It may be appropriate to change the duties, working location or reporting lines of one or both parties.
5. Any staff member who deliberately provides false information or otherwise acts in bad faith as part of an investigation may be subject to action under our Disciplinary Procedure.
G. APPEALS
1. If you are not satisfied with the outcome you may appeal in writing stating your full grounds of appeal, within 5 days of the date on which the decision was sent or given to you.
2. We will hold an appeal meeting. This will be dealt with impartially by a more senior manager/director who has not previously been involved in the case (although they may ask anyone previously involved to be present). You may bring a colleague or trade union representative to the meeting.
3. We will confirm our final decision in writing. This is the end of the procedure and there is no further appeal.
H. PROTECTION AND SUPPORT FOR THOSE INVOLVED
1. Staff who make complaints or who participate in good faith in any investigation conducted under this policy must not suffer any form of retaliation or victimisation as
2. If you believe you have suffered any such treatment you should inform your line manager or a member of the HR team.
3. Anyone found to have retaliated against or victimised someone for making a complaint or assisting in good faith with an investigation under this procedure will be subject to disciplinary action under our Disciplinary Procedure.
I. CONFIDENTIALITY AND DATA PROTECTION
1. Confidentiality is an important part of the procedures provided under this policy. Everyone involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the high level of confidentiality that is required. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a “need to know” basis.
2. Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents compiled during the process.
J. WHO IS RESPONSIBLE FOR THIS POLICY?
1. All managers have a specific responsibility to operate within the boundaries of this policy, ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below its requirements.
2. Staff should disclose any instances of harassment or bullying of which they become aware to a member of the HR team.
3. Questions about this policy and requests for training or information on dealing with bullying or harassment should be directed to a member of the HR team.
K. MONITORING AND REVIEW OF THE POLICY
This policy is reviewed by the HR team. Reviewed & Authorised by: Mr. Neil Male – CEO, GMS Group. May 2025.
