Everyone will be treated with dignity and respect in Claretian Missionaries Trust projects. Bullying and harassment of any kind are in no-one’s interest and will not be tolerated; this includes bullying or harassment of staff and volunteers by people the Claretian Missionaries Trust work with.
This policy applies to all Trustees, members, volunteers and staff on and off the premises of any of the sites we are responsible for.
Bullying and harassment will be treated as disciplinary offences.
What are Bullying and Harassment?
Harassment, in general terms is unwanted conduct affecting the dignity of men and women, where actions or comments are viewed as demeaning and unacceptable to the recipient.
It may be related to age, gender, race, disability, religion, belief, sexuality, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident.
Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.
Bullying or harassment may be by an individual against an individual or involve groups of people. It may be obvious, or it may be insidious. It may be face to face or in written communications, electronic (e)mail, phone. Whatever form it takes, it is unwarranted and unwelcome to the individual. It may take place in private or in public.
Examples of bullying/harassing behaviour include:
- spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of race, sex, age, disability, sexual orientation and religion or belief);
- copying memos that are critical about someone to others who do not need to know;
- ridiculing or demeaning someone – picking on them or setting them up to fail;
- exclusion or victimisation;
- unfair treatment;
- overbearing supervision or other misuse of power or position;
- unwelcome sexual advances – touching, standing too close, the display of offensive materials;
- making threats or comments about job security without foundation;
- deliberately undermining a competent worker by overloading and constant criticism;
- preventing individuals progressing by intentionally blocking promotion or training opportunities.
Legitimate, constructive and fair criticism of an employee’s performance or behaviour at work is not bullying. An occasional raised voice or argument is not bullying.
Procedures
Complaints of bullying and/or harassment, or information from staff relating to such complaints, will be dealt with fairly and confidentially and sensitively using the general format set out in Small Charity Support’s grievance procedures. However bullying or harassment will not be treated as a standard grievance; it is a serious issue and will be treated as such.
Where complaints of bullying or harassment involve your line manager approaches should be made to another appropriate manager.
Investigation
Complaints will be taken seriously and investigated promptly, objectively and independently. Decisions can then be made as to what action needs to be taken.
Informal action
If appropriate, the matter will be dealt with informally; sometimes people are not aware that their behaviour is unwelcome and an informal discussion can lead to greater understanding and an agreement that the behaviour will cease.
Formal action
More serious cases of bullying or harassment will be dealt with under the organisation’s disciplinary procedures.
Where bullying or harassment amounts to gross misconduct, dismissal without notice may be appropriate.
The person making the complaint will not be moved unless they ask for such a move.
Counselling and Mediation
Counselling or mediation may be considered, particularly where investigation shows no cause for disciplinary action, or where it may be useful to help resolve the issue or help support the person accused as well as the complainant.
Unfounded allegations
Employees lodging a complaint will not be disciplined for doing so unless somebody makes an unfounded allegation of bullying and/or harassment for malicious reasons. The case will then be investigated and dealt with fairly and objectively under the disciplinary procedure.
Procedures
The aim of these procedures is to ensure incidents of bullying and harassment can be recognised and dealt with.
How can bullying and harassment be recognised?
Behaviour that is considered bullying by one person may be considered firm management by another. Most people will agree on extreme cases of bullying and harassment, but it is sometimes the “grey” areas that cause most problems.
Bullying and harassment can often be hard to recognize – they may not be obvious to others, and may be insidious. The recipient may think “perhaps this is normal behaviour for the Claretian Missionaries Trust”. They may be anxious that others will consider them weak, or not up to the job, if they find the actions of others intimidating.
People being bullied or harassed may sometimes appear to overreact to something that seems relatively trivial but which may be the “last straw” following a series of incidents.
Bullying and harassment makes someone feel anxious and humiliated. Stress, loss of self confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work, and even resignation.
Why do we need to take action?
- Poor morale and poor employee relations;
- Loss of respect for managers and supervisors;
- Poor performance;
- Lost productivity;
- Absence;
- Resignations;
- Damage to organisational reputation;
- Tribunal and other court cases and payment of unlimited compensation.
The legal position
Discrimination and harassment
It is not possible to make a direct complaint to a tribunal about bullying. However, employees might be able to bring complaints under laws covering discrimination and harassment.
Unfair dismissal
Employers have a duty of care for all their employees. If the mutual trust and confidence between employer and employee is broken – for example through bullying and harassment at work – then an employee can resign and claim constructive dismissal.
Under the Health and Safety at Work Act 1974 employers are responsible for the health safety and welfare at work of all employees.
Action by Management
Management should be clear about the standards of behaviour expected, set a good example in their own behaviour and ensure that individuals are fully aware of their responsibilities to others.
Record of Policy Change
31/12/20 – Policy approved by the Trustees
Approved 5th May 2021