Coombe Fisheries recognise the right of all employees to be treated with dignity and respect and is committed to ensuring that all employees are provided with a safe working environment which is free from all forms of bullying, sexual harassment and harassment. Workplace bullying and harassment adversely affects the quality of work/life balance by undermining employee morale and can result in absenteeism, stress-related illnesses and higher turnover of staff. Bullying and harassment can have a devastating effect on the health, confidence, morale and performance of those subjected to it. Bullying and harassment may also have a damaging impact on employees not directly subjected to inappropriate behaviour but who witness it or have knowledge of it.
We will not tolerate bullying and harassment of any kind. All allegations of bullying and harassment will be investigated and, if appropriate, disciplinary action will be taken, which may include up to and including summary dismissal. We will also not tolerate victimisation of a person for making allegations of bullying or harassment in good faith or supporting someone to make such a complaint. Victimisation is a disciplinary offence.
Making a complaint that you know to be untrue, or giving evidence that you know to be untrue, may lead to disciplinary action being taken against you.
What is Workplace Bullying?
Workplace bullying is 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 and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.
What is not bullying.
The following 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 or other matters which are appropriate for referral under the normal grievance procedure.
Examples of Bullying
The following are some examples of the type of behaviour which may constitute bullying. These examples are illustrative but not exhaustive:
- Constant humiliation, ridicule, belittling efforts – often in front of others
- Verbal abuse, including shouting, use of obscene language and spreading malicious rumours
- Showing hostility through sustained unfriendly contact or exclusion
- Inappropriate overruling of a person’s authority, reducing a job to routine tasks well below the person’s skills and capabilities without prior discussion or explanation
- Persistently and inappropriately finding fault with a person’s work and using this as an excuse to humiliate the person rather than trying to improve performance
- Constantly picking on a person when things go wrong even when he/she is not responsible.
What is Harassment?
Harassment (other than sexual harassment) is any form of unwanted conduct related to any of the discriminatory grounds covered by the Equality Act 2010. These grounds are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (incudes: colour; ethnic origin; national origin; nationality)
- Religion or belief
- Sex
- Sexual orientation
Harassment is defined in the Act as any form of unwanted conduct related to any of these 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 unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.
Harassment is inappropriate behaviour based on the relevant characteristic of the employee such as race, religion, age or any of the other grounds covered by the Act. Inappropriate behaviour that is not linked to one of the nine discriminatory grounds is not covered by this definition.
Harassment may be targeted at one employee or a group of employees. Harassment may consist of a single incident or repeated inappropriate behaviour. The following are examples of inappropriate behaviour which may constitute harassment. These examples of harassment are illustrative but not exhaustive:
- Verbal harassment, e.g. jokes, derogatory comments, ridicule or song
- Written harassment, e.g. faxes, text messages, e-mails or notices
- Physical harassment, e.g. jostling or shoving
- Intimidatory harassment, e.g. gestures or threatening poses
- Visual displays, e.g. posters, emblems or badges
- Persistent negative body language
- Ostracising a person
An act of harassment may occur outside the work premises or normal working hours provided the perpetrator was acting in the course of employment, for example, at a training course, conference or work-related social event.
What is Sexual Harassment?
Sexual harassment is any form of unwanted verbal, non-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.
The unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.
Sexual harassment may consist of a single incident or repeated inappropriate behaviour. It may be targeted at one employee or a group of employees. The following are some examples of inappropriate behaviour which may constitute sexual harassment. These examples are illustrative but not exhaustive:
- Physical conduct of a sexual nature, e.g. unwanted physical contact such as unnecessary touching, patting or pinching or brushing against another employee’s body
- Verbal conduct of a sexual nature, e.g. unwelcome sexual advances, propositions or pressure for sexual activity, continued suggestions for social activity outside the workplace after it has been made clear that such suggestions are unwelcome, unwanted and offensive flirtations, suggestive remarks, innuendos or lewd comments
- Non-verbal conduct of a sexual nature, e.g. the display of pornographic or sexually suggestive pictures, objects, written materials, emails, text-messages or faxes
- Unwanted or derogatory comments about dress or appearance
- Leering and suggestive gestures
An act of sexual harassment may occur outside the work premises or normal working hours provided the perpetrator was acting in the course of employment, for example, at a training course, conference or work-related social event.
How does Sexual Harassment and Harassment differ from Friendly Workplace Banter?
It is the unwanted nature of the conduct which distinguishes sexual harassment and harassment from friendly behaviour which is mutual and welcome. It is up to each employee to decide what behaviour is unwelcome, irrespective of the attitude of others, and from whom such behaviour is unwelcome. The fact that the employee has previously tolerated the behaviour does not stop him/her from objecting to it now.
Is Motive Relevant?
The intention of the person engaging in the unwelcome behaviour is irrelevant – the effect of the behaviour on the employee concerned is what is important.
Bullying/Harassment by Non-Employees
This Policy protects employees from bullying, sexual harassment or harassment perpetrated by a 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 that s/he has been subjected to inappropriate behaviour by a nonemployee, s/he should bring the matter to the attention of his/her manager so that the matter can be investigated and appropriate action taken.
What is Victimisation?
Victimisation is subjecting a person to a detriment because he/she has, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing him/her or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because he/she has made a complaint or giving him/her a heavier or more difficult workload.
Provided that you act in good faith, i.e. you genuinely believe that what you are saying is true, you have a right not to be victimised for making a complaint or doing anything in relation to a complaint of bullying or harassment.
