2.1 The Governing Body recognises that all employees have the right to work in an environment which is free of harassment. The purpose of this policy is to ensure that harassment does not occur.

2.2 If, however, it does occur, the Governing Body undertakes that allegations of harassment will be dealt with seriously and confidentially, using the procedures set out in the Annex to this Policy, and that employees will be protected against victimisation for making or being involved in a complaint. Following a formal investigation:-

2.3 The Governing Body is aware that harassment of an employee could be carried out by someone who is not an employee of the school. In such cases, the Governing Body will, in consultation with the Director of Education, endeavour to protect its employees through whatever appropriate procedures may be available to it (such as the procedures for dealing with violence to staff at work set out in Section 8 of the Department’s Health and Safety Manual.

2.4 This Policy is designed to accord with the terms of the EC Recommendation ‘Protection of the Dignity of Women and Men at Work’.

3.1 There is no single, simple definition. Harassment may, however, be summarised as conduct which is unwanted, unreasonable, and offensive to the recipient. This could be persistent behaviour over a period of time or a single serious incident. It is the deed itself and the impact on the recipient which determine what constitutes harassment rather than the intention of the perpetrator.

3.2 However, it is important to recognise that, in any work context, it is the legitimate role and duty of a manager to direct and instruct employees, and to monitor and provide feedback on their performance of the duties required of them in their job, having regard to their rights and in accordance with any agreed procedures.

4.1 Harassment may be directed at, and can be carried out by, an individual or a group of individuals.

4.2 Harassment can range from extreme forms such as violence and bullying to less obvious actions like ignoring someone at work. Forms of harassment may include:-

Again, this list is illustrative but not exhaustive.

4.4 Harassment is usually thought of in terms of a manager harassing a more junior member of staff. However, employees may be harassed by colleagues or subordinates. Harassment may also occur between people of the same sex or the opposite sex and may be deliberate or unintentional on the perpetrator’s part.

4.5 Harassment often involves the abuse of legitimate authority or organisational power. As such, it is often associated with and may be indistinguishable from bullying (see Section 5 below).

4.6 Some forms of harassment could constitute offences under criminal law (see Section 6 of the attached Complaints Procedure).

4.7 Some criminal offences involving harassment have been held to apply in situations where a person who is alarmed or distressed is not the individual targeted by the behaviour of the third party. So, for example, it is possible that a teacher might be distressed or alarmed by the behaviour of a group at the school gates. Employers may be held to be vicariously liable for harassment in the workplace. Accordingly, the Governing Body, by adopting this Policy, intends to take a clear stance with regard to harassment and bullying.

5.1 Bullying occurs when a person uses superior strength or power to coerce, persecute, or oppress others by fear. It may take the form of humiliating or undermining an individual’s skills and ability to such an extent that they may become fearful, their confidence crumbles, and they lose belief in themselves. This does not always arise from a supervisor/subordinate relationship, and may result from unacceptable peer pressure.

5.2 Bullying may take open forms such as shouting at someone, personal insults, name calling, persistent criticism, and humiliation. Alternatively, it may be more covert and conducted through setting objectives which cannot be met within a reasonable time-frame, the removal of responsibility without good reason, constantly changing work guidelines, inappropriate threats about use of disciplinary or capability procedures, or ignoring and excluding the individual from relevant discussions.

6. EFFECTS OF HARASSMENT

6.1 A victim of harassment or bullying may suffer physical and/or emotional symptoms such as disturbed sleep, nausea, lack of confidence or motivation, and depression.

6.2 Whatever the form of the harassment, the impact on the employee should not be underestimated. Harassment can lead to illness, increased absence, poor performance, and confusion over status and role leading to an apparent lack of commitment or even resignation. Harassment can also result in tension and conflict within the workplace and puts great strains on personal and family life. These all have a direct impact on the effectiveness of the school.

6.3 Failure to deal, or deal properly and promptly, with allegations or incidents of harassment at work may also leave the Governing Body and/or the County Council vulnerable to legal action in which financial remedies awarded have no upper limit, and can be considerable.

7.1 Governors, the Headteacher, and other school managers are responsible for the implementation of this policy, for ensuring that all staff have an awareness of the policy, and for taking corrective action to ensure compliance with it. This responsibility can be discharged by:-

7.2 Any complaint about harassment will be dealt with seriously, expeditiously and confidentially. Employees will be protected against victimisation or retaliation for bringing a complaint of harassment.

7.3 It is important that school managers understand that it is not primarily their perception of what conduct is acceptable which defines harassment. Rather it is the view of the recipient which is most important and if the recipient feels that they have been harassed the complaint must be taken seriously and actioned in the appropriate way (see 3.1).

7.4 All employees have a responsibility for ensuring that the working environment in school is free from harassment. All employees are required to comply with this policy and to treat their colleagues with dignity and respect. Employees can do much to discourage harassment by:-

8.1 The Governing Body has adopted the procedure set out in the Annex to this Policy for dealing with complaints of harassment. The procedure is intended to enable complaints to be dealt with sensitively and quickly, and provides for employees to raise problems with an officer other than the Headteacher or their line manager where this is necessary.

The procedure also allows for problems to be resolved informally where this is possible and appropriate. If the problem persists, or informal resolution is inappropriate, the formal complaints procedure will be followed.

8.2 Where a complaint has been upheld, management within the school will ensure that:-

9.1 It should be recognised that allegations of harassment are sometimes falsely made and, in all cases, the rights of alleged perpetrators need to be recognised.

9.2 Malicious or unfounded complaints of harassment can also have a devastating effect on the health, confidence, morale, and motivation of those falsely accused. It would not serve the interests of the school for any policy or procedure to be abused and for victims of malicious or unfounded allegations to have no redress. Complaints of harassment which are found to be intentionally frivolous, vexatious, or unreasonable will themselves be treated as misconduct in accordance with the disciplinary procedure at paragraph 2.2 of this policy.

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1.1 The Governing Body recognises that all the employees at its school have the right to be treated with dignity and therefore harassment at work will not be condoned. Members of staff who are harassed have the right to complain about such behaviour and this procedure is intended to ensure that complaints are dealt with sensitively, effectively and confidentially.

1.2 Most recipients of harassment simply want the harassment to stop. Both informal and formal methods of achieving this are available under this procedure.

1.3 By its very nature, harassment may make the normal channels for resolving problems difficult to use because of embarrassment, fear of not being taken seriously, fear of damage to reputation, fear of reprisal, or the prospect of jeopardising working relationships. In recognition of this, the procedure allows for the involvement of a variety of parties in a support role to the complainant.

1.4 This procedure is set out in flowchart form at the end of this Annex.

2.1 In the first instance informal ways of resolving problems should be tried, dependent on the nature and seriousness of the allegation. In some cases it may be possible and sufficient for the member of staff to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is not welcome, that it offends them or makes them uncomfortable, and that it interferes with their work.

2.4 Where the employee approaches a friend on the staff, it is important to respect the fact that this person may not wish to become involved. In such circumstances, the employee may consider contacting either Education Personnel Services or the LEA’s Counselling Helpline service to seek advice and informal assistance.

2.5 The role of the friend or representative at this stage is not to impose a solution but to offer support, explore possible options open to the employee, and assist the employee to choose a suitable and satisfactory course of action. The friend or representative may feel it is appropriate to assist in resolving the problem by acting as mediator. In carrying out this function, s/he will be protected from victimisation and will not be forced to disclose any confidences arising from their assistance with the informal stages of this procedure.

2.6 Even where an informal approach is enough to resolve the immediate problem, the employee should keep a record of any incidents, including a note of any witnesses. Similarly, where the Head or other management representative is involved in resolving the problem informally or formally, proper notes must be kept to document the action taken.

3.1 As an alternative to other informal approaches, or as an agreed way of attempting to resolve a formal complaint, there may be occasions on which the Headteacher or investigating officer can help to broker a solution by means of a conciliation meeting between the complainant and the alleged perpetrator. This should only be done with the agreement of both parties, who may each bring a friend or a representative to the meeting.

3.2 There should be a commitment to change any offending behaviour and the attention of both parties should be drawn to the County Council’s counselling service.

3.3 The Headteacher or investigating officer convening the meeting should make a record of the alleged incident and the outcome of the meeting. To indicate agreement with the outcome, all parties should sign the record which will remain confidential to the signatories.

4.1 If the conduct continues, or it is not appropriate to resolve the problem informally, either because the complainant regards attempts at informal resolution as inappropriate because of the serious nature of the complaint or where informal attempts at resolution have failed, the issue should be raised through the formal stage of the school’s Grievance Procedure (see Section 7 of the Handbook).

4.6 Where the perpetrator is transferred, any disadvantage which they suffer would not be in breach of their contract of employment if the transfer is offered as an alternative to dismissal.

4.7 Where the complaint is not upheld but because of the investigatory process it would be difficult for the parties to work together, consideration should be given, where practicable, to a voluntary transfer of one or both of the employees concerned or rescheduling of their work rather than requiring them to continue to work together against the wishes of either party.

4.8 If an investigation brings to light circumstances that would warrant a referral to the criminal authorities, the complainant should be advised that they have right to do so. However, this should normally be done through the Headteacher or, where the alleged perpetrator is the Headteacher, through the Chair of Governors.

5.1 If either party is of the view that they have not been dealt with properly in relation to a formal complaint under this policy, they may ask the Governing Body to convene a meeting of its Appeals Committee to review the case.

6.1 Not withstanding the terms of this procedure, employees may have the right under the Sex Discrimination Act, the Race Relations Act, or the Disability Discrimination Act to bring a complaint of unlawful discrimination before an Employment Tribunal or to the Courts. Normally, complaints must be brought within three months of the incident occurring. There is no service qualification required to allow such a complaint to be lodged.

6.2 Additionally, if someone has been dismissed because they objected to conduct towards them which they found unacceptable, or if they resigned because of a fundamental breach of contract by or on behalf of their employer, they may be able to bring a complaint of unfair dismissal (constructive dismissal) to an Employment Tribunal. The complaint must be brought within three months of the termination of the employment. However, to be entitled to use this remedy, a person must have completed one year's continuous employment with their employer.

6.3 Acts of harassment which lead to breakdowns in an employee’s health could form the basis for legal action under Section 2 of the Health and Safety at Work Act 1974. This places all employers under a duty to ensure the health, safety, and welfare of all employees and to create safe and healthy working systems. The Management of Health and Safety at Work Regulations 1992 expand on this by requiring employers to assess work-related risks to the health and safety of their employees in a way which takes account of the individual employee’s capabilities.

6.4 Some acts of harassment are so serious that they may give grounds for criminal claims for assault, civil claims for negligence or breach of contract, or criminal claims under the following statutes:-

6.5 The Criminal Justice and Public Order Act 1994 defines harassment as a person causing another person harassment, alarm, or distress by:-

Under the Act, harassment of an employee by the employer, colleagues, or members of the public constitutes a criminal offence.

6.6 The Protection from Harassment Act came into force in June 1997. It was

designed as an anti-stalking measure but is a widely-drawn piece of legislation with potential application to a variety of situations including the employment context.

Rights into English law and enables victims to pursue remedies for breach of their rights in the English Courts. In operating this Policy and Procedure, the Governing Body will ensure that the rights of both complainants and alleged harassers are not infringed. The relevant rights are:-