It is the management’s responsibility to ensure that the work environment gives all employees the freedom to do their work without having to suffer harassment, sexual harassment or bullying perpetrated by other staff, service users or other persons with whom they come into contact in the course of their employment. This policy applies to staff in the workplace, or any other place attended in the course of employment including off-site training events and certain social activities organised by the Company.
What are Harassment, Sexual Harassment and Bullying?
Sexual Harassment is a form of discrimination which is unlawful under the Employment Equality Acts, 1998 and 2004. It is defined as any form of 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 consist of acts, requests, spoken words, gestures, or the production, display or circulation of written words, pictures or other material.
The following examples are common, but not exclusive, of sexual harassment:
- Unwelcome sexual attention
- Sexual mockery or innuendo
- Staring/leering
- Offensive publications/literature
- Deliberate body contact ranging from touching to assault
- Offensive letters/notes/use of technology
- Unwanted verbal or physical advances
- Words or actions of a sexual nature or with sexual undertones even if the offence is not specifically intended
- Display in the workplace of material of an explicitly sexual nature, which is objectionable to the recipient, causes offence, discomfort or humiliation, or interferes with a person’s ability to work
- Sexual gestures
- Displaying sexually suggestive objects, pictures, calendars or sending suggestive and pornographic correspondence, including text messages, phone images or pictures, or emails and the internet
- Unwelcome sexual comments and jokes
- Unwelcome physical conduct such as pinching, unnecessary touching, etc
All employees of NCU Training have a right to a working environment free of sexual harassment.
Harassment is also a form of discrimination which is unlawful under the Employment Equality Acts 1998 and 2004. Harassment is defined as any act or conduct, 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 on any of the following discriminatory grounds: Gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community. The unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display, circulation of written words, pictures or other material.
The following examples are common, but not exclusive, of harassment:
- Production, display or circulation of offensive material
- Maliciously gossiping
- Racist jokes or comments
- Offensive gestures
- Excluding or omitting a person within the workplace
- Verbal threats
All employees of NCU Training have a right to a working environment free from any form of harassment.
Workplace bullying is an unacceptable form of behaviour which can have an adverse impact on the recipient of the behaviour. Therefore, bullying is very often considered to be a breach of the Health, Safety and Welfare at Work Act 2005. Bullying is defined as 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.
An isolated incident of the behaviour described in this definition may be an affront to dignity at work, but as a once off incident is not considered to be bullying.
The bullying can include conduct offensive to a reasonable person, e.g. oral or written slurs, physical contact, gestures, jokes, displaying pictures, flags/emblems, graffiti or other material which state/imply prejudicial attitudes which are offensive to fellow employees.
Other examples of bullying behaviour include:
- Personal insults and name calling
- Persistent unjustified criticism and sarcasm
- Public or private humiliation
- Shouting at staff in public and/or in private
- Sneering
- Instantaneous rage, often over trivial issues
- Unfair delegation of duties and responsibilities
- Setting impossible deadlines
- Unnecessary work interference
- Making it difficult for staff to have access to necessary information
- Aggression
- Not giving credit for work contribution
- Continuously refusing reasonable requests without good reasons
- Intimidation and threats in general
Bullying does not include normal managerial instructions or requests made by management in the course of business. Every employee is entitled to a work environment free from workplace bullying.
Management is committed to treating any allegation of harassment, sexual harassment and bullying as a serious issue. Where proven, these behaviours constitute misconduct and gross misconduct under the organisation’s normal disciplinary procedure. For very serious incidents or repeated incidents of these behaviours after warnings and due investigation, dismissal is a potential result.
Identifying Inappropriate Behaviour
Management is aware that it is not always easy to clearly identify harassment, sexual harassment or bullying merely through behaviour. It is a matter of individual perception and what one person may consider inappropriate may not be considered so by another. Management will take these difficulties of definition and perception into account in all cases.
Employees who are subject to harassment, sexual harassment or bullying should follow the procedure as outlined below.
Complaints will be dealt with as quickly as possible and treated with sensitivity. Complaints will also be treated confidentially as far as possible.
The victimisation of a complainant or of an employee, who gives evidence regarding a complaint under this procedure, will be subject to disciplinary action.
All Managers and Supervisors will be required to implement this policy and to set appropriate standards of behaviour by their own example.
All employees are required to comply with this policy and are responsible for ensuring that harassment, sexual harassment or bullying does not occur at any level in the organisation. However, the ultimate responsibility rests with the management.
- An employee who feels that they are being treated inappropriately should first attempt to resolve the problem informally if this is possible. He or she should explain clearly to the alleged perpetrator that the behaviour in question is unwelcome and offensive.
- If the employee finds it difficult or embarrassing to communicate directly with the perpetrator, he or she should communicate with the assistance of a third party, for example, a friend, sympathetic colleague, line supervisor/manager, or union representative.
- In choosing the assistance of a third party, the employee needs to be happy that this person is competent to deal with the situation and also that the person is comfortable doing this.
If the problem continues, or if it is not appropriate to resolve the problem informally, (for example, because of the severity of the harassment), it will be necessary to process the complaint through the procedure as outlined below.
- The complainant should make notes of the incidents and dates and report immediately. The formal complaint should be lodged in writing.
- The perpetrator will be informed of the allegation made against him/her as soon as is possible and provided with a copy of the allegation. The perpetrator will be given an opportunity to respond to such allegations.
- All complaints will be dealt with promptly and confidentially, as far as possible, keeping the complainant informed at all stages.
- Both parties should seek appropriate advice/representation as soon as possible.
- Two members of management, who have received appropriate training to enable them to pursue the investigation in a sensitive and objective manner, will investigate the complaints, where practicable. The advice/assistance of an outside expert will be available to the investigators if necessary.
- Gender balance and balance on the other grounds will be taken into account on the investigation team where possible.
- The investigation will be pursued with due respect for the rights of both the complainant and the alleged harasser.
- The investigation will be carried out with the minimum of delay consistent with fairness to both parties.
- All parties will be requested to respect the confidential nature of the investigation process.
- Both parties may be accompanied or represented at interviews held during the investigation.
- The investigator/s will keep a record of all interviews/meetings held during the investigation.
- If at the end of the investigation it is clear that the complaint was valid, appropriate action will be taken to ensure that the behaviour ceases immediately and to prevent its recurrence. Possible actions may include disciplinary sanctions ranging from a verbal warning to transfer or dismissal, depending on the severity of the behaviour. Other actions may include training, management skills development, or mediation between the parties. Management will inform the complainant what action is to be taken following a fair disciplinary hearing. Where appropriate, an apology and assurance of no recurrence may suffice.
- Where the transfer of one of the parties is appropriate, the complainant will not be transferred unless he or she requests a transfer.
- Employees will be protected from intimidation; victimisation or discrimination resulting from reporting alleged sexual harassment or assisting with the investigation. Any victimisation is in itself a breach of equality legislation and will be dealt with under the disciplinary or grievance procedure as appropriate.
- Management will carefully monitor the workplace following a complaint, which is held to be well founded, with particular reference to the offender’s behaviour and the prevention of victimization of the complainant. If further harassment is noted, action will be taken by management to bring it to an end, disciplinary procedures up to and including potential dismissal will be taken.
- Where a complaint is not upheld by the formal investigation, this does not necessarily indicate that the complaint had malicious intent. While a malicious complaint will generally be treated as misconduct under the disciplinary procedure, the application of this provision should not in any way deter employees from bringing forward legitimate complaints.
- In a situation where the complainant may not be satisfied with the outcome or findings from the complaints procedure, he/she can address the matter with a sub-group of the board of directors of the company convened for that purpose.
Any staff member seeking to address an issue under this policy, lodging a complaint in line with the complaints procedure, or acting as a witness or representative under this procedure will be protected from victimisation. Victimisation occurs where a person is treated adversely for their involvement in such situations. Any victimisations must be reported to the Manager or a member of the management team immediately and will be investigated and dealt with through the disciplinary procedures.