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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Handling and Prevention of Bullying and Harassment Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} provides a safe, respectful, and inclusive working environment where all staff, service users, and visitors are treated with dignity and respect. This policy sets out the organisation’s zero-tolerance approach to bullying and harassment and ensures compliance with Care Inspectorate Wales (CIW) regulations and relevant employment laws.

{{org_field_name}} is committed to:

• Preventing bullying and harassment in the workplace.
• Providing a clear reporting structure for concerns related to bullying and harassment.
• Ensuring that all complaints are taken seriously, investigated promptly, and handled fairly.
• Complying with legal and regulatory obligations to protect staff and service users from harm.
• Promoting a positive work culture based on respect, professionalism, and inclusivity.

2. Scope

This policy applies to:

• All employees (full-time, part-time, temporary, agency, and contract workers).
• Volunteers, trainees, and students on placements.
• Service users and their families or representatives.
• Contractors and third parties interacting with the organisation.

It covers incidents of:

• Bullying – Repeated and intentional behaviour that intimidates, humiliates, or undermines an individual.
• Harassment – Unwanted conduct that creates a hostile, intimidating, or offensive environment based on race, gender, religion, disability, or other protected characteristics.
• Discrimination – Unequal treatment based on protected characteristics under the Equality Act 2010.
• Cyberbullying – Online harassment, including inappropriate emails, social media messages, or malicious rumours.

3. Legal and Regulatory Framework

This policy should be read alongside and implemented in accordance with:

• Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, including the statutory guidance for domiciliary support services (as published/updated).
• Social Services and Well-being (Wales) Act 2014 and the Wales Safeguarding Procedures, where bullying/harassment relates to abuse, neglect or improper treatment of an individual receiving care and support.
• Equality Act 2010 (harassment, sexual harassment, victimisation and discrimination because of protected characteristics).
• Worker Protection (Amendment of Equality Act 2010) Act 2023 (in force 26 October 2024) which places a legal duty on employers to take reasonable steps to prevent sexual harassment of employees in the course of employment.
• Health and Safety at Work etc. Act 1974 (duty to protect employees from risks to health, including psychosocial risks such as bullying and harassment).
• Employment Rights Act 1996 and the organisation’s grievance/disciplinary procedures.
• Social Care Wales Codes of Practice (workers and employers), which set expectations on standards of conduct, safe culture, and the way concerns are raised and managed.
• UK GDPR and Data Protection Act 2018 for handling and retention of complaint/investigation records.

4. Definition of Bullying and Harassment

4.1 Bullying

Bullying is repeated, offensive, intimidating, malicious, or insulting behaviour that undermines an individual’s confidence and self-esteem. Examples include:

• Verbal abuse – Insults, shouting, persistent criticism, or belittling comments.
• Exclusion – Deliberately isolating an individual from meetings, social events, or work activities.
• Unfair workload distribution – Assigning unrealistic tasks to set an individual up for failure.
• Misuse of power – Managers or colleagues using their position to intimidate or undermine others.

4.2 Harassment

Harassment is unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment may be a single incident or a series of incidents and may be intentional or unintentional. It can occur face-to-face, in writing, by telephone, online or via social media, and may be carried out by staff, service users, families/representatives, visitors or other third parties. This includes:

• Sexual harassment – Unwanted advances, inappropriate touching, or sexually explicit comments.
• Racial harassment – Discriminatory remarks, jokes, or exclusion based on race or ethnicity.
• Disability harassment – Mocking or belittling someone’s physical or mental condition.
• Cyber harassment – Sending threatening or abusive messages online.

4.3 Discrimination

Discrimination occurs when an individual is treated unfairly because of a protected characteristic under the Equality Act 2010. Protected characteristics under the Equality Act 2010 are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including colour, nationality and ethnic or national origins)
• Religion or belief
• Sex
• Sexual orientation

4.4 Victimisation

Victimisation is when a person is treated badly because they have made, or supported, a complaint or concern under this policy (or are believed to have done so), or because they have provided information or evidence in connection with a complaint. Victimisation is prohibited and may result in disciplinary action.

{{org_field_name}} will take reasonable steps to protect anyone who raises a concern in good faith from retaliation, intimidation, detriment or unfair treatment.

5. Prevention Strategies

5.1 Creating a Positive Workplace Culture

• Leaders set an example by demonstrating respect, fairness, and inclusivity.
• Regular team meetings promote open communication and collaboration.
• Diversity and inclusion training ensures that all staff understand appropriate workplace behaviour.

How we manage this efficiently:

• Annual staff surveys assess workplace culture and identify areas for improvement.
• A confidential employee feedback system allows concerns to be raised anonymously.

5.2 Staff Training and Awareness

• All employees receive anti-bullying and harassment training during induction.
• Managers receive additional training on handling complaints sensitively.
• Regular refresher courses reinforce the importance of respectful workplace behaviour.

How we manage this efficiently:

• E-learning modules provide flexibility for staff to complete training at their own pace.
• Case studies and role-play scenarios help staff recognise and address bullying behaviour.

5.3 Policies and Procedures Enforcement

• A clear Code of Conduct outlines expected workplace behaviour.
• Any staff member found engaging in bullying or harassment will face disciplinary action.
• Service users and visitors are informed of their responsibility to treat staff with respect.

How we manage this efficiently:

• Policy reminders are issued through internal communications.
• Quarterly audits ensure policy compliance.

5.4 Preventing Sexual Harassment

From 26 October 2024, employers have a legal duty to take reasonable steps to prevent sexual harassment of employees in the course of employment.

To meet this duty, {{org_field_name}} will implement and keep under review proportionate controls which may include (as appropriate to the service):

• regular assessment of where/when staff may be at increased risk (e.g., lone working, working in service users’ homes, night visits, travel, situations involving alcohol/substance misuse, or repeated contact with an individual/household);
• clear expected standards of behaviour for staff, service users, families/representatives and visitors, including how boundaries are maintained in domiciliary settings;
• induction and refresher training for all staff, and enhanced training for managers on receiving/discussing sensitive reports;
• clear, accessible reporting routes including options where the concern involves a line manager;
• prompt, fair investigations and appropriate action (including disciplinary action, referral to professional bodies, police referral, and/or service-user risk management actions where relevant);
• monitoring of themes and trends (including anonymous reporting), and periodic review of this policy and associated procedures.

6. Reporting and Investigation Process

6.1 How to Report Bullying or Harassment

Staff or service users experiencing or witnessing bullying should:

1. Attempt to address the behaviour informally by speaking to the person involved (if they feel safe to do so).
2. Report the issue to their line manager or the Registered Manager.
3. Use the organisation’s formal grievance procedure if the issue persists.
4. Escalate concerns to the Responsible Individual or external bodies (CIW, ACAS, or trade unions) if necessary.

Safeguarding note (regulated service): If the concern involves (or may involve) abuse, neglect or improper treatment of a person receiving care and support, staff must follow the organisation’s safeguarding procedures immediately, including referral to the local authority and/or police where required, and making appropriate regulatory notifications.

Where a concern relates to abuse or suspected abuse, an “appropriate person” to report to may include the service provider, the Responsible Individual, CIW, the local authority, or the police (and the NSPCC for child concerns), in line with regulatory expectations.

6.2 Investigation Process

1. Acknowledgement of the complaint within 48 hours.
2. A neutral investigator is assigned to gather evidence, interview witnesses, and assess the case.
3. A formal investigation report is completed within 10 working days.
4. Findings and actions are communicated to the complainant and accused.

How we manage this efficiently:

• Investigations follow a structured and impartial process.
• Mediation is offered where appropriate to resolve conflicts amicably.

7. Support for Employees and Service Users

7.1 Support for Complainants

• Confidential counselling services are available for affected employees.
• HR provides guidance on additional support options.

7.2 Support for Accused Individuals

• If the complaint is unproven, the accused receives support to reintegrate into the team.
• If misconduct is proven, appropriate disciplinary action is taken, including training or dismissal.

7.3 Third-Party Mediation

• Independent mediators may be brought in to resolve disputes before formal procedures escalate.

7.4 Support for Individuals (Service Users) and Representatives

Where a service user or their representative raises a bullying/harassment concern (including concerns about staff behaviour), {{org_field_name}} will explain the available routes to raise the matter, including the complaints process and, where relevant, safeguarding processes. Individuals and representatives will be offered information on support available to help them raise a concern, including how to access independent professional advocacy where appropriate.

8. Related Policies

This policy aligns with:

• Staff Conduct and Code of Ethics Policy (DCW28)​.
• Equality, Diversity, and Inclusion Policy (DCW30)​.
• Whistleblowing (Speaking Up) Policy (DCW29)​.
• Disciplinary and Grievance Policy (DCW31)​.

• Safeguarding Adults and Children Policy and Procedures (aligned to the Wales Safeguarding Procedures).
• Complaints Policy / Concerns and Complaints Procedure.
• Data Protection and Confidentiality Policy (UK GDPR / Data Protection Act 2018).

9. Policy Review

This policy will be reviewed annually or sooner if required due to changes in legislation, business needs, or CIW regulations. The Registered Manager and Responsible Individual are responsible for ensuring its accuracy and implementation.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.