N72. Racial Harassment

Policy Statement

This policy sets out the values, principles and procedures underpinning {{org_field_name}}’s approach to racial harassment. The aim is to ensure that staff can work, and service users can live, free from the fear of racial harassment.

The outcomes should be to:

reduce the incidence of racial harassment to an absolute minimum
ensure that all staff are aware of their own behaviour and of the effect that their behaviour can have on others.

{{org_field_name}} operates a “zero tolerance” approach to racial harassment. {{org_field_name}} believes that every member of staff and service user has the right to work or live free from the threat of racial discrimination, harassment or abuse. Occurrences of racial discrimination, harassment or abuse will not be tolerated by {{org_field_name}} and perpetrators will be subject to {{org_field_name}}’s disciplinary procedure.

Definition

{{org_field_name}} understands racial harassment to be any behaviour, deliberate or otherwise, pertaining to race, colour, ethnic or national origin, which is unwanted by the recipient and creates an intimidating, hostile or offensive environment. It may be directed at an individual or group.

{{org_field_name}} recognises examples of racial harassment to include:

verbal racist abuse and using offensive racist language, including racist insults and “jokes” and the ridicule of a person because of their race, nationality or ethnic origins
making threatening, intimidating and derogatory remarks about a person’s race, colour, nationality or ethnic or national origins
consistent complaints and derogatory remarks about a person’s race, colour, nationality or ethnic or national origins
racially motivated assault including actual bodily harm and grievous bodily harm
sending written racist material or correspondence through the post or by e-mail or making abusive telephone calls of a racist nature
racially motivated damage to property and possessions
racially aggravated assault based on the victim’s membership (or presumed membership) of a racial group.

Legal Considerations and Statutory Guidance

The Equality Act 2010 is the main legislation dealing with racial harassment.

Procedures

All employees, service users (and visitors to care homes) have the right to:

work in a workplace free from racial harassment
be protected from racial harassment
complain of racial harassment
be free from false allegations of racial harassment.

All employees found responsible of racial harassment, racial discrimination or racial abuse in the workplace, whether directed at other staff or at service users, will be disciplined or dismissed as directed by {{org_field_name}}’s disciplinary procedure.

Any employees who have suffered racial harassment in the course of their work will be supported by {{org_field_name}} and will be, depending upon the circumstances, eligible for counselling and support.

Any employee found to have made false allegations of racial harassment may also be subject to {{org_field_name}}’s disciplinary procedure.

In {{org_field_name}}, staff should report harassment or bullying to the manager or another responsible senior member of staff, as soon as is possible after the incident or sequence of incidents. Staff who do not wish to approach the manager, or if the manager is the alleged culprit, should approach the owner or a workplace representative.

Upon reports or the witnessing of racial harassment the manager or responsible person should:

discuss whether or not the individual wishes to make an allegation of racial harassment
provide support to employees wishing to make a complaint of racial harassment
obtain a full written statement from the complainant
if possible, take statements from all persons who may have witnessed the alleged harassment
ask the alleged harasser to provide a full statement of their side of events
investigate the reports/statements and if there is a case to answer hold a disciplinary meeting under {{org_field_name}}’s disciplinary and appeals procedure with the alleged harasser so that they may have the opportunity to answer to the complaint and justify, excuse or defend their conduct
apply the disciplinary and appeals procedure, which may lead to the case being dismissed or to an official warning or, potentially, dismissal for those responsible for racial harassment in the workplace
provide support and counselling, if needed, for employees suffering from the consequences of racial harassment.

Allegations of racial harassment should be investigated swiftly and confidentially, whilst ensuring the rights of all are protected.

Training

All new staff should read the policy on racial harassment and {{org_field_name}}’s Equal Opportunities Policy as part of their induction process.

Training is a key part of any strategy to eliminate racial harassment, and such training should be included in the induction training for all new staff. In-house training sessions should be conducted at least annually and all relevant staff should attend.

The training should:

educate all employees about what exactly constitutes workplace racial harassment
educate all staff of {{org_field_name}}’s policy of not tolerating racial harassment
provide training to managers on how to deal with cases of racial harassment in the workplace
educate staff of what to do if they have a complaint.

Reviewed on: {{last_update_date}}

N72. Racial Harassment