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Handling and Prevention of Bullying and Harassment Policy

1. Purpose

The purpose of this policy is to ensure that our care home provides a safe, respectful, and inclusive working environment where bullying and harassment are not tolerated. Every member of staff, including care workers, nurses, administrative personnel, and managers, as well as the people we support and visitors, has the right to work and receive care in an environment free from intimidation, humiliation, or abuse.

This policy supports compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (including the Fundamental Standards), and CQC expectations that people are protected from bullying, harassment, discrimination and abuse. It also supports compliance with employment and equality legislation, including the Equality Act 2010, and the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the duty on employers to take reasonable steps to prevent sexual harassment of workers).

2. Scope

This policy applies to:

• All staff members, volunteers, agency workers, and contractors.
• People we support, their families, and visitors.

It covers all forms of bullying and harassment, including but not limited to:

• Verbal abuse, such as name-calling, insults, threats, or belittling remarks.
• Physical abuse, such as unwanted touching, pushing, or assault.
• Psychological abuse, including intimidation, humiliation, or spreading malicious rumours.
• Cyberbullying, including sending threatening emails, messages, or using social media to harass someone.
• Sexual harassment, including unwelcome sexual advances, inappropriate jokes, or comments of a sexual nature.
• Discriminatory harassment, targeting an individual’s race, gender, religion, disability, or any other characteristic protected under the Equality Act 2010.

3. Definitions

• Bullying is unwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. It may be a one-off incident or repeated behaviour.
• Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
• Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect described above.
• Victimisation is treating someone badly because they have made, or supported, a complaint under this policy, or because they are suspected of doing so.
• Third-party harassment is harassment by someone who is not an employee (for example, a visitor, contractor, professional, or another person using the service). We will address third-party harassment as seriously as harassment by staff.

4. Related Policies

This policy aligns with the following key policies:

• CH08 – Dignity and Respect Policy, ensuring respectful interactions.
• CH28 – Staff Conduct and Code of Ethics Policy, maintaining professional behaviour.
• CH29 – Whistleblowing (Speaking Up) Policy, providing a safe reporting mechanism.
• CH30 – Equality, Diversity, and Inclusion Policy, ensuring non-discriminatory practices.
• CH31 – Disciplinary and Grievance Policy, addressing misconduct and enforcing consequences.

5. Policy Statement

Our care home has a zero-tolerance approach to bullying and harassment. We are committed to:

• Preventing bullying and harassment through proactive measures.
• Providing a clear process for staff and individuals to report concerns confidentially.
• Taking swift, impartial, and effective action against bullying and harassment.
• Ensuring all staff receive training on recognising, preventing, and reporting bullying.
• Fostering a culture of respect, inclusion, and psychological safety in the workplace.

6. Implementation – How We Manage Bullying and Harassment Efficiently

6.1 Recognising and Preventing Bullying and Harassment

We ensure that all staff understand what constitutes bullying and harassment and how to prevent it by:

• Providing clear guidelines on acceptable and unacceptable behaviour during induction and ongoing training.
• Conducting regular training sessions on workplace respect, professional behaviour, and legal obligations.
• Encouraging a culture of openness, where concerns can be raised without fear of retaliation.
• Promoting positive relationships, encouraging teamwork, active listening, and mutual support among staff and people we support.
• Providing managers with training on identifying signs of workplace bullying and handling complaints effectively.

6.2 Reporting Bullying and Harassment

All staff and individuals have the right to report bullying and harassment in confidence.

Concerns can be raised through the following channels:

• Informal Reporting – Staff are encouraged to address minor concerns directly with the individual involved if they feel safe doing so. If uncomfortable, they can report to their line manager for mediation.
• Formal Reporting – If the issue is serious or persists, staff must report it formally to the Registered Manager. Complaints can be made verbally or in writing.
• Anonymous Reporting – Staff can also report concerns anonymously via the whistleblowing mechanism outlined in CH29 – Whistleblowing Policy.
• Third-Party Reporting – If a person we support or a visitor experiences or witnesses bullying, they can report it to the Registered Manager or any senior staff member.

All reports should be directed to:

• Registered Manager: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
• Email: {{org_field_registered_manager_email}}
• Phone: {{org_field_registered_manager_phone}}

If the concern involves a person using the service (as the person affected and/or the alleged source), staff must also consider safeguarding procedures immediately, including contacting the local authority safeguarding team in line with local multi-agency arrangements. Where the matter meets CQC notification requirements (for example, abuse or an allegation of abuse concerning a person using the service), the Registered Manager (or delegated senior) will submit the relevant statutory notification to CQC without delay using the CQC provider portal/form.

6.3 Investigating Reports of Bullying and Harassment

All reported concerns will be taken seriously and investigated fairly and promptly.

The investigation process includes:

• Acknowledging the complaint within 48 hours and explaining the next steps.
• Conducting a confidential investigation, including speaking with all involved parties and witnesses.
• Gathering evidence, such as emails, CCTV footage, or written statements.
• Ensuring the process is fair and unbiased, and that the alleged perpetrator has an opportunity to respond to the allegations.
• Allowing the employee to be accompanied at formal meetings in line with our Disciplinary and Grievance Policy.
• Recording decisions and rationale clearly, storing records securely, and handling all personal data in line with UK GDPR and the Data Protection Act 2018 (sharing information only on a need-to-know basis).
• Where allegations indicate safeguarding risks, the investigation will run alongside (and not compromise) safeguarding enquiries and any police/regulator involvement.
• Taking appropriate action, which may include disciplinary procedures, mediation, or further training.
• Providing feedback to the complainant, outlining the findings and actions taken, while maintaining confidentiality.
• Ensuring no retaliation against individuals who report concerns in good faith.

6.4 Consequences of Bullying and Harassment

If bullying or harassment is proven, appropriate action will be taken, including but not limited to:

• Formal warning for minor incidents.
• Mediation or conflict resolution sessions between parties.
• Mandatory retraining on professional behaviour and respect.
• Suspension or dismissal for serious or repeated offences.
• Referral to external regulatory bodies if the misconduct breaches legal or safeguarding requirements.

6.5 Supporting Staff Affected by Bullying or Harassment

We provide support to any staff member affected by bullying or harassment, including:

• Confidential counselling and well-being support.
• Temporary adjustments to work arrangements, if needed.
• Regular follow-ups to ensure that the individual feels safe and supported.
• Encouraging peer support networks, fostering a culture of respect and protection.

6.6 Leadership Responsibilities

Managers and senior staff are responsible for:

• Promoting an inclusive and respectful culture.
• Acting immediately on reports of bullying.
• Ensuring fair investigations and outcomes.
• Leading by example by upholding the highest ethical standards.

7. Preventing sexual harassment (reasonable steps duty)

To meet our legal duty to take reasonable steps to prevent sexual harassment, we will:

• carry out and document risk assessments for sexual harassment (including risk from third parties such as visitors/contractors);
• provide role-specific training at induction and at least annually;
• ensure multiple reporting routes (including anonymous reporting) and prompt action;
• take proportionate action to control risks (for example: supervision changes, visitor restrictions where appropriate, behaviour agreements, environmental controls, and clear consequences);
• monitor themes/trends and use learning to improve practice.

8. Compliance with CQC Standards

This policy supports compliance with CQC’s expectations under the Single Assessment Framework that people are protected from bullying, harassment, abuse and discrimination.
It also supports compliance with the following key requirements (as applicable to the concern raised):

• Regulation 10 (Dignity and respect)
• Regulation 13 (Safeguarding service users from abuse and improper treatment)
• Regulation 17 (Good governance – systems to assess/monitor/improve quality and mitigate risks)
• CQC Registration Regulations – notifications where required (including abuse/allegations of abuse involving a person using the service)
• Equality Act 2010 and the Worker Protection (Amendment of Equality Act 2010) Act 2023 (duty to take reasonable steps to prevent sexual harassment).

9. Monitoring and Review

This policy will be reviewed annually, or sooner if:

• There are changes in CQC regulations or employment law.
• A serious bullying or harassment incident requires policy adjustments.
• Staff feedback suggests improvements to current processes.

The Registered Manager is responsible for ensuring compliance, handling reports efficiently, and promoting a respectful workplace culture.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
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