Login

CHW32-Handling and Prevention of Bullying and Harassment Policy

{{org_field_logo}}

{{org_field_name}}

Registration Number: {{org_field_registration_no}}

Handling and Prevention of Bullying and Harassment Policy

1. Purpose

The purpose of this policy is to prevent, identify, and address bullying and harassment in the workplace, ensuring that all individuals within {{org_field_name}} are treated with dignity and respect. This policy applies to all forms of bullying and harassment, whether directed at staff, service users, or visitors, and aims to promote a positive, safe, and inclusive work environment.

This policy is designed to support {{org_field_name}} to provide services in a way that is safe, respectful, person-centred and compliant with the legal and regulatory framework in Wales. It should be read alongside the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 as amended, the Welsh Government’s statutory guidance for providers of care home and domiciliary support services (updated 27 March 2024), the Social Services and Well-being (Wales) Act 2014, the Equality Act 2010, the Health and Safety at Work etc. Act 1974, the Wales Safeguarding Procedures, and the Codes of Professional Practice and guidance issued by Social Care Wales.

This policy also supports the provider’s duties in relation to safeguarding, complaints, whistleblowing, duty of candour, staff conduct, governance, and quality improvement. Bullying, harassment, victimisation or sexual harassment may amount to misconduct, gross misconduct, a safeguarding matter, a professional conduct matter, or a criminal matter depending on the circumstances, the people involved, and the impact on the individual.

In addition, from 26 October 2024 employers have a legal duty to take reasonable steps to prevent sexual harassment of workers. {{org_field_name}} will take proactive steps to prevent sexual harassment, including risk assessment, clear reporting routes, training, supervision, prompt action, and review of incidents and patterns of concern.

2. Scope

This policy applies to all employees, workers, agency staff, bank staff, volunteers, students, contractors, consultants, visiting professionals, Responsible Individuals, directors, managers and anyone else working for or on behalf of {{org_field_name}}. It also applies to conduct affecting people who use the service, their families, representatives, advocates, visitors and others who come into contact with the service.

This policy applies in all work-related settings including the care home premises, off-site visits, meetings, training, supervision, work-related social events, transport, digital communications, telephone calls, emails, messaging applications, and social media where there is a connection to the workplace or the service.

This policy covers bullying, harassment, sexual harassment, victimisation, cyberbullying, discriminatory behaviour, abuse of authority, offensive or humiliating conduct, exclusionary behaviour, malicious gossip, intimidation, retaliation after reporting, and inappropriate conduct by third parties including visitors, relatives, professionals, contractors or others.

3. Definitions

3.1 Bullying

Bullying is offensive, intimidating, malicious, insulting or abusive behaviour, or misuse of power, that has the purpose or effect of undermining, humiliating, denigrating or injuring another person. Bullying may be a pattern of behaviour or, in some circumstances, a single serious incident. Bullying can be verbal, non-verbal, written, digital, physical, social or psychological. It may occur between colleagues, from managers to staff, from staff to managers, between staff and people using the service, from people using the service or visitors towards staff, or between any persons connected with the service.

3.2 Harassment

Harassment is unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Protected characteristics include age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, together with the other characteristics protected by law. Harassment can include spoken comments, gestures, exclusion, practical jokes, written material, images, online content, touching, threats or any other unwanted behaviour.

3.3 Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Examples include sexual comments, jokes or gestures, intrusive questions, displaying sexual images, unwanted messages, sexual propositions, inappropriate touching, or any other unwanted sexual behaviour. {{org_field_name}} will take reasonable steps to prevent sexual harassment and will address all allegations promptly, including allegations involving third parties.

3.4 Victimisation

Victimisation occurs when a person suffers a detriment because they have made, supported or are believed to have made or supported a complaint, allegation, safeguarding referral, witness statement or whistleblowing disclosure under this policy or under equality, safeguarding or employment law. Victimisation is prohibited and may amount to gross misconduct.

3.5 Safeguarding Concern

A bullying or harassment incident must be treated as a safeguarding concern where it involves abuse, neglect, improper treatment, sexual misconduct, discriminatory abuse, coercion, intimidation, exploitation, humiliation, unlawful restraint, a person in a position of trust, a person receiving care and support, or any conduct that places a child or an adult at risk at risk of harm. In such cases, safeguarding procedures must be followed immediately in addition to this policy.

3.6 Position of Trust

In care services, staff, volunteers, managers, professionals and others working on behalf of the service may occupy a position of trust in relation to people receiving care and support. Concerns involving a person in a position of trust will be considered under safeguarding procedures and may also lead to disciplinary, professional or criminal action.

4. Commitment to a Bully-Free Environment

4.1. Promoting a Culture of Respect, Safety and Inclusion

{{org_field_name}} is committed to a culture in which every person is treated with dignity, courtesy, fairness and respect. We will promote a rights-based, person-centred and inclusive environment in which staff, people using the service, relatives, representatives and visitors feel safe to speak up and confident that concerns will be listened to and acted upon. This includes respect for equality, diversity, Welsh language needs, communication needs, protected characteristics, personal identity and individual preferences.

Managers, senior leaders and the Responsible Individual must lead by example, challenge poor behaviour, monitor culture, support staff to raise concerns, and ensure that bullying, harassment, victimisation and sexual harassment are prevented wherever possible and addressed promptly when they occur.

4.2. Zero Tolerance and Early Action

{{org_field_name}} has zero tolerance for bullying, harassment, sexual harassment, victimisation and retaliation. All concerns will be taken seriously and handled in a fair, timely, proportionate and trauma-informed manner. Early informal action may be appropriate in some low-level cases, but where conduct is serious, repeated, discriminatory, sexual, retaliatory, safeguarding-related or potentially criminal, immediate formal action will be taken. This may include safeguarding referral, suspension or redeployment pending investigation, referral to Social Care Wales or another professional body, referral to the Disclosure and Barring Service, referral to the local authority, referral to CIW, or contact with the police.

5. Reporting and Managing Bullying and Harassment

5.1. Reporting Bullying or Harassment

Any person who experiences, witnesses, suspects or receives a disclosure of bullying, harassment, sexual harassment or victimisation must report it as soon as possible. Where there is immediate danger or a risk of serious harm, emergency services must be contacted on 999 and immediate action must be taken to protect the person at risk. If the concern involves a child or an adult at risk, the matter must also be treated as a safeguarding concern and reported without delay in accordance with the safeguarding policy and the Wales Safeguarding Procedures.

Concerns may be reported to any of the following, depending on the circumstances:

A person does not need to decide at the point of disclosure whether the matter is bullying, harassment, whistleblowing, misconduct or safeguarding. The manager receiving the concern is responsible for ensuring that the concern is routed immediately into the correct process or processes. More than one process may apply at the same time.

Reports should, where possible, include: what happened; who was involved; who was affected; the date, time and place; whether there were witnesses; whether the person is safe now; any immediate action taken; and any available supporting evidence. A concern may still be reported and acted on even where all details are not yet known.

5.2 Initial Response and Investigation Process

All concerns will be acknowledged promptly and risk-assessed on receipt. The first priority will always be the immediate safety, dignity and well-being of the person affected and of any other people using the service. Where required, protective action will be taken before any full investigation begins. This may include separating individuals, changing duties, increased supervision, removing access, obtaining urgent medical support, safeguarding referral, notifying external agencies, or suspending a member of staff where this is necessary and proportionate.

The manager receiving the concern must decide, and record, whether the matter should be managed through one or more of the following routes: informal resolution; formal management investigation; disciplinary process; grievance process; safeguarding procedures; whistleblowing procedures; complaints procedure; professional referral; DBS referral; CIW notification; or police referral.

Investigations will be fair, impartial, confidential on a need-to-know basis, and completed as promptly as possible. Timescales will depend on the seriousness and complexity of the allegation, the availability and welfare of witnesses, the need for external agency involvement, and whether criminal or safeguarding enquiries are ongoing. The person raising the concern and, where appropriate, the person affected or their representative will be kept informed of progress and outcome as far as the law, confidentiality, safeguarding and employment obligations allow.

At the end of the investigation, the service will record: the allegation; the enquiries undertaken; the evidence considered; findings; the outcome; actions required; whether referrals were made; whether records and risk assessments were updated; what support was offered; and what learning or service improvements are needed.

Where the allegation is substantiated, action may include apology, restorative action where appropriate, safeguarding action, support plan, supervision, training, mediation where appropriate, disciplinary action up to dismissal, professional referral, DBS referral, CIW notification, police involvement, review of staffing arrangements, environmental changes, or wider quality-improvement action. Where the allegation is not substantiated, the service will still consider whether there are learning points, relationship issues, support needs, or other risks requiring action.

5.3 Protection Against Retaliation and Fair Treatment

No person will suffer retaliation, victimisation, less favourable treatment, intimidation or disadvantage because they have raised a concern, supported a complaint, acted as a witness, made a safeguarding referral or made a whistleblowing disclosure in good faith. Any retaliatory behaviour will be treated seriously and may amount to gross misconduct.

A concern that is not upheld, is unsubstantiated, or cannot be proven will not in itself result in action against the person who raised it. However, where there is evidence that a complaint or allegation was deliberately false, malicious, or made in bad faith, the matter may be addressed under disciplinary procedures. Great care will be taken not to discourage genuine reporting.

5.4 Support for Those Involved

{{org_field_name}} will offer appropriate support to anyone affected by bullying, harassment or related investigations. This may include a welfare meeting, adjustments to duties, alternative reporting arrangements, supervision, signposting to occupational health or employee assistance support, advocacy support, communication support, safeguarding support, and regular updates during the process. Support offered will be recorded. The need for support for people using the service, relatives, witnesses and the person subject to the allegation will also be considered.

6. Preventing Bullying and Harassment Efficiently

6.1 Training, Induction and Awareness

All staff and volunteers will receive induction and ongoing training relevant to their role on dignity and respect at work, equality and human rights, bullying and harassment, sexual harassment prevention, safeguarding, professional boundaries, whistleblowing, complaints handling, duty of candour, communication, record keeping and how to escalate concerns. Training will be refreshed at intervals determined by legislation, national guidance, local safeguarding arrangements and service need. Supervision will be used to check understanding, reinforce responsibilities and address any gaps in knowledge or confidence.

6.2 Leadership Accountability and Oversight

Managers and senior leaders are responsible for preventing bullying and harassment, responding promptly to concerns, maintaining appropriate records, ensuring concerns are escalated correctly, and monitoring patterns or repeat issues. The Registered Manager and Responsible Individual must have oversight of serious concerns, safeguarding-linked incidents, disciplinary themes, whistleblowing disclosures, complaints trends and the effectiveness of preventive measures. Failures to act, dismissing concerns, or obstructing reporting will be treated as serious management concerns.

6.3 Monitoring, Records and Continuous Improvement

All bullying, harassment, sexual harassment, victimisation and related concerns will be recorded, reviewed and analysed for themes, patterns, locations, protected-characteristic issues, repeat perpetrators, repeat victims, staffing factors, environmental factors and any links to safeguarding, complaints, whistleblowing or poor culture. Outcomes of this analysis will be used to improve training, supervision, staffing arrangements, risk management, support arrangements and wider service governance. Records will be kept securely and in line with data protection requirements, complaints procedures, safeguarding procedures and the provider’s record-management arrangements.

Where an incident indicates wider service risk or regulatory concern, the matter will be considered through the provider’s quality assurance systems and, where required, notified or referred to the relevant external body.

6.4 Duty of Candour

{{org_field_name}} will act in an open and transparent way with people receiving care and support, their representatives and, where relevant, placing authorities when things go wrong. Where bullying, harassment, retaliation or poor staff conduct has affected the safety, dignity or well-being of a person using the service, the provider will consider its duty of candour responsibilities alongside safeguarding, complaints and disciplinary processes. This includes being open about what happened, taking appropriate action, apologising where appropriate, and learning from the event. No person should be bullied, victimised or obstructed for speaking openly about mistakes, incidents or poor practice.

6.5 Safeguarding Interface

Any bullying or harassment allegation involving a person who uses the service, a child, an adult at risk, a person in a position of trust, sexual misconduct, discriminatory abuse, coercion, humiliation, neglect, improper treatment, physical assault, unlawful restraint, or a pattern of degrading treatment must be considered immediately under safeguarding procedures. Use of this policy does not replace safeguarding duties. Where safeguarding thresholds are met, the safeguarding process will run in parallel with any complaint, disciplinary or whistleblowing process as appropriate.

6.6 Advocacy and External Support

People using the service, their representatives and, where appropriate, staff will be given information about how to access support to raise concerns. This includes the provider’s complaints procedure, whistleblowing arrangements, CIW’s concern-reporting route, safeguarding contacts, police contact in an emergency, Llais, and independent advocacy where appropriate. Information will be available in accessible formats and with communication support where needed.

7. Related Policies

This policy works alongside:

8. Policy Review

This policy will be reviewed at least annually and sooner where there is a change in legislation, statutory guidance, CIW expectations, Social Care Wales guidance, safeguarding procedures, learning from incidents, complaints, whistleblowing disclosures or inspection findings. Staff, and where appropriate people using the service and/or their representatives, will be involved in reviewing and improving this policy. Updated versions will be communicated promptly and made available in accessible formats.

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.

Leave a Reply

Your email address will not be published. Required fields are marked *