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HCS72-Dignity at Work, Bullying, Harassment and Sexual Harassment Policy

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Registration Number: {{org_field_registration_no}}

Dignity at Work, Bullying, Harassment and Sexual Harassment Policy

1. Purpose

{{org_field_name}} is committed to providing a safe, inclusive and respectful working environment in which everyone is treated with dignity and respect. Bullying, harassment, sexual harassment, discrimination and victimisation are unacceptable and will not be tolerated, whether committed by an employee, manager, agency worker, contractor, volunteer, person experiencing care, relative, visitor, supplier or any other third party.

The purpose of this policy is to:

{{org_field_name}} will take reasonable and proportionate steps to prevent bullying and harassment. In accordance with section 40A of the Equality Act 2010, as inserted by the Worker Protection (Amendment of Equality Act 2010) Act 2023, the organisation will take reasonable steps to prevent sexual harassment of workers in the course of their employment, including foreseeable risks arising from contact with colleagues and third parties.

This policy supports compliance with applicable employment, equality, health and safety, data protection, whistleblowing and social care requirements. It should be read alongside the organisation’s Grievance Policy, Disciplinary Policy, Equality, Diversity and Inclusion Policy, Whistleblowing Policy, Adult Support and Protection Policy, Health and Safety Policy and Data Protection and Records Management Policy.

2. Scope

This policy applies to:

The policy applies to conduct:

A concern involving a person experiencing care will be managed sensitively, taking account of the person’s rights, assessed needs, communication requirements, capacity, health conditions, distress, trauma and any behaviour support arrangements. However, these considerations do not remove the organisation’s duty to protect workers from violence, threats, abuse, harassment or sexual harassment.

Where the conduct may also affect a person experiencing care, constitute harm or abuse, raise an adult support and protection concern, indicate criminal conduct or call a worker’s fitness to practise into question, the matter will be considered under the relevant safeguarding, incident-reporting, professional referral and regulatory notification procedures in addition to this policy.

3. Related Policies

4. Legislative, Professional and Regulatory Framework

This policy takes account of the following legislation, professional standards and guidance, as amended from time to time:

Not every incident of bullying will constitute unlawful harassment under the Equality Act 2010. However, bullying may still breach this policy, health and safety duties, contractual obligations, professional standards or other legal requirements.

5. Definitions

5.1 Bullying

Bullying is offensive, intimidating, malicious, insulting or otherwise inappropriate behaviour, or an abuse or misuse of power, which has the purpose or effect of undermining, humiliating, denigrating, frightening or injuring another person.

Bullying may be persistent or repeated. A single serious incident may also be dealt with under this policy.

Bullying may be:

The effect of behaviour will be considered alongside its context, seriousness, frequency and whether it was reasonable for the behaviour to have that effect.

Examples may include:

5.2 Harassment under the Equality Act 2010

Harassment is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

In deciding whether conduct has that effect, the organisation will consider:

The relevant protected characteristics for the statutory harassment provisions are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. Conduct connected with pregnancy or maternity may amount to sex-related harassment or another form of unlawful discrimination.

5.3 Sexual harassment

Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

It may include:

Conduct does not need to be directed at a particular person for it to create an intimidating, hostile, degrading, humiliating or offensive environment.

5.4 Discrimination

Discrimination may include direct discrimination, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments and other conduct prohibited by the Equality Act 2010.

5.5 Victimisation

Victimisation means subjecting a person to a detriment because they have carried out, or are believed to have carried out, a protected act under the Equality Act 2010. This includes raising a discrimination or harassment concern, giving evidence, supporting another person’s complaint or alleging that the Equality Act has been breached.

5.6 Retaliation

Retaliation includes any adverse treatment, threat, exclusion, intimidation, reduction in hours, unfavourable rota allocation, denial of opportunities, unjustified scrutiny or other detriment because a person raised a concern, supported another person, acted as a witness or participated in an investigation.

Retaliation is prohibited whether or not the original concern is upheld.

5.7 Third-party bullying and harassment

Third-party bullying or harassment is unacceptable conduct towards a worker by someone who is not employed by {{org_field_name}}, including a person experiencing care, relative, representative, visitor, contractor or member of the public.

5.8 Legitimate and reasonable management action

Reasonable management action carried out fairly, proportionately and respectfully is not normally bullying. This may include:

Management action may nevertheless breach this policy where it is carried out in a humiliating, threatening, discriminatory, arbitrary or otherwise unreasonable manner.

6. Our Commitments

6.1 Prevention and Risk Management

{{org_field_name}} will take reasonable and proportionate steps to prevent bullying, harassment, sexual harassment, discrimination and victimisation. These steps will include:

A risk assessment will be reviewed whenever there is reason to believe it is no longer valid or there has been a significant change in the matters to which it relates.

6.2 Raising a Concern

A person may raise a concern verbally or in writing. They are not required to confront the person whose behaviour concerns them before seeking support or making a report.

Concerns may be raised with:

Where a concern is about a director, owner or the most senior person in the organisation, it must be referred to a suitably independent person, external HR adviser, board member or other person with sufficient authority and no conflict of interest.

A report should, where possible, include:

A concern will still be considered where the person cannot provide all of this information.

Workers should preserve relevant evidence and must not alter, delete or fabricate records. Recordings should not be made in a person’s home, during care delivery or where confidential information about a person experiencing care may be captured unless this is lawful, necessary and expressly authorised. Any recording submitted will be handled in accordance with applicable law, confidentiality requirements and data protection procedures.

A manager who receives a concern must record it and take appropriate action. Managers must not dismiss a concern as “banter”, a personality clash or part of the job without properly considering the facts, impact and potential risk.

Where the concern indicates immediate danger, violence, sexual assault, a serious safeguarding risk or suspected criminal conduct, the manager must prioritise safety and contact the police, emergency services, adult protection services or another relevant authority where appropriate.

6.3 Initial Assessment and Immediate Protective Action

On receiving a concern, the manager will promptly assess:

Interim measures may include:

Interim measures are precautionary and do not indicate that an allegation has been accepted as true. They will be proportionate, kept under regular review and designed, as far as possible, not to disadvantage the person who raised the concern.

Suspension will not be automatic. It will only be considered where there is a genuine risk to people, evidence, the integrity of the investigation or the organisation, and where less restrictive alternatives are not sufficient.

6.4 Informal Resolution

Informal resolution may be suitable where:

Informal options may include:

Informal resolution is voluntary. A person will not be required to meet the person complained about, participate in mediation or attempt informal resolution where they do not feel safe or where the matter is sufficiently serious to require formal consideration.

Mediation will not normally be appropriate where there is alleged sexual harassment, violence, coercion, serious abuse of power, a significant safeguarding concern or circumstances in which meaningful voluntary participation is unlikely.

A brief confidential record of agreed informal action will be maintained. Where informal action does not resolve the concern, or further incidents occur, the matter may proceed formally.

6.5 Formal Procedure and Investigation

A formal concern will normally be managed under this policy together with the organisation’s Grievance Policy. Where the allegation could result in disciplinary action, the organisation’s Disciplinary Policy will also apply.

The organisation will:

The investigator’s role is to establish the facts fairly and objectively. The investigator must not approach the matter on the basis that they are required to prove either guilt or innocence.

The investigation report should set out:

Where reasonably practicable, the investigator will not be the person who makes a disciplinary decision or hears an appeal.

No disciplinary sanction will be imposed under this policy alone. Where there is a case to answer, the matter will proceed under the Disciplinary Policy, with the respondent given the applicable procedural rights.

The organisation aims to complete investigations promptly. It will not guarantee completion within a fixed number of days where the matter is complex, witnesses are unavailable, reasonable adjustments are required, safeguarding or police enquiries are ongoing, or additional evidence must be obtained. The parties will be informed of significant delays and, where possible, given a revised expected completion date.

A police, safeguarding, SSSC or regulatory process does not automatically prevent an internal process. The organisation will decide whether to continue, pause or adapt its procedure after considering safety, fairness, legal advice and any request from the relevant authority.

6.6 Confidentiality and Information Sharing

Information will be handled sensitively and shared only where there is a legitimate need to know. Absolute confidentiality cannot be guaranteed because information may need to be disclosed:

The complainant, respondent and witnesses must not discuss the matter more widely than necessary, interfere with evidence, attempt to influence witnesses or retaliate against anyone involved. This does not prevent a person from discussing the matter with their trade union representative, companion, legal adviser, healthcare professional, counsellor or another agreed source of confidential support.

Confidentiality requirements will not be used to prevent a worker from making a protected disclosure, reporting a crime, co-operating with a regulator or exercising a legal right.

6.7 Representation, Accompaniment and Reasonable Adjustments

A worker has the statutory right, where applicable, to be accompanied at a formal grievance or disciplinary hearing by:

The organisation will also consider reasonable requests to be accompanied at investigation meetings or informal meetings where this would support fairness, communication, disability-related needs, trauma-informed practice or the person’s wellbeing.

A companion may address the hearing, sum up the worker’s case, respond on the worker’s behalf to views expressed and confer privately with the worker, subject to the applicable legal rules and the orderly conduct of the hearing.

Reasonable adjustments will be made for disabled workers and others who require support. Adjustments may include:

6.8 Outcome

The complainant and respondent will be informed in writing when the investigation or relevant formal process has concluded.

The complainant will normally be told:

The respondent will be informed of the findings relating to them and any next steps under the Disciplinary Policy or another procedure.

The organisation may be unable to disclose confidential details of action taken against another worker. However, confidentiality will not be used as a reason to provide the complainant with no meaningful outcome.

Possible organisational actions may include:

6.9 Appeal or Review

A worker may appeal a formal grievance or disciplinary outcome in accordance with the applicable policy.

An appeal should be submitted in writing within the timescale stated in the outcome letter and should explain the grounds of appeal. Grounds may include:

The appeal will, where reasonably practicable, be heard by a person who has not previously been involved and who has sufficient authority to make a final decision.

The worker has the statutory right to be accompanied at a qualifying appeal hearing.

6.10 Support and Wellbeing

The organisation recognises that raising, responding to or witnessing allegations may affect a person’s health and wellbeing.

Appropriate support will be offered to the complainant, respondent and witnesses. This may include:

Support measures will not imply that an allegation has been upheld or rejected.

The wishes of the person affected will be taken into account, but the organisation may need to act where there is a continuing risk to that person, another worker or a person experiencing care.

Managers will monitor for retaliation, victimisation, repeated behaviour and deterioration in working relationships after the formal process has ended.

6.11 Disciplinary and Other Action

Where, following a fair process, there is a reasonable belief that an employee has breached this policy, the matter may be addressed under the Disciplinary Policy.

Bullying, harassment, sexual harassment, discrimination, victimisation, retaliation, intimidation of witnesses, deliberate interference with an investigation or breach of confidentiality may amount to misconduct. Serious cases may amount to gross misconduct and may result in dismissal without notice, following a fair disciplinary procedure.

The outcome will depend on all relevant circumstances, including:

Agency workers, contractors, volunteers or other non-employees may have assignments ended, access restricted or contracts reviewed in accordance with the applicable contractual arrangements.

Where conduct raises concerns about a worker’s fitness to practise, {{org_field_name}} will consider whether a referral to the SSSC or another professional regulator is required. The organisation will follow current referral guidance and, where appropriate, inform the worker that a referral has been made.

6.12 Complaints Not Upheld and Deliberately False Complaints

No action will be taken against a person merely because a concern raised in good faith is not upheld or cannot be substantiated.

A complaint may be mistaken, unsupported by sufficient evidence or based on a genuine difference in perception without being malicious.

Disciplinary action may be considered only where there is evidence that a person knowingly made a false allegation, fabricated evidence or acted maliciously. The fact that a complaint was not upheld is not, by itself, evidence of bad faith.

A person must not be threatened with disciplinary action simply for raising a concern or participating in an investigation.

6.13 Bullying, Harassment or Abuse by People Experiencing Care or Other Third Parties

Workers should report all incidents of bullying, harassment, sexual harassment, threats, violence or abuse by a person experiencing care, relative, representative, visitor or other third party.

Reports will not be dismissed on the basis that abusive behaviour is “part of the job”.

The organisation will respond in a way that protects workers while respecting the rights, dignity and assessed needs of the person experiencing care. Action may include:

The organisation will not automatically remove the worker who reported the behaviour from preferred hours, regular work or development opportunities. Any temporary or permanent change will be risk-based, discussed with the worker and kept under review.

Where the behaviour may be linked to illness, disability, cognitive impairment, communication difficulty, distress or trauma, this will inform the response but will not remove the obligation to take reasonable steps to protect workers.

6.14 Safeguarding, Regulatory and Professional Reporting

The Registered Manager will consider whether the circumstances require action under any separate legal, safeguarding, regulatory or professional process.

This may include:

The Care Inspectorate is not an alternative internal grievance service and will not ordinarily determine a private employment dispute. However, the Care Inspectorate may need to be informed where the circumstances concern the operation of the registered service, the safety or wellbeing of people experiencing care, reportable incidents, management failures or compliance with conditions of registration.

Acas provides independent information, advice and conciliation services. It does not normally investigate an employer’s internal bullying complaint or determine whether an allegation is proven.

6.15 Responsibilities of Managers

Managers must:

A manager who fails to act on a concern, suppresses a complaint, retaliates against a person, breaches confidentiality without proper reason or knowingly permits bullying or harassment may be subject to disciplinary action.

6.16 Responsibilities of Workers

Everyone covered by this policy must:

Social service workers must also comply with the SSSC Code of Practice, including the requirements to report dangerous, abusive or discriminatory behaviour, co-operate with investigations and treat colleagues respectfully.

7. Monitoring, Quality Assurance and Organisational Learning

{{org_field_name}} will monitor the implementation and effectiveness of this policy through proportionate and confidential information, which may include:

Monitoring information will be anonymised or aggregated wherever reasonably possible. Access to identifiable information will be restricted to those with a legitimate need to know.

The organisation will use findings to:

Significant themes and learning will be reported to senior management or the governing body without disclosing unnecessary personal information.

The organisation will consult workers and, where applicable, trade union or staff representatives when evaluating the policy.

8. Records and Data Protection

Records relating to concerns, investigations, hearings, outcomes, support measures, referrals and appeals will be:

Investigation records may contain special-category personal data, including information about health, disability, race, religion, sexual orientation or alleged misconduct. Such information will be processed in accordance with the Data Protection Act 2018, the UK GDPR and the organisation’s data protection policies.

Workers may have legal rights of access to personal data, subject to applicable exemptions and the rights of other people. Requests will be handled under the organisation’s data protection procedure.

Records will not state that an allegation was proven unless that accurately reflects the outcome of a completed process.

9. Policy Governance and Review

The Responsible Person for this policy is {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}, or another person formally designated by the provider.

The policy will be reviewed:

Each review will consider whether the organisation has taken reasonable steps to prevent sexual harassment and whether risks from colleagues, third parties, lone working, digital communication and work-related events remain adequately controlled.

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.

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