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Useful Documents - Anti-Bullying

We reproduce below Leicester Education Authority's current anti-bullying policy statement.

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Leicester Education Authority

ANTI BULLYING AND HARASSMENT IN THE WORKPLACE POLICY STATEMENT

No person should suffer in silence, ie 'put up' with bullying or harassment from whatever source. The School Management/Governors and Officers of the LEA will use all means at their disposal and take firm and decisive action at the earliest opportunity to counter bullying and harassment.

Remember! Silence is the bully's greatest weapon!

Contents

1. Principles
2. Definitions
3. Bullying and Harassment - Key Features
4. Recognising the Problem - Symptoms of Bullying and Harassment
5. Seeking Support and Advice
6. Raising a Concern or Complaint
7. Legal Framework
8. Appendix - the form 'Reporting Allegations of Workplace Bullying and Harassment'

1. PRINCIPLES

1.1 The LEA recognises that bullying and harassment adversely affect individuals' working lives and is fully committed to the working and learning environments where such behaviour does not occur. This procedure seeks to prevent bullying and harassment from happening; where it does happen, however, it provides a method of dealing with the problem and helps prevent it from happening again. Complaints will be taken seriously, and this procedure applies to teaching staff who consider that they have been bullied or harassed in any way, including on grounds of racial origin, sex, age, disability, marital status, class, religious beliefs, sexuality, sexual identity, nationality and colour.

Definitions of what constitutes bullying and harassment are given at Section 2.

1.2 Great care must be taken when considering allegations of bullying and harassment to protect the interests of both the complainant and the individual being complained against. It is essential that the true nature of such problems is identified and addressed so that all parties are treated fairly. It is important that all parties concerned be advised of progress if there is any delay to any of the proceedings documented in this procedure.

1.3 The City Council accepts its responsibility to deal with cases as they arise and for all school governing bodies to do likewise. It is expected that all parties to a case will co-operate with their school management and governing body to try to achieve local solutions whenever possible. This will help to minimise the effects of any problems in the workplace.

1.4 The recommended route for addressing a complaint(s) of bullying and harassment is via the LEA Model Grievance Procedure, (a copy of which is given as Appendix A). If the complaint is against the Headteacher/Principal/ Chair of Governors or both, the complainant should seek advice (see Section 5). They should write to the Director of Education who will take appropriate action.

1.5 Support is available to seek to resolve concerns about bullying and harassment - see Section 5.

1.6 In the investigation of a complaint no one complained against should be involved in the investigation of a case.

1.7 In some circumstances, the person complained against may raise their own concerns. Where these concerns relate to the issue under consideration, such matters will be dealt with as part of the same case, and will not form a separate grievance. However, if unrelated issues arise, they could form the basis of a separate grievance.

1.8 Where there is strong evidence that the complaint is being raised on malicious grounds or that the procedure is being abused, the person raising the complaint may be subject to the disciplinary procedure.

2. DEFINITIONS

2.1 Bullying

Bullying has been described as 'the persistent (and normally deliberate) misuse of power or position to intimidate, humiliate or undermine', or 'The unjust exercise of power of one individual over another by use of means intended to humiliate, frighten, denigrate or injure the victim'.

2.2 Harassment

Harassment includes any unwanted verbal or physical abuse and/or advances and/or behaviour, which an employee finds offensive and which causes them to feel threatened, humiliated, patronised, distressed or harassed. Such action may also be considered harassment if it impairs an individual's job performance, undermines their job security, or creates a threatening or intimidating environment. Harassment may also be deliberate or unconscious, an isolated incident or repeated action. It will not necessarily be a defence that such incidents or actions consist of words or behaviour, which might be claimed to be commonplace.

3. BULLYING AND HARASSMENT - KEY FEATURES

3.1 Both result from behaviour which is unwelcome, unwanted and, where workplace colleagues are concerned, unprofessional.

3.2 Bullying and harassment can extend beyond the immediate workplace and colleagues sometimes experience bullying or harassment from parents or governors. See section 6 or 7.

Examples of bullying and harassment include:

• Destructive innuendo and sarcasm
• Shouting at victims in public and in private
• Making verbal and non-verbal threats (including suggestive remarks, inappropriate jokes and name calling)
• Giving victims impossible deadlines/targets to meet
• Changing responsibilities unilaterally (without consultation)
• Excluding from work and social interaction
• Persistent unjustified criticism
• Inappropriate allocation of additional workload
• Constant undervaluing of staff efforts
• Unreasonable refusal of applications for leave/training or promotion
• Threatened or actual physical attack
• Unnecessary touching

4. RECOGNISING THE PROBLEM - SYMPTOMS OF BULLYING AND HARASSMENT

4.1 Staff may find it difficult to realise that they are being bullied/harassed.

Indicative signs include:

• Excessive fear of meeting or speaking.
• Loss of confidence, self-worth and self-belief.
• Reluctance to voice opinions in case these are interpreted as hostile criticism and are derided.
• A realisation that they are afraid to enter the workplace
• Physical ill-health such as unintended weight loss, disrupted sleep patterns, nausea, crying fits, indigestion, irritable bowel syndrome, headaches, back pains, skin complaints and, at its most extreme, ulcers, depression and panic attacks.

4.2 Excessive sick leave may be a good indicator that bullying and/or harassment is taking place, but there may, of course, be many other equally genuine reasons for this.

4.3 It is important to recognise that although bullying and harassment are often carried out by individuals, there may be instances of bullies forming groups to harass individuals in a phenomenon which is known as 'mobbing'.

4.4 'Mobbing' is perhaps the most destructive form of bullying/harassment as social exclusion frequently follows and there are limited opportunities for victims to seek support from peers.

5. SEEKING SUPPORT AND ADVICE

5.1 If any person feels that they have been a victim of bullying and/or harassment they will need confidential advice and support. They should raise the matter urgently and confidentially with any of the following channels:

1. The headteacher/principal or other senior manager
2. The Chair of Governors
3. Their trade union or orofessional association
4. An independent LEA officer
5. Teachers' Helpline

5.2 All instances of bullying/harassment should be recorded with dates and times to demonstrate a pattern of intentional or deliberate behaviour. However, it is recognised that bullying/harassment can be an isolated incident.

5.3 If the bullying or harassment is alleged to be of a racist nature, the incident should also be recorded in the Racist Incidents - Schools Reporting and Monitoring procedures.

Note: Headteachers should record any allegations of bullying and/or harassment. A monitoring form is attached at Appendix B which should be completed and a copy sent to the Education Human Resources Team.

Any person who is approached to help should recognise the problems being experienced by the member of staff concerned and be sensitive to the fact that making a complaint is likely to be a distressing experience for him/her.

Colleagues who are being bullied or harassed can seek independent help, support, advice by ringing:

TEACHERS' HELPLINE 0800 056 2561

which is open 24 hours, seven days a week.

6. RAISING A CONCERN OR COMPLAINT

6.1 Colleagues who wish to raise concerns about bullying or harassment can do so either informally or formally through the agreed Grievance Procedure.

6.2 if the complaint is against a parent or a governor, in the first instance the concerns should be raised with the Headteacher/Principal. If the matter cannot be resolved, the schools' complaints procedure may be used.

7. LEGAL FRAMEWORK

7.1 Given that bullying and harassment can be sustained and experienced over a long period of time, this matter is best addressed initially and immediately through informal channels with recourse to formal proceedings (including legislation) should this prove ineffective.

7.2 There is legislation both in terms of employment law and criminal law. Colleagues who are being bullied or harassed may be able to bring a case under the appropriate legislation. This is detailed below:

7.2.1 Recourse to Common Law . Employers have a duty of care towards their employees and this extends to taking steps to prevent and deal with bullying. Failure to exercise reasonable care constitutes negligence (Walker -v- Northumberland County Council) and employers may be liable.

7.2.2 The Health and Safety at Work Act 1974 places a duty of care upon the employer (ie Governing Body in schools with a delegated budget) to ensure the health, safety and welfare of employees at work.

7.2.3 Sex Discrimination Act 1975 and Race Relations Act 1976 . Where there is a sexual or racial element to bullying/harassment an employer can be held vicariously liable for the actions of a bullying employee even if the employer is not aware of bullying behaviour. There is, therefore, a need to have a clear system in place to identify bullying/harassment and deal with this at an early stage.

7.2.4 Employment Rights Act 1996 An employee may complain to an Employment Tribunal of constructive dismissal in circumstances where workplace bullying has led him/her to leave their employment within an organisation.

7.2.5 Public Order Act 1996 Section 4A states that a person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he/she:

1. uses threatening, abusive or insulting words or behaviour or disorderly behaviour, or
2. displays in writing, sign, or other visible representation, which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm, or distress.

7.2.6 Protection from Harassment Act, 1997. This Act recognises the offence of harassment and a further offence of 'causing another to fear violence'. This second offence is defined as, on at least two occasions, a person causes another to fear that violence will be used against him/her. The offence is established if the perpetrator knows, or ought to have known, that the other person will be caused to fear violence.

7.2.7 Human Rights Act. A public authority has a responsibility to ensure that its employees are not subjected to degrading treatment in the work place. Failure to do so could lead to a claim under the Act.

7.3 While there appears to be a wide range of legislation which can be brought to bear to address the issue of bullying/harassment, each is limited in its application by the need to follow very clear mechanisms and establish proof beyond reasonable doubt in a criminal court or demonstrate the offence and its effects at an Employment Tribunal.

No person should suffer in silence, ie 'put up' with bullying or harassment from whatever source. Firm and decisive action should be taken at the earliest opportunity to counter bullying and harassment.

8. APPENDIX

The form 'Reporting Allegations of Workplace Bullying and Harassment' (Word document)