ANTI-HARASSMENT AND BULLYING POLICY
Approved by Council on March 2025
Reviewed on
1
Introduction 2
Policy 2
What type of treatment amounts to bullying or harassment? 2
Reporting concerns 3
Informal resolution 4
Raising a formal complaint 4
During the investigation 5
Hearing 5
Victimisation 6
False allegations 6
Disclosure and confidentiality 6
Use of the disciplinary procedure 6
2
All staff should be able to work in an environment free from harassment and bullying and be
treated with dignity and respect regardless of gender, sexual orientation, transgender status,
marital or family status, colour, race, nationality, ethnic or national origins, creed, culture,
religion or belief, age, or disability.
This policy and procedure provide guidance on what to do if you are concerned about
bullying or harassment and what to expect if you raise concerns. It applies to all staff
(whether permanent, fixed term, or casual), contractors and agency staff.
The Council does not tolerate bullying or harassment in the workplace. This is the case for
work-related events that take place within or outside of normal working hours; on council
property or elsewhere; whether the conduct is a one-off act or repeated course of conduct,
and whether done purposefully or not.
The Council does not tolerate retaliation against, or victimisation of, any person involved in
bringing a complaint of harassment or bullying. Retaliation or victimisation will also constitute
a disciplinary offence, which may in appropriate circumstances lead to dismissal. You should
also be aware that if a court or tribunal finds that you have bullied or harassed someone, in
some circumstances the treatment may amount to a crime punishable by a fine or
imprisonment.
The council will take appropriate action if any of our staff are bullied or harassed by staff,
councillors, members of the public or suppliers.
Bullying is offensive, intimidating, threatening, malicious or insulting behaviour, and/or an
abuse or misuse of power that undermines, humiliate or injure the person on the receiving
end.
Harassment is unwanted conduct related to relevant ‘protected characteristics’, which are
sex, gender reassignment, race (which includes colour, nationality and ethnic or national
origins), disability, sexual orientation, religion or belief and age. Harassment amounts to
unlawful discrimination if it relates to a ‘protected characteristic’.
Examples of bullying and harassment include:
It is important to recognise that conduct which one person may find acceptable, another may
find totally unacceptable. All employees must, therefore, treat their colleagues with respect
and appropriate sensitivity.
Bullying does not include appropriate criticism of an employee’s behaviour or proper
performance management.
What you should do if you witness an incident you believe to harassment or bullying
If you witness such behaviour you should report the incident in confidence to the Clerk or a
councillor. Such reports will be taken seriously and will be treated in strict confidence as far
as it is possible to do so.
What you should do if you feel you are being Bullied or Harassed by a member of the public
or supplier (as opposed to a colleague)
If you are being bullied or harassed by someone with whom you come into contact at work,
please raise this with the Clerk or a councillor in the first instance. They will then decide how
best to deal with the situation, in consultation with you.
What you should do if you feel you are being Bullied or Harassed by a councillor
If you are being bullied or harassed by a councillor, please raise this with the Clerk or the
Chair of the Council in the first instance. They will then decide how best to deal with the
situation, in consultation with you. There are two possible avenues for you, informal or
formal. The Informal Resolution is described below. Formal concerns regarding potential
breaches of Code of Conduct breaches will be investigated by the Monitoring Officer.
What you should do if you are being Bullied or Harassed by another member of staff
If you are being bullied or harassed by a colleague or contractor, there are two possible
avenues for you, informal or formal. These are described below.
If you are being bullied or harassed you may be able to resolve the situation yourself by
explaining clearly to the perpetrator(s) that their behaviour is unacceptable, contrary to our
policy and must stop. Alternatively, you may wish to ask the Clerk, a colleague or another
councillor to put this on your behalf or to be with you when confronting the perpetrator(s).
If the above approach does not work or if you do not want to try to resolve the situation in
this way, or if you are being bullied by your own manager, you should raise the issue with
the Chair of the Council. The Chair (or another appropriate individual) will discuss with you
the option of trying to resolve the situation informally by:
It may be possible to have the conversation with the alleged perpetrator without revealing
your name, if this is what you want. They will also stress that the conversation is confidential.
In certain circumstances we may be able to involve a neutral third party to facilitate a
resolution of the problem. The Chair will discuss this with you if it is appropriate.
If your complaint is resolved informally, the alleged perpetrator(s) will not usually be subject
to disciplinary sanctions. However, in exceptional circumstances (such as a serious
allegation of harassment or in cases where a problem has happened before) the council may
decide to investigate further and take more formal action notwithstanding that you raised the
matter informally. We will consult with you before taking this step.
If informal resolution is unsuccessful or inappropriate, you can make a formal complaint
about the harassment or bullying to the Clerk or the Chair of the Council if the behaviour was
not from a Councillor (if it was please raise it with the Monitoring Officer). A formal complaint
may ultimately lead to disciplinary action against the perpetrator(s) where they are
employed.
The Clerk or the Chair of the Council will appoint someone to investigate your complaint.
You will need to co-operate with the investigation and provide the following details (if not
already provided):
… against a colleague or contractor
The alleged perpetrator(s) would need to be told your name and the details of your complaint
for the issue to be investigated properly. However, we will carry out the investigation as
confidentially and sensitively as possible. Where you and the alleged perpetrator(s) work in
proximity to each other, we will consider whether it is appropriate to separate you whilst the
matter is being investigated.
… against a member of the public or supplier
We will investigate the complaint as far as possible by contacting the member of public or
the supplier’s employer and asking for a response to the allegations.
… against a councillor
Formal concerns regarding potential breaches of Code of Conduct breaches will be
investigated by the Monitoring Officer.
Investigations will be carried out promptly, sensitively and, as far as possible, confidentially.
If, after an investigation, we decide that an employee has harassed or bullied another
employee, then the employee may be subject to disciplinary action, up to and including
dismissal.
The Council will consider how to protect your health and wellbeing whilst the investigation is
taking place and discuss this with you. Depending on the nature of the allegations, the
Investigator may want to meet with you to better understand your compliant. Whilst there is
no Statutory right to be accompanied at investigation meetings, the Investigator will consider
your request if you want to have a work colleague or union representative with you at that
meeting.
After the investigation, a panel will meet with you in a Grievance Hearing (following the
Grievance Procedure) to consider the complaint and the findings of the investigation. At the
meeting you may be accompanied by a fellow worker or a trade union official.
After the meeting the panel will write to you to inform you of the decision and to notify you of
your right to appeal if you are dissatisfied with the outcome. You should put your appeal in
writing explaining the reasons why you are dissatisfied with the decision. Your appeal will be
heard under the appeal process that is described in the Grievance Procedure.
Employees and others who make allegations of bullying or harassment in good faith will not
be treated less favourably as a result.
False accusations of harassment or bullying can have a serious effect on innocent
individuals. Staff and others have a responsibility not to make false allegations. False
allegations made in bad faith will be dealt with under our disciplinary procedure.
We will treat personal data collected during this process in accordance with the data
protection policy. Information about how data is used and the basis for processing data is
provided in the employee privacy notice.
Harassment and bullying constitute serious misconduct. If, at any stage from the point at
which a complaint is raised, we believe there is a case to answer and a disciplinary offence
might have been committed, we will instigate our disciplinary procedure. Any employee
found to have harassed or bullied a colleague will be liable to disciplinary action up to and
including summary dismissal.
6
This is a non-contractual procedure which will be reviewed from time to time.
7
A ‘protected characteristic’ is defined in the Equality Act 2010 as age, disability, sex, gender
reassignment, pregnancy and maternity, race, sexual orientation, religion or belief, and
marriage and civil partnership. It is unlawful to discriminate against an individual because of
any of the protected characteristics.
Discrimination includes treating people differently because of a protected characteristic.
Harassment is unwanted conduct related to a ‘protected characteristic’. Employees can
complain of harassment even if the behaviour in question is not directed at them. This is
because the complainant does not actually need to possess the relevant protected
characteristic. An employee can complain of unlawful harassment if they are related
someone with a protected characteristic, or because a colleague believes they have a
protected characteristic.
An employee does not need to be employed to make a discrimination claim at a tribunal.
Successful unfair dismissal claims are limited to a compensation cap, whereas those for
unlawful discrimination have no cap.
A positive employment culture, and swift action if conduct falls beneath acceptable
standards will help mitigate the risks. An unhealthy culture will make it difficult to defend
claims.
The time to defend and the cost of defending tribunal claims can be significant, irrespective
of the outcome.
Modern day workforces are eclectic, and a positive culture throughout the council enables
staff with different backgrounds and beliefs to share ideas and shape how the council
achieves what councillors decide for the community.
Different people find different things acceptable. It may not be obvious that some behaviour
would be unwelcome or could offend a person. Those in positions of ‘power’ over an
employee may not always understand how words or actions are received. An employee
may not always find it easy to communicate how they really feel. ‘Banter’ that on the face of
it is reciprocated may nonetheless be unwelcomed and damaging. Others who overhear
comments, or learn of them third hand, will form judgements about the culture.
Whilst both staff and councillors jointly determine what the working culture is like, councillors
are key in demonstrating what is and isn’t acceptable behaviour. This is apparent from how
councillors behave with each other in council meetings and also in how standards of
behaviour are applied through the use of informal discussion and formal policies. Examples
of unacceptable behaviour at work include (but are not limited to):
Employers have duty of care to provide a safe place of work. If a complaint is made, discuss
how to manage working relationships whilst the allegation is being investigated and until the
outcome is disclosed. This is as much for the protection of the alleged perpetrator as for the
aggrieved.
Consider whether a neutral person should be offered as a ‘listening ear’ for both parties in
the investigation. Offer other support that may be appropriate to the situation such as
signposting to support groups, time off for counselling etc. If you have suspended a staff
member, your duty of care continues and it’s important to consider their wellbeing and
mental health.
Ensure that you regularly communicate with both parties.
All employees have the right to raise genuine concerns without the fear of reprisals. If the
aggrieved (or a witness) is treated differently / less favourably because they have raised a
complaint, then this is victimisation. This would include isolating someone because they
have made a complaint, cancelled a planned training event, or giving them a heavier or more
difficult workload. Victimisation can lead to a claim to an employment tribunal.
If an employee makes an allegation that they know to be untrue, or gives evidence that they
know to be untrue, the council should consider the matter under the disciplinary procedure.
Such an allegation would be potentially Gross Misconduct.
Following the Ledbury case, the law is clear that any formal complaint regarding a beach of
the Code of Conduct must be referred to the Monitoring Officer for investigation. During the
investigation, it is critical to ensure that where an employee of the council has made the
complaint, that the council agrees with the employee reasonable measures to protect their
health and safety. Such measures may include a temporary change in duties, change of
work location, not attending meetings with the person to whom the complaint has been made
etc.
Where there is text in [square brackets] this part may be updated or be deleted if not
relevant. An alternative option may have been provided.
This is an example of an employment policy designed for a small council adhering to
statutory minimum requirements and does not constitute legal advice. As with all policies it
should be consistent with your terms and conditions of employment.
This document was commissioned by the National Association of Local Councils (NALC) for
the purpose of its member councils and county associations. Every effort has been made to
ensure that the contents of this document are correct at time of publication. NALC cannot
accept responsibility for errors, omissions and changes to information subsequent to
publication.
This document has been written by the HR Services Partnership – a company that provides
HR advice and guidance to town and parish councils. Please contact them on 01403 240
205 for information about their services.