ANTI-BULLYING

Purpose

The Company recognises the problems that sexual, racial and other forms of harassment may cause problems at work and is committed to ensure that such unacceptable behaviour does not take place.  All forms of harassment are abhorrent and will not be tolerated by the Company.  All such cases will be dealt with under the Company’s Disciplinary Procedure.

The Company seeks to provide a work environment in which all employees are treated with respect and dignity and that is free of harassment and bullying based upon age, disability, gender reassignment, marital status (including civil partnerships), race (including colour, nationality and ethnic or national origins), religion or belief, pregnancy/maternity, gender, sexual orientation.  In this policy, these are known as the ‘protected characteristics.’

Scope

This policy applies to all employees of Icebox Films Ltd t/a Alleycats, including permanent and fixed-term employees and to people working on and off-screen. It further applies to freelance staff. This policy covers bullying and harassment both in the workplace and in any work-related setting outside the workplace, for example, during business trips and at work-related social events. It further covers bullying and harassment on electronic/social media platforms.

Policy Details

Bullying is offensive or intimidating behaviour or an abuse or misuse of power which undermines or humiliates an employee.

Harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment includes bullying if it relates to one of the protected characteristics listed below.

To be protected under the Equality Act or the Northern Irish equality legislation addressing a protected characteristic, it must be related to gender reassignment, disability, age, sex (or be of a sexual nature), sexual orientation, race, religion or belief/political opinion or nationality. It may be an isolated incident or repeated.

Harassment also applies if an employee treats another employee less favourably because the other employee has rejected or submitted to the conduct.

The unwanted conduct will still amount to harassment if it is based on the protected characteristic of a third party with whom the employee is associated and not on the employee’s own protected characteristic, or if it was directed at someone other than the employee, or even at nobody in particular, but they witnessed it.  

Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a “joke” may offend another person – different people find different things acceptable. However, harassment may also occur where a person engages in unwanted conduct towards another because they perceive that the recipient has a protected characteristic (for example, a perception that a person is gay or disabled, when they are not gay or disabled).  

Behaviour which a reasonable person would realise would be likely to offend an employee will always constitute harassment without the need for the employee having to make it clear that such behaviour is unacceptable, for example, touching someone in a sexual way.  With other forms of behaviour, it may not always be clear in advance that it will offend a particular employee, for example, office banter and jokes.  In these cases, the behaviour will constitute harassment if the conduct continues after the employee has made it clear, by words or by their conduct, that such behaviour is unacceptable to them.  A single incident can amount to harassment if it is sufficiently serious.

Examples of Harrassment or Bullying

Harassment and bullying may be misconduct that is physical, verbal or non-verbal.  Examples of unacceptable behaviour that are covered by this policy include:

• offensive, intimidating, malicious, or insulting behaviour;
• creating a hostile environment against an individual;
• the undermining, humiliation or injury of an individual.
• display of items such as flags, emblems, clothing which could be perceived as sectarian
• abuse of authority which violates the dignity of an individual or a group of people;
• subjection to obscene or other sexually suggestive or racist comments or gestures, or other derogatory comments or gestures
• withholding information so the job cannot be done properly;
• overbearing supervision or unjust criticism;
• the use of nicknames deemed to be offensive or related to protected characteristics.

This list is not exhaustive.

What is Victimisation?

Victimisation is subjecting a person to a detriment because they have, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing them or someone else, or supported someone to make a complaint or given evidence in relation to a complaint.  

Making a complaint that you know to be untrue, or giving evidence that you know to be untrue, may lead to disciplinary action being taken against you.

Electronic Bullying/Harassment and the use of Social Networking sites

Bullying and harassment can take place through electronic media such as email, instant messaging, and social networking websites such as Facebook, Twitter or blogs or text messages. When sending messages or posting information, employees should consider the content, language and appropriateness of the communication.

Reported instances of online harassment or bullying will be dealt with in the same way as reports of face-to-face harassment or bullying.

What should I do if I think I’m being Harassed or Bullied?

If you think you are being bullied or harassed, you may be able to resolve the situation yourself by explaining clearly to the person responsible that their behaviour is unacceptable, unwelcome and must stop.  It is possible that he or she may not have realised that their behaviour was offensive.   Alternatively, you may wish to ask your manager, to speak to the person on your behalf.  

If an informal approach does not resolve matters, or you think the situation is too serious to be dealt with informally, you can make a formal complaint by using this procedure. You are advised to keep a record of incidents when you have felt harassed or bullied.  The procedure will comprise of an investigation into the allegation, a hearing and right of appeal.

All complaints will be treated sensitively, confidentially, and will normally require limited disclosure on a “need to know” basis.  If preferred, arrangements will be made for you to speak to someone of the same sex. 

A formal complaint should be submitted in writing, to your immediate line manager.  If your manager is the subject of your complaint, send it to a Director. Wherever possible, you and the alleged harasser will not work together while the complaint is under investigation.  

If your complaint is upheld, the disciplinary procedure will be applied.  If your complaint is not upheld, the parties will be expected to resume working together.  Assistance will be provided from either internally or externally to help to repair the working relationship. 

What happens if I am accused of Harassment or Bullying?

If someone approaches you informally about your behaviour, do not dismiss the complaint out of hand because you were only joking or think the complainant is being too sensitive.  You may have offended someone without intending to do so.  In the interests of sustaining a harmonious working relationship, we would expect you to provide an explanation, an apology and an assurance that you will be careful in future not to behave in a way that you now know may cause offence. This may well be the end of the matter.  

If a formal complaint is made this will be fully investigated under the disciplinary procedure and we may bring disciplinary proceedings. You will be informed of the nature of the allegation.

Breaches of the Policy

If you believe that you may have been bullied or harassed you are encouraged to raise the matter through this Anti-harassment and Bullying Policy as noted above.

Allegations regarding potential breaches of this policy will be treated in confidence and investigated in accordance with the relevant procedure. Staff who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations which are found to have been made in bad faith will, however, be dealt with under our Disciplinary Procedure. 

Employees must not harass, bully or intimidate other employees for reasons related to one or more of the protected characteristics.  Such harassment not only contravenes the Company’s policy but it may also constitute unlawful discrimination.  Such behaviour will be treated as potential gross misconduct under the Company’s disciplinary procedure and could render the employee liable to summary dismissal.  Employees should bear in mind that they can be held personally liable for any act of unlawful harassment.  Employees who commit serious acts of harassment may also be guilty of a criminal offence.

Responsibility for the implementation of this Policy

All employees are responsible for conducting themselves in accordance with this policy and the Company will not condone or tolerate any form of harassment, bullying or intimidation, whether engaged in by employees or by outside third parties who do business with the Company, such as clients, customers, contractors and suppliers.  The Company will take appropriate action against any third parties who are found to have committed an act of improper or unlawful harassment against its employees.

Employees should draw the attention of their line manager to suspected cases of harassment, bullying or intimidation.  Employees must not victimise or retaliate against an employee who has made allegations or complaints of harassment or who has provided information about such harassment.  

Such behaviour will be treated as potential gross misconduct under the Company’s disciplinary procedure.  Employees should support colleagues who suffer such treatment and are making a complaint.

We all have a responsibility to help create and maintain a work environment free of harassment and bullying. Managers have a particular responsibility to make sure that staff know what standards of behaviour are expected of them, and to intervene to stop bullying or harassment.  Everyone must treat colleagues with dignity and respect, and be aware of how their own behaviour may affect others and change it, if necessary.