We are committed to creating a safe working environment free from harassment and bullying, where everyone is treated with dignity and respect. We aim to ensure that complaints of harassment, including sexual harassment, are dealt with quickly, sensitively and confidentially.

All employees should be treated equally irrespective of their sex, marriage and civil partnership, age, race, ethnic origin, sexual orientation, disability, religion or belief, gender reassignment and pregnancy and maternity. These are the protected characteristics defined in the Equality Act 2010. We will not tolerate any form of harassment, or victimisation of a person who has raised an allegation, and where necessary, it will be treated as a disciplinary matter.

Some forms of harassment, including sexual assault and other physical threats and hate crimes, are a criminal matter and we will support employees who report such incidents to the Police. Where a complaint is reported to the police, or criminal court proceedings are being pursued, where appropriate, it must still be investigated by the Council as an employment matter and may be referred to be dealt with under our Disciplinary Policy. HR can provide guidance on the appropriate approach.

The Worker Protection (Amendment to Equality Act) Act enhances protections against sexual harassment and sets specific responsibilities for the Council. It shifts the focus from redress to prevention, putting the onus on the Council to take proactive steps. Taking proactive steps to prevent incidents of harassment and bullying arising will also help build a more inclusive and positive workplace culture. Because of these additional requirements, there is a separate How to deal with sexual harassment (guide for managers).

The aim of this policy is to highlight the options available to employees if they are subject to bullying, harassment and/ or victimisation and to ensure that those responsible for managing and supporting employees are aware of their responsibilities.

This policy applies to all Falkirk Council employees in any work-related setting. It also applies when a complaint is made against an Elected Member.

All reports made under the policy must be dealt with in accordance with the General Data Protection Regulation (GDPR) and treated sensitively and confidentially.

Information on support available to employees impacted by issues covered by the policy can be found below.

This policy deals with bullying, harassment and victimisation in the workplace which may be defined as follows:

For the purposes of this policy, harassment will also include conduct of a similar nature which is not related to a protected characteristic.

Victimisation, for the purposes of this policy, is less favourable treatment of an individual because they have made a complaint or intend to make a complaint about being bullied or harassed or act as a witness in this regard.

Whether intentional or not, such conduct is unacceptable and all complaints will be treated seriously. Examples of unacceptable behaviour are:

• Spreading malicious rumours or insulting someone (particularly on the grounds of age, race, sex, disability, sexual orientation, religion or belief, gender reassignment, marriage and civil partnership, pregnancy and maternity).
• Copying emails that are personal about someone to others who do not need to know.
• Ridiculing or demeaning someone ie picking on them or setting them up to fail.
• Exclusion or victimisation.
• Unfair treatment.
• Overbearing supervision or other misuse of power or position.
• Making threats or comments about job security without foundation.
• Deliberately undermining a competent worker by overloading and constant criticism.
• Preventing individuals progressing by intentionally blocking promotion or training opportunities.
• Jokes, banter, emails or deliberate abuse directed at a person or group.
• Sexual harassment of any kind.

Whilst the list of above examples is not exhaustive, it is representative of many types of behaviour that others may object to and find offensive which could create an intimidating working environment.

When determining whether a matter may constitute a breach of Dignity at Work, an important factor to be considered is the perception held by the individual who is claiming to have been harassed, bullied or victimised and whether it was reasonable for them to hold that perception.

Managers are expected to lead and manage employees which involves setting and making sure employees understand performance standards. Legitimate, constructive and fair criticism of an employee's work performance or behaviour either informally or formally is not bullying.

Anyone can be a victim of sexual harassment, regardless of their sex, sexual orientation, or gender identity or that of the harasser.

Employees can experience sexual harassment from anyone they encounter because of the job, including:

• colleagues
• a manager, supervisor, Elected Member or someone else in a position of authority
• third parties; this includes customers, service users, suppliers and visitors to our premises

Examples of sexual harassment include, but are not limited to:

Physical conduct

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging.
• Physical violence, including sexual assault and rape.
• Fondling, or inappropriate touching.
• The use of job-related threats or rewards to solicit sexual favours.

Verbal conduct

• Sexual banter
• Sexual advances / flirting
• Insults based on the sex of the worker
• Sexual comments about someone's sexual orientation or gender identity
• Spreading sexual rumours about a person, or their sexual conduct out with work
• Intrusive questioning or suggestions about a person’s sex life
• Addressing colleagues as "sweetheart" or using other unprofessional nicknames
• Sending/sharing sexually explicit messages/images (by any medium)
• Comments on a worker's appearance, body shape, age or private life
• Repeated and unwanted social invitations for dates or physical intimacy
• Coercion
• Gaslighting (a form of covert emotional abuse)

Non-verbal conduct

• Display of sexually explicit or suggestive material or imagery
• Whistling/catcalling
• Sexually suggestive gestures
• Leering
• Posts or contact on social media
• Predatory behaviour
• 'Upskirting' that typically involves someone taking a picture under another person's clothing without their knowledge
• Watching or looking at pornography in the workplace / classroom

There may be other sexual behaviour not listed here, which though not unwanted by the recipient would still be inappropriate in the workplace or while working for the Council.

Legislation requires the risk of Sexual Harassment occurring during Falkirk Council work activities to be appropriately risk assessed.

All Activity Risk Assessments on the EVOTIX Assure health & safety system will reflect this. How to deal with sexual harassment (guide for managers) provides more details.

It is important that employees who feel that they have experienced sexual harassment in the workplace report any concerns as soon as possible, as they may be the first to formally raise something that has been occurring for some time. However, if concerns are raised about historical matters, these will be investigated in the same way. Sexual harassment is never too minor to report. Any behaviour which is unwanted or unwelcome, is reportable.

See How to raise Dignity at Work concerns, including sexual harassment for further guidance on how to report sexual harassment.

Definition

A prejudice-based incident is any incident that is perceived by the victim or any other person to be motivated by hostility or prejudice based on any aspect of a person's identity, including the protected characteristics under the Equality Act 2010: race, religion, disability, sexual orientation, gender identity, age, nationality, ethnicity, appearance, language and social class. 

A prejudice-based incident may also occur because someone associates with a person who has / is perceived to have or is providing support to a person or group with, one or more protected characteristic.

Employees can report sexual harassment or prejudice-based incidents using one of the following options:

• Reporting it online by using the Employee Portal of the EVOTIX Assure system. Be sure to record if the incident is linked to race, gender, or other personal traits.
• Telling their manager or another manager.
• Telling their trade union representative.
• Getting in touch with HR Helpdesk (hrhelpdesk@falkirk.gov.uk) if they are not comfortable talking to their manager.
• Using the Council's Whistleblowing Policy if the situation is serious and they don't know who to talk to.

See How to raise Dignity at Work concerns, including sexual harassment.

Line managers must report all complaints of sexual harassment or prejudice based incidents made to them on the EVOTIX Assure health & safety system. This includes complaints made against third parties. Recording is important to ensure that we can tackle concerns about potential sexual harassment within the organisation. The system should be updated with the outcome, once an appropriate resolution has been reached.

See How to deal with formal Dignity at Work complaints (guide for managers) and How to deal with sexual harassment (guide for managers).

Failure to deal with allegations of harassment, including sexual harassment, bullying or victimisation at work or by a third party such as a client of the Council may expose both the Council and employees to a number of legal consequences. Complainants can cite both the employer and individual employees as respondents at Employment Tribunal and, if the case is upheld, both may be held liable.

Everyone must therefore take responsibility to ensure culture where matters are raised, investigated and dealt with.

You have a clear role in helping create a climate at work in which bullying and harassment are unacceptable. You therefore have specific responsibilities as follows:

• Treat all colleagues and service users with respect and dignity and contribute positively to effective working relationships. 
• Not to discriminate against other employees.
• Not to intimidate, threaten or bully other employees or otherwise behave in a manner inconsistent with fair and dignified treatment of employees at work. 
• Not to victimise any individuals who have raised concerns or acted as a witness in relation to any breach of this policy.
• Complete as required the mandatory Equality, Diversity and Inclusion online training on Olle to raise your awareness on legislative changes and your obligations to report incidents at work.
• Bring to the attention of management any breach of this policy witnessed, providing evidence where possible; and reporting this appropriately.
• Support any proceedings to consider allegations under this policy and not misuse the provisions of this policy by making malicious or groundless complaints.
• Not to sexually harass any other person in the course of your work for the Council, including any of our employees, workers, customers, clients or suppliers. 
• If you have, or are concerned that you have, engaged in unwanted conduct of a sexual nature (intentionally or otherwise), you should take responsibility and apologise for your actions as soon as you can, as they may amount to sexual harassment. This is important as it may prevent the recipient of your behaviour from experiencing further trauma. If, at any time, you are asked (verbally or in writing) by someone who considers your behaviour to amount to sexual harassment to stop, you must not persist in that behaviour. In such circumstances, it is important that you reflect on your behaviour and the way in which it is perceived and experienced by others. 
• Report incidents of harassment, including by third parties, that you witnessed or become aware of, provided it is safe, and you feel able to do so. You can use the Employee Portal, speak to your line manager, another manager, trade union representative, or contact the hrhelpdesk@falkirk.gov.uk. 
• If you have been a victim of physical violence or any other crime, you should contact the police as soon as possible. 

Falkirk Council requires managers to behave in a professional manner at all times and to be aware of how your own behaviour can adversely impact on staff and potentially be perceived as harassment or bullying depending on the circumstances, including:

• Deliberately imposing grossly excessive or unachievable workloads or impossible deadlines in order to make life difficult for a particular employee.
• Repeated unfair criticism or destructive and negative criticism that focuses on blame rather than future improvement.
• Criticising individuals in front of colleagues or raising voice to an unacceptable level/aggressive behaviour.
• Excessive or overbearing monitoring of a particular employee's work without good reason.
• Ordering a particular employee to work below their level of ability, or to perform mundane demeaning tasks, with no proper reason. 
• Removing an employee’s responsibility without consultation and for no proper reason.
• Threatening an employee with dismissal, moving to another role or changing the role.

Managers should always:

• Promote an inclusive workplace and demonstrate a zero-tolerance approach to harassment and pass this responsibility through all levels of management.
• Ensure the requirements of the policy are drawn to the attention of employees and that appropriate guidance and support is given in the implementation and application of the policy.
• Respond in a respectful, non-judgemental and sensitive manner to any reports of sexual harassment.
• Ensure the risk of sexual harassment occurring during Falkirk Council activities is appropriately risk assessed and reflected on risk assessments.
• Ensure that they and their staff complete the mandatory Equality, Diversity and Inclusion online training on Olle to raise their awareness on legislative changes and their obligations to report incidents at work.
• Make it clear to everyone who works for them, or uses their services, that the Council does not tolerate harassment including sexual harassment, bullying, discrimination, or abuse in any form, and we are committed to promoting a safe and respectful workplace. 
• Encourage staff to report any incidents of sexual harassment or other prejudice-based incidents. See How to raise Dignity at Work concerns, including sexual harassment, for more details.
• Encourage staff to report situations where they felt at risk, even if nothing happened. 
• Set standards of behaviour including at work social events.
• Record any prejudice-based incidents.
• Ensure that, where an employee reports any act of harassment by a third party such as a client of the Council, these complaints are dealt with in accordance with the How to prevent and manage occupational violence and unacceptable actions guidance. Including taking reasonably practicable steps are taken to prevent such harassment recurring.

Managers and Elected Members have a particular duty to set a proper example by treating everyone with dignity and respect. You must be committed to the elimination of harassment and be vigilant in preventing acts of harassment and victimisation where possible.

Trade Unions should:

• Support the Council in its efforts to provide a working environment free from harassment, bullying and victimisation.
• Read and understand this policy so that they know how to support members who may be affected by bullying and harassment in the workplace.
• Participate in training and development activities as and when required to support the implementation of this policy.
• Help inform the workforce of the policy and encourage employees who may have a problem to seek to resolve this through the policy and procedure available to them.
• Advise members of their rights and responsibilities under the policy and represent members as and when appropriate.

The early resolution of concerns is a key aim of this policy, particularly to prevent possible issues escalating. It is also essential to stop any inappropriate behaviour occurring or being repeated to minimise anxiety for the employees concerned. As a result, all employees have a responsibility to work towards an early resolution.

Where possible, employees who are subjected to a breach of their dignity at work are encouraged to make every reasonable effort to resolve this informally through one of the mechanisms listed below. Whether it is appropriate will depend on the circumstances, for example, the nature of the harassment and individuals involved. A different approach may be appropriate for example if the alleged harasser is in a more senior position than the complainer.

These may include:

• Speaking to the alleged harasser
• Asking someone else to speak to the alleged harasser
• Mediation

See How to raise Dignity at Work concerns, including Sexual Harassment and How to deal with sexual harassment (guide for managers) as appropriate for further information.  

For details of how to make a formal complaint see How to raise Dignity at Work concerns, including sexual harassment.

Falkirk Council has a duty of care towards all its employees; therefore, depending on the nature of the allegations, and to ensure that the integrity of the process is not compromised, it may be difficult for both parties to continue to work in the same environment. In specific circumstances, it may be appropriate for relevant managers to consider temporary redeployment or suspension, however this must be done in consultation with Human Resources.

Guidance for managers receiving a formal complaint can be found at and How to deal with sexual harassment (guide for managers) and How to deal with a formal Dignity at Work complaint.

When two or more employees make similar complaints about an individual, Human Resources can advise on the appropriate approach as required. This will include a consideration to whether a formal investigation is needed.

On receipt of the complaint, if the recipient considers that an informal approach may assist in resolving the situation, this will be discussed with the employee. Otherwise, the line manager (where they have not been involved in the complaint to date), or a more senior nominated manager will arrange to meet with the employee/complainant with a representative from Human Resources as appropriate/required. The employee has the right to be accompanied at this meeting by a work colleague or trade union representative.

Where it is determined that remedial action may be required involving the individual being complained about or that a formal investigation is required, the manager must make the complainant aware that the employee complained about will be advised of the concerns they raised once the outcome of the preliminary meeting is accepted.  

If the complainant wishes to remain anonymous, Human Resources can advise on the appropriate approach as required.

Unless otherwise agreed, the manager should write out within 5 working days of the preliminary meeting to confirm their decision in relation to the course of action to be adopted.

Where the decision is taken that an investigation is appropriate due to a potential breach of the Dignity at Work Policy, an Investigating Officer will be assigned to explore the allegations. The investigation will be conducted in line with the Council's Disciplinary Policy.

Allegations considered by an investigation will be taken seriously. However, if these are subsequently found to be malicious or are unsubstantiated, disciplinary action may be considered against the complainant.

The outcome of any disciplinary proceedings is confidential and, as such, will not be disclosed to the complainant. The behaviour which caused the original concerns will be expected to stop and the complainant will be advised, in writing, in general terms whether their concerns were substantiated.

Where an investigation relates to employees from separate Service areas, further consultation is required with Human Resources to ensure that relevant parties are advised, as appropriate, of any required actions.

The complainant has the right to submit one appeal against the outcome of consideration of their complaint. This would be either:

• If they are not satisfied with the outcome of the preliminary meeting - in which case the appeal should be submitted within 10 working days of receipt of the outcome letter from the preliminary meeting, or
• If the complaint is investigated, and they feel dissatisfied with the conduct of the investigation or its outcome - in which case the appeal should be submitted within 10 working days of the outcome letter sent following the investigation.

Any such appeal will be considered in line with the appeals stage of the Council's Grievance Policy.

Where allegations are raised against service users, customers or pupils, this would be handled through our How to prevent and manage occupational violence and unacceptable actions guidance.

Where a complaint relates to the conduct of an Elected Member, it should be considered in the first instance by the Director (of the Service in which the person making the complaint works). The Director should meet with the employee with a view to determining:

• Whether the complaint is appropriately dealt with under this Policy; and
• Whether any of the informal mechanisms to resolve the problem are appropriate and whether the employee wishes to pursue these

If the Director determines that the complaint should be dealt under this Policy and either has further determined that the informal mechanisms are not appropriate or has determined that they would be appropriate, but the employee does not wish to pursue them, the Director will appoint a Chief Officer to conduct an investigation of the complaint.

The purpose of the investigation will be determined whether, on a balance of probabilities, the conduct complained of has taken place and whether this amounts to bullying, harassment or victimisation. In the event that the Chief Officer finds that there has been conduct in breach of the Policy, the Chief Officer's report will be referred to Council.

The Council will consider the appropriate action to be taken against the Elected Member and, in particular, whether a referral should be made to the Commissioner for Ethical Standards in Public Life in Scotland.

The following support is available to employees who raise a complaint, are accused of sexual harassment, or are witnesses:

• Employee Assistance Programme
• Mental Health First Aiders
• Able Futures
• Occupational Health
• HR Helpdesk
• Support from Trade Unions

External support may also be available from other organisations, such as:

• The Equality and Advisory Support Service
• Samaritans
• Scottish Women's Rights Centre
• LGBT Foundation
• Rape Crisis Scotland
• Victim Support Scotland
• Galop - the LGBT+ anti-abuse charity
• SurvivorsUK - for men and non-binary people affected
• The Survivors Trust - Rape & Sexual Abuse Services UK
• Reporting hate crime - Police Scotland

The process will be explained to you in advance of the meeting and again at the start of the mediation meeting. You will have the opportunity to ask any questions about the process if you are unsure.

The mediation process is voluntary and will only go ahead if both parties agree to it. Taking part in mediation does not mean that blame has been attributed to either party.

The mediator is impartial and is only involved to facilitate discussion to enable you both to agree a solution.

The solution requires to be workable and practical. The mediator cannot influence resources or management structures therefore the solution identified should be practical within current working arrangements.

Both parties have to make a commitment to be involved and the outcome has to suit you both.

Both parties will have the chance to explain what the issues are.

The mediator controls the meeting and will make sure the ground rules are adhered to, however you can call for a recess at any time.

Mediation does not stop you from taking out a formal complaint if you are not happy with the outcome.

It could save time if you are able to reach a solution without having to resort to a more formal route.

They have signed up to the process so is also looking to agree a solution that is acceptable to you both.

As a general rule the agreement must be between two parties. However depending on exceptional circumstances it may be appropriate to discuss being accompanied.

They do not have to as the solution comes from you.

Yes, both parties will sign up on this basis. However if there is any suggestion of illegality (eg child protection issue) the mediator will bring the session to a close and will advise that he/she may have to inform appropriate bodies.

Your manager will be made aware of the arrangements to allow time off for mediation. However they will not be aware of the discussions that take place in the mediation meeting. There is the opportunity for both parties to agree at mediation if some element of the agreement should be shared with your manager.