We are committed to creating a safe working environment free from harassment, including sexual harassment, and bullying, where everyone is treated with dignity and respect.

Everyone has a clear role in helping create a climate at work in which bullying and harassment are unacceptable.

The early resolution of Dignity at Work concerns helps to prevent possible issues escalating. It is essential to stop any inappropriate behaviour occurring or being repeated to minimise impact for the employees concerned. If you have concerns relating to your dignity at work, you have a responsibility to work towards an early resolution of these. Where possible, every reasonable effort should be made to resolve issues 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.

Further support is available for employees impacted by issues covered by the Dignity at Work Policy.

Acts of bullying and harassing behaviour are not always intentional. Individuals may not be aware of the impact of their behaviour on others. By making the individual aware of the impact of their behaviour, this can often resolve the matter. You may feel able to tell an alleged harasser that their behaviour is not welcome and that it offends you or makes you uncomfortable. If you feel unable to do this, you may ask your line manager, trade union representative or a colleague to do this on your behalf.

If the person is your line manager, you can ask a more senior manager to talk to them. Equally, if the complaint relates to the conduct of an Elected Member, you may raise this with your Director and seek their support to raise this on your behalf.

Mediation is a process of conflict resolution between two individual employees facilitated by an independent trained mediator. The purpose of mediation is to allow the individuals concerned an opportunity to explore issues of conflict with the aim of reaching a mutually agreeable solution. It can be used at any stage in the Dignity at Work process. There needs to be willingness on the part of the employees concerned to enter into mediation on a voluntary basis. No-one can be forced into the mediation process, and the outcome will be non-binding.

Mediation is appropriate when:

• An ongoing working relationship is required
• There is a need to act co-operatively
• Conflict/differences are affecting work
• It is in both parties'' interests to resolve
• There is a willingness by both parties to resolve

If you wish to consider mediation as an informal mechanism to address your concerns, you should raise this with your line manager (or where relevant, a more senior manager) who will liaise with Human Resources to arrange for a mediator to be allocated.

If you elect to undertake the mediation process, this does not stop you from progressing your complaint more formally if the matter remains unresolved ie the unacceptable conduct is continuing.

Mediation frequently asked questions has more information.

HR Helpdesk can provide advice and explain the process for dealing with Dignity at work complaints.

The matter can be progressed to the formal stage of this Policy if:

• The informal approach does not bring about the desired result ie the unacceptable conduct is continuing; or
• You feel that an informal approach is not appropriate due to, for example, the seniority of the other individual concerned; or
• You feel that the matter is so serious that an informal approach is not possible

If you wish to progress with a formal complaint, you must submit a written complaint to either to your line manager or next appropriate Senior Officer or the Service HR contact, confirming whether informal approaches have been unsuccessful or explaining why such an approach was not taken.

Your complaint will then be dealt with in line with the Dignity at Work Policy and the guidance How to deal with formal Dignity at Work complaints (guide for managers).

You have the right to submit one appeal against the outcome of consideration of your complaint. This would be either:

• If you 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 you 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.

It is important that you report any concerns as soon as possible, as you 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 be dealt with. Many people do not consider behaviours like flirting or sexual comments to be sexual harassment, thinking they are too minor to be labelled that way. However, where this behaviour is unwanted or unwelcome, then it is reportable.

You do not have to be the recipient or target of sexual harassment to make a complaint about it. If you’re making a complaint on behalf of someone, you do not necessarily need the permission of the person who’s been sexually harassed, however we would always recommend you speak to the recipient of the behaviour first.

Where anonymous reports are received or where complaints are withdrawn, we may continue to investigate these concerns where appropriate. Our ability to investigate and act may be restricted in these circumstances, and we will act with respect and empathy towards any person who has raised a concern but no longer wishes to be involved in the process.

You may feel reluctant to report sexual harassment by a service user, especially if it might cause negative repercussions for them, or a stop in services, but it is important to understand that you have the right to feel safe at work. You also have a responsibility to protect other colleagues from third party harassment.

You should report incidents of sexual harassment, including by third parties, that you witnessed or become aware of.

You 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. If the incident is linked to something like race, gender, or other personal traits, you should make sure to include that information in the form.
• Telling your manager.
• Telling your trade union representative.
• Getting in touch with HR Helpdesk (hrhelpdesk@falkirk.gov.uk) if you are not comfortable talking to your manager.
• Using the Council's Whistleblowing Policy if the situation is serious and you don't know who to talk to.

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