The University has updated its policy on bullying, harassment, and sexual misconduct, and it is important that all staff familiarise themselves with it to understand what is and what is not acceptable behaviour.
We have adopted a zero tolerance approach which means any instance of bullying, harassment, or sexual misconduct will be investigated and where necessary, disciplinary sanctions used, so that our staff, students, and visitors can enjoy an environment where everyone is treated with dignity and respect.
We have produced a video asking staff some questions such as “is it OK to ask a colleague out for a date?” and “is it ok to comment on someone’s appearance?” Click on the link below ensuring you have sound activated or headphones available to hear responses from a variety of staff on campus.
Further information for staff is available on the intranet pages.
The FAQs will help managers answer most questions, but if there is anything we haven’t covered, please contact your People and OE Partner for further information.
Harassment is unwanted or unwelcome behaviour that is meant to, or has the effect of, either:
Harassment by someone at work is unlawful discrimination under the Equality Act if it’s because of, or related to:
The Equality Act calls these things protected characteristics.
Sexual misconduct is a form of sexual harassment and is unwanted behaviour of a sexual nature which:
You don’t need to have previously objected to someone's behaviour for it to be considered unwanted.
Examples of sexual misconduct include unwanted sexual remarks, groping, or serious sexual harassment such as rape and sexual assault.
Universities UK (UUK) require us to have either a stand-alone policy or to integrate sexual misconduct into our existing policy. We decided to integrate it into our bullying and harassment policy.
In everyday language, bullying and harassment can be used almost interchangeably but in law, harassment refers to unwanted behaviour relating to a specific set of protected characteristics:
The Equality Act 2010, features victimisation and harassment while 'bullying' doesn't feature as a legal term at all but we do not want bullying within the University so have included it in our policy.
Victimisation broadly refers to bad treatment directed towards someone who has made or is believed to have made or supported a complaint under the Equality Act.
It includes situations where a complaint hasn't yet been made but someone is victimised because it's suspected they might make one.
This means any instance of bullying, harassment or sexual misconduct will be investigated and where necessary disciplinary sanctions imposed so that our staff, students and visitors can enjoy an environment where everyone is treated with dignity and respect.
Zero tolerance aims to eliminate undesirable behaviour among staff and students and means that if bullying, harassment or sexual misconduct has occurred, action will be taken.
A colleague can another colleague on a date but if the answer is no or ambiguous then it is not fine to repeat asking them. That is when it can turn into harassment.
If there is a power relationship (for example a member of staff and a student or a senior member of staff and a member of their team) then it is important that any ongoing relationship is disclosed to a senior manager so that professional boundaries can be established to protect both parties. For example, a lecturer should not be marking exam scripts of a student they are dating and a senior manager cannot oversee a salary decision or promotion case for someone they are having a relationship with so in all cases where there is potential for a conflict of interest, the relationship should be disclosed to the relevant senior manager.
Banter defined as playful and friendly exchange of remarks between colleagues is fine as long as it doesn’t include poking fun at the expense of a colleague to make everyone else laugh, that is when it turns into bullying and needs to stop. Third parties can also complain about comments even if they weren’t directly involved in the conversation. Comments related to one of the protected characteristics under the Equality Act 2010 i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex (gender), sexual orientation are likely to be considered harassment/bullying and should not be made.
It is fine to tell a colleague that you like their new haircut, for example, but we should be aware that some comments about appearance can embarrass or even offend people and we need to err on the side of caution, particularly with people we don’t know well. Respect is key and it may be good to reflect on whether we would compliment a female colleague in the same way we would a man or vice versa.
Staff can socialise with students in an appropriate context such as a departmental BBQ or drinks after a field trip but it is important to remember that even when you are outside work you still need act professionally at all times in their relationships with students. The staff-student relationship is not equal, which means there is always an inherent power imbalance and these boundaries are breached when a member of staff misuses the power imbalance in such a way that the student’s welfare is compromised.
Your line manager, HR advisor or trade union representative are available within the University. You can also contact the Employee Assistance Programme, available 24/7 on Tel: 0800 1116 387.
Report the situation to your line manager or HR Advisor, providing a written statement of what you observed if possible. They will take it forward with the appropriate department.
Your line manager, HR advisor or trade union representative are available within the University. You can also contact the Employee Assistance Programme, available externally 24/7 on Tel: 0800 1116 387.
Finally thanks to the three trade unions (Unite, UCU and Unison) who worked alongside HR to produce the updated policy and the willing volunteers who appeared in the video.
