Bullying and Harassment Policy

Transcription

1 SH HR 10 Version: 2 Summary: Keywords (minimum of 5): (To assist policy search engine) Target Audience: The Bullying and Harassment policy and procedure provide a framework for the management and resolution of complaints of bullying and harassment. Bullying, Harassment, Abuse, Complaint, Dignity, Disciplinary. All Southern Health NHS Foundation Trust staff. Next Review Date: March 2018 Approved and Ratified by: Staffside Policy Scrutiny Group Joint Consultative and Negotiating Committee Date of meeting: 26 February March 2014 Date issued: Author: Version 1 Liz Skeats Head of HR Integrated Community Services Rita Hawkshaw HR Manager Best Practice Sponsor: Sandra Grant Director of Workforce, Development and Communications 1

2 Version Control Change Record Date Author Version Section Reason for Change Feb Rita Occupational Health self-referral removed replaced with 2014 Hawkshaw, management referral and/or support by Workplace Options. HR Manager- Best Throughout Terminology aligned stage names. Practice 6.2. Introduced/referred to new complaint record template(as opposed to complaint letter) 7.1 Follow-up to interventions -to be normally no later than 2 months (as interventions such as mediation may take longer than 2 months to have an effect). 10 Monitoring compliance table removed 12 Associated documents updated Appendix 1 Unacceptable behaviour - bullying via social media added 16/3/17 Review date extended from April to June /7/17 Review date extended to December /11/17 Review date extended to Mar 2018 Reviewers/contributors Name Position Version Reviewed & Date Human Resources Team, Human Resources Scrutiny Group, Staff Side, Joint Consultative and Negotiating Committee and Strategic Workforce Committee. Human Resources Team, Staff Side, and Joint Consultative and Negotiating Committee. Version 1, Aug 2012, Oct 2013 Feb

3 Contents Page 1. Introduction Scope Definitions Roles and responsibilities 5 5. Policy 7 6. Process Additional Information Confidentiality 9 9. Training Requirements Monitoring Compliance Policy Review Associated Documents Supporting References. 10 Appendices A1 Examples of unacceptable behaviours.. 11 A2 Equality Impact Analysis Screening Tool

4 1. Introduction 1.1. As an equal opportunities employer, Southern Health NHS Foundation Trust (the Trust ) supports a working environment for individuals in which dignity at work is paramount. Everybody has a right to be treated with dignity and respect in order to realise their potential and to achieve the Trust s objectives The purpose of this policy and procedure is to support a working environment and culture in which bullying and harassment of any kind will not be tolerated. Such behaviour may be regarded as a disciplinary offence. Where the allegations are founded, this may lead to a disciplinary sanction including summary dismissal. 2. Scope 2.1. This policy and its associated procedures will apply to all staff directly employed by the Trust other when specific conditions may apply e.g. to Medical and Dental staff. This also includes trainees, secondees and staff on honorary contracts or on joint contracts with the Trust and another employer, visitors, patients, contractors and staff from other organisations working on Trust premises The policy applies to all staff during working hours and outside working hours when attending formal workplace functions when the Trust retains an employer s liability for the actions of its staff. 3. Definitions 3.1. In the Equality Act 2010 harassment is defined as unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual s dignity or creating and intimidating, hostile, degrading, humiliating or offensive environment for that individual In general terms, Harassment may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient Bullying is not specifically defined in law, but, ACAS define bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient' Bullying or harassment may be by an individual against an individual or involve groups of people. Whatever form it takes, it is unwarranted and unwelcome to the individual. Appendix 1 gives examples of unacceptable behaviours that can be considered to constitute bullying and harassment. 4

5 3.5 Inappropriate conduct can be defined as behaviors that make an individual feel intimidated, degraded, humiliated or offended is considered to be unacceptable conduct. Even if there was no intent to cause offence, if an individual s perception is that the behaviour and conduct is unacceptable; it is the impact of the conduct and not the intention which determines whether or not the behaviour is unacceptable. 4. Roles and Responsibilities 4.1. Trust The Trust has an obligation under the Health & Safety Act 1974 to ensure a safe and healthy working environment. NHS Constitution also specifies that NHS organisations look after the wellbeing of their work force. It is therefore essential a culture is established where bullying and harassment is unacceptable and will not be tolerated Managers All managers have a responsibility to implement this policy and to bring it to the attention of staff in their work area, in order to establish and maintain a work environment free of bullying and harassment. They must: set a positive example by treating others with respect and setting standards of acceptable behaviour; promote a working environment where bullying and harassment is unacceptable and not tolerated; treat a complaint seriously and deal with it promptly and confidentially, giving the member of staff and the alleged perpetrator full support during the whole process; tackle and where possible, resolve any incidents of bullying, harassment before the formal process is invoked; and consult with the Human Resources Team at any time for advice and support Staff All staff have a personal responsibility for their own behaviour and for ensuring that they comply with the policy. The Trusts expects all staff to: help promote an environment by treating everyone with dignity and respect; familiarise themselves with the Trust s policy on Bullying and Harassment and work within its boundaries; appropriately challenge and/or report behaviour that may be considered to be offensive when directed against themselves or others; and support the Trust by engaging with the informal and formal processes that challenge offensive behaviours in the workplace. 5

6 Any member of staff that is subject to bullying and/or harassment but do not feel able to talk about it yet, should make notes including dates and details which will help events to be recalled clearly at a later date. As an alternative, staff can also contact their HR professional, Trade Union representative, an independent advisor through the Trust s Employee Assistance Programme Workplace Options for advice and support Human Resources The Director of Workforce, Development and Communications has delegated responsibility from the Board to ensure this Policy and associated procedure is properly implemented and monitored to ensure that the Organisation takes effective action to tackle harassment and/or bullying The Human Resources Team has a responsibility to ensure that the policy is followed, fairly and consistently. Their duties will involve: advising managers and staff where individuals feel that they are being harassed or bullied in the course of their employment; ensuring the effective implementation and embedding of the policy through education and monitoring activity; advising managers on the application of the policy; monitoring incidences of bullying and harassment and initiating appropriate action; and reviewing and amending the policy as necessary Trade Unions The Trust recognises the important role Trade Unions play in addressing bullying and harassment and members are encouraged to approach their representatives regarding their concerns The Trust will work in conjunction with the Trade Unions in addressing unacceptable and inappropriate behaviors Other Roles Employee Assistance Programme (EAP) Counselling, advice and support are available through the Employee Assistance Programme (EAP), Workplace Options. This support gives individuals the opportunity to discuss and explore their problems in complete confidence with an experienced, sympathetic professional initially over the phone This approach provides short-term solution-focused counselling to assist staff in identifying the problem and developing a practical plan of action for resolving it, and can be effective in treating a wide range of occupational and domestic stress related issues. 6

7 The EAP is provided by Workplace Options; telephone number ; Occupational Health (OH) Any member of staff who is involved in a claim of bullying and harassment may find it helpful to talk to OH. A management referral may be made for the staff to Occupational Health. 5. Policy 5.1. This policy outlines the Trusts guiding principles when addressing staff allegations of bullying and harassment. The Trust endeavors to provide a supportive working environment and culture in which bullying and harassment of any kind will not be tolerated. The delivery of this policy will promote fair and transparent practice throughout the Trust The Trust is committed to achieving informal resolution of complaints relating to bullying and harassment wherever possible Complaints that such conduct has taken place must be supported by examples of particular behaviour. Examples of unacceptable behaviour are provided at Appendix One Staff that invoke the harassment and bullying procedure against a manager who is in the course of managing issues of capability or conduct through formal procedures will have their complaint addressed in line with normal Trust and statutory procedures. If the complaint, following investigation, is subsequently found to be without foundation and/or is considered malicious, the case will be investigated and dealt with fairly and objectively under the disciplinary procedure There may be cases where an individual makes an unfounded allegation of bullying and/or harassment for malicious reasons. These cases will be investigated and dealt with fairly and objectively under the disciplinary procedure. 6. Process 6.1 Initial Process Ideally relationship issues and conflicts between colleagues should be dealt with through less formal processes wherever possible. Sometimes people are not aware that their behaviour is unwelcome and an unofficial discussion can lead to greater understanding and an agreement that the behaviour will cease In many cases it may be sufficient for the complainant of the unfair treatment to raise the problem directly with the person they think is responsible. The matter should be raised at the time or as soon as reasonably possible The complainant should explain what the offending and unwanted behaviour is to the perpetrator, the impact and consequences of such behaviour and seek agreement that the behaviour will cease. Offending individuals could be unaware 7

8 of, or insensitive to, the impact of their actions and such discussions can change behaviour or prevent further incidents. Being aware that the situation is noticed and being monitored also can act as sufficient motive to stop the offending actions If the complainant feels uncomfortable speaking directly to the perpetrator they can seek support from an appropriate person. It can then be established whether a facilitated conversation between the two or more colleagues might resolve the situation or whether further assistance is required Alternatively if the member of staff does not feel comfortable discussing the issue with their Line Manager, they can also discuss their concerns with HR or their Trade Union representative Where a less formal process is not successful or not possible, it will be necessary to move to the formal process. 6.2 Formal Process Informal Resolution - Stage In the first instance, the aim is to resolve any complaint as informally as possible, however if this is not possible then the following procedure should be adopted where a member of staff has a complaint relating to bullying and/or harassment The first stage of the formal process will be for the complainant to submit a formal complaint in writing to their Line Manager as soon as realistically possible after the event or realisation of the problem or the attempted resolution The complaint should detail relevant dates, witnesses and incidents; and any approaches asking the alleged perpetrator to stop (for this purpose, a template complaint record is provided in the Bullying and Harassment Procedure). The information provided should be as concise as possible and care should be taken that the information focuses on the actual complaint/s and is not defamatory. The person against whom the complaint has been made will be allowed to receive a copy of the complaint record Following receipt of a written complaint (complaint record) and as part of stage 1 the Line Manager and complainant will meet with the Human Resources professional to review the case to determine whether the complaint could be resolved informally or to continue with the formal process Staff will have the right to representation of a Trade Union Representative or work colleague (who is not a relative) at every stage of the formal process. 6.3 Formal Resolution Stage Should the complaint be unresolved following the informal meeting an investigation will be instigated and the Line Manager becomes the Commissioning Manager, who appoints an Investigating Officer. It may be appropriate to separate the parties by either moving the complainant and/or perpetrator to another role or requesting the complainant and/or perpetrator to remain at home on paid leave of absence, which could constitute exclusion in certain cases. This is not a disciplinary measure and as such does not represent disciplinary action or prejudice an individual s future employment. Individuals will be removed from duty for a brief period of time and will 8

9 be clearly informed in writing that they will be on full contractual pay for as short a period as possible The Commissioning Manager will read the Investigation Officer s report and consider the evidence provided to decide upon the appropriate outcome and next steps. 6.4 Appeal Stage If the complainant is not satisfied with the decision reached by the Commissioning Manager they will have a right of appeal. 7. Additional Information 7.1. The Line Manager who has implemented the appropriate action will conduct a follow up meeting, normally, no more than two (2) months after the decision to ensure that there has been a full resolution to the issue and that no victimisation or retaliation is occurring. This review will also cover anyone who has given evidence or information in connection with proceedings. This support will be available even if the allegation is not upheld, provided the complaint was made in good faith Individuals that knowingly aid another person to undertake an act of harassment will also be subject to disciplinary action. 8. Confidentiality 8.1. All complaints, associated correspondence and interviews will be treated in strict confidence All staff involved with the investigation and any subsequent processes must respect the need for confidentiality Breaches in confidentiality will be subject to disciplinary action. For further details, please refer to the Disciplinary Policy. 9. Training Requirements 9.1. The principles of this policy will be addressed in the Trust s Respect and Values training. Respect and Values training forms part of the Trust s mandatory training requirements. All new starters will complete this training as part of their organisational induction programme. Please refer to the Trust s Organisational Induction Policy appendices I, J and K for a copy of the organisational induction programme. 10. Monitoring Compliance Human Resources (HR) will monitor and analyse data on a quarterly basis. HR will use the data to monitor the implementation of the policy and management of cases. In addition, the data will be collated and analysed for information to ensure the 9

10 policy is being adhered to, to identify trends and any interventions required to address any problem areas Subsequently, the data will be used to inform and improve policies, as well as provide recommendations for improving working practices. HR will provide relevant reports, based on this data, to the Strategic Workforce Committee (SWC), Executive Board and the Joint Consultative and Negotiating Committee (JCNC). 11. Policy Review The policy and procedures contained within these documents will be in place for three years following approval of a review and amendments. An earlier review can take place should exceptional circumstances arise resulting from this policy; in whole or in part, being insufficient for the purpose and/or if there are legislative changes. 12. Associated Documents Equality, Diversity and Human Rights Policy Disciplinary Policy and Procedure Exclusion Policy and Procedure Grievance Policy and Procedure Health and Safety Policy Speak Up (Whistleblowing) Policy and Procedure Workforce Investigation Policy and Procedure Code of Conduct for NHS Managers The Criminal Justice and Public Order Act The Protection from Harassment Act 1997 Equality Act 2010 HSE Act 1974 NHS Constitution Maintaining High Professional Standards in the Modern NHS 13. Supporting References NHS Employers is responsible for workforce and employment issues, working on behalf of NHS organisations in England. ACAS is an organisation devoted to preventing and resolving employment disputes. The Health & Safety Executive protects people against risks to health or safety arising out of work activities. The Dignity at Work Partnership was established to tackle the problem of bullying and harassment in the workplace. 10

11 APPENDIX ONE EXAMPLES OF UNACCEPTABLE BEHAVIOURS Unfair treatment can take a wide range of forms. Some examples are cited below, however it should be noted that this list is not exhaustive: Bullying by exclusion this may take the form of social isolation and/or exclusion from meetings The deliberate withholding of information with the intention of affecting a colleagues performance Unfair and destructive criticism Intimidating behaviour including unwanted jokes and comments Verbal abuse and spreading of malicious rumours Humiliation or ridicule Setting of unrealistic targets which are unreasonable and/or changed with limited notice or consultation Copying memos that are critical about someone to others that do not need to know Physical conduct ranging from unwelcome touching to serious assault; Unwelcome sexual advances; The offer of rewards for going along with sexual advances, e.g. promotion, access to training; Threats for rejecting sexual advances, e.g. suggestions that refusing advances will adversely affect the individuals employment, evaluation, pay, advancement, assigned work, or any other condition of employment or career development; Demeaning comments about a person's appearance; Questions about a person's sex life; The use of obscene gestures; 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. Bullying via social media. Definitions are mainly based on examples provided by ACAS. 11

12 APPENDIX TWO - Equality Impact Analysis Screening Tool Equality Impact Assessment (or Equality Analysis ) is a process of systematically analysing a new or existing policy/practice or service to identify what impact or likely impact it will have on protected groups. It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. The form is a written record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law. For guidance and support in completing this form please contact a member of the Equality and Diversity team. Name of policy/service/project/plan: and Procedure Policy Number: SH HR 10 Department: Human Resources Lead officer for assessment: Liz Skeats: Head of HR (ICS) Amanda Goodwin: Lead Manager for Workforce Resourcing & Planning Jon Monahan: HR Manager Ricky Somal: E&D Lead Date Assessment Carried Out: July Identify the aims of the policy and how it is implemented. Key questions Answers/Notes Briefly describe purpose of the policy including As an equal opportunities employer, Southern Health NHS Foundation Trust supports a How the policy is delivered and by whom working environment for individuals in which dignity at work is paramount. The purpose of Intended outcomes this policy and procedure is to support a working environment and culture in which bullying and harassment is unacceptable. Staff treat each other with dignity and respect Staff experience the organisation as a fair and rewarding place to work and feel valued within the organisation Be a top performing Trust in terms of effectiveness in dealing with bullying and Harassment Staff feel supported and able to challenge discriminatory and/or unacceptable behaviour Ensure fair and consistent application of HR policies and procedures 2. Consideration of available data, research and information. Monitoring data and other information involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. It can help you to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster 12

13 good relations. Please consider the availability of the following as potential sources: Demographic data and other statistics, including census findings Recent research findings (local and national) Results from consultation or engagement you have undertaken Service user monitoring data Information from relevant groups or agencies, for example trade unions and voluntary/community organisations Analysis of records of enquiries about your service, or complaints or compliments about them Recommendations of external inspections or audit reports Key questions 2.1 What is the equalities profile of the team delivering the service/policy? 2.2 What equalities training have staff received? 2.3 What is the equalities profile of service users? 2.4 What other data do you have in terms of service users or staff? (e.g. results of customer satisfaction surveys, consultation findings). Are there any gaps? What do we mean by harassment and bullying? Every employee has the right not to be bullied or harassed at work and the right to complain about it should it occur. This policy and procedure is to provide a fair process for all employees of the Trust to raise any such concerns they may have in relation to their treatment at work. Section 3.1 of the policy: In the Equality Act 2010 harassment is defined as unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual s dignity or creating and intimidating, hostile, degrading, humiliating or offensive environment for that individual. Data, research and information that you can refer to The policy is relevant to all Trust staff. The Equality and Diversity team will report on Workforce data on an annual basis. All Trust staff undertake Equality and Diversity training as part of Corporate Induction (Respect and Values) and E- Learning. The Trust has adopted the Equality Delivery System and will report on patient profile data on an annual basis The Trust has adopted the Equality Delivery System which will allow a robust examination of Trust performance on Equality, Diversity and Human Rights. This will be based on 4 key objectives that include: 1. Better health outcomes for all 2. Improved patient access and experience 3. Empowered, engaged and included staff 4. Inclusive leadership The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this where this does occur. 13

14 ACAS give the following definition: Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient'. The Health and Safety Executive (HSE) is currently focusing on the issue of stress at work. HSE defines stress as the adverse reaction a person has to excessive pressure or other types of demand placed upon them. In Tackling work-related stress HSE reminds employers that looking after the health of employees includes taking steps to make sure that employees do not suffer stress-related illness as a result of work. For more information visit What internal engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? Service users/carers/staff 2.6 What external engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? General Public/Commissioners/Local Authority/Voluntary Organisations In the table below, please describe how the proposals will have a positive impact on service users or staff. Please also record any potential negative impact on equality of opportunity for the target: In the case of negative impact, please indicate any measures planned to mitigate against this. 14

15 Age Positive impact (including examples of what the policy/service has done to promote equality) Applied to all Protected Characteristics: The Human Resources Team has a responsibility to ensure that the policy and procedure is followed, fairly and consistently To ensure appropriate managers receive support and appropriate training to reduce Bullying and Harassment VOX POP: Trust Diversity Champions Network provides staff the opportunity to enhance learning Negative Impact Applied to all Protected Characteristics: Harassment or bullying can have very serious consequences for individuals and the Trust. Harassment or bullying may make people unhappy; cause them stress, affect their health and family and social relationships; may affect their attendance, work or learning performance and could cause them to leave their job. Effects on the Trust may include loss of Action Plan to address negative impact Actions to overcome problem/barrier Applied to all Protected Characteristics: This policy and procedure exists to ensure all managers and staff are clear on how bullying and harassment should be reported and how it will be managed The Trust will gather data to evidence its compliance with the Equality and Diversity agenda. (A more proactive approach to Resources required ESR Training Communication Responsibility Human Resources Learning, Education and Development Communications Workforce Annual Reports Target date On-going 15

16 and development in challenging discriminatory behaviour The policy and procedure gives staff increased confidence that issues raised will be dealt with in a sensitive manner. Reinforced message that the Trust will not tolerate unacceptable behaviour and that everyone has a duty to prevent harassment, bullying or victimisation The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this morale, poor work performance and increased turnover of staff, leading to potential negative impact on service delivery, legal claims and damage to Trust reputation. Negative Behaviours: Use of ageist stereotypes Making assumptions about abilities or fitness on grounds of age Basing selection for training or development on the grounds of age (e.g. excluding those approaching retirement) Correlating career progression with age (e.g. the assumption that recording and monitoring bullying and harassment data is required to understand whether there is any disproportionate action across the protected groups). Consistent Messages delivered across the Trust that everyone deserves to be treated with dignity and respect. 16

17 where this does occur. someone should have reached a career point by a certain age Disability The Trust will respond positively to requests of reasonable adjustments The Trust will provide information in alternative formats upon request Negative Behaviours: Jokes about disability, disabled people or people with HIV/AIDS Mimicking the effect of a disability or speech impairment ESR Training Communication Human Resources Learning, Education and Development Communications Workforce Annual Reports On-going Use of inappropriate terms relating to a person s disability Gender Reassignment The Trust Diversity Champions Network gives an opportunity for staff to learn more about the Excluding individuals with disabilities from professional and social events Negative Behaviours: Sexual harassment is one of the most common forms of ESR Training Communication Human Resources Learning, Education and On-going 17

18 Equality Act 2010 and develop understanding and awareness of Gender Reassignment harassment and is specifically outlawed by the Equality Act 2010 as is harassment of a sexual nature related to gender reassignment (ACAS) Refusing to associate with or ignoring someone because they are transgender Refusing to address the person using their new name and gender pronoun Development Communications Workforce Annual Reports Marriage and Civil Partnership The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Failure to keep confidential information about a person s transgender status No Negative impacts identified at this stage of screening 18

19 Pregnancy and Maternity Harassment cases and to investigate the reasons for this where this does occur. The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this where this does occur. No Negative impacts identified at this stage of screening Race The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this where this does occur. Negative Behaviours: Racially derogatory remarks or jokes, banter, ridicule or taunts Graffiti or slogans or the display of pictures, posters or web-sites with racial overtones, even if not directed at a particular person ESR Training Communication Human Resources Learning, Education and Development Communications Workforce Annual Reports On-going 19

20 Using a disparaging or offensive tone when communicating with people from certain racial groups Religion or Belief The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this where this does occur. Negative Behaviours: Offensive remarks or jokes about religion or belief Refusal to work with a person because of their religion or belief (or no religion or belief). ESR Training Communication Human Resources Learning, Education and Development Communications Workforce Annual Reports On-going Sex The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this where this does occur. Negative Behaviours: Sexual harassment is one of the most common forms of harassment and is specifically outlawed by the Equality Act 2010 as is harassment of a sexual nature ESR Training Communication Human Resources Learning, Education and Development Communications Workforce Annual Reports On-going 20

21 related to gender reassignment (ACAS) Remarks or innuendoes which ridicule, embarrassing or insulting jokes of a derogatory nature, leering or whistling, Unwanted physical contact ranging from unnecessary touching, pinching and brushing against another's body to sexual assault and rape Unwelcome sexual advances, propositions or pressure for sexual activity; suggestive remarks, innuendoes, lewd comments or unwanted comments about 21

22 appearance The display of pornographic or sexually suggestive pictures, offensive s/text messages/ videos Sexual Orientation The Trust will monitor and analyse data to ensure that no groups are over represented in Bullying & Harassment cases and to investigate the reasons for this where this does occur. Negative Behaviours: What is considered bullying and harassment can be down to the individual completely, but if a comment or an action makes someone feel uncomfortable it could be bullying behavior. Common examples that Stonewall cite include: ESR Training Communication Human Resources Learning, Education and Development Communications Workforce Annual Reports On-going Homophobic remarks or jokes, threats to disclose sexuality, asking intimate questions 22

23 about sexual activity, outing someone as lesbian, gay or bisexual without their permission Making homophobic insults and threats Making unnecessary and degrading references to an individual s sexual orientation Engaging in banter or making jokes which are degrading to a person s sexual orientation or perceived sexual orientation Outing an individual as LGBT without their permission Ignoring or 23

24 excluding and individual from activities because they are LGBT Spreading rumours or gossip about an individual s sexual orientation Asking and LGBT colleague intrusive questions about their private life Making assumptions and judgments about a colleague based on their sexual orientation. Using religious belief to justify antigay bullying and harassment 24