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Dignity at Work Policy

Introduction

We're committed to providing a working environment that's free from harassment (including sexual harassment) and bullying.  We want to be able to stand up and say that all of our people are treated, and treat others, with dignity and respect, as set out in this policy. We recognise that harassment, sexual harassment and bullying can happen inside and outside the usual workplace, such as on business trips, at work events, or on social media.

Harassment, sexual harassment and bullying of or by any member of staff can be against the law and won't be tolerated. We'll take active steps to prevent these types of behaviour and take action following any complaint we receive. We strongly encourage anyone who is a victim or witness of any of these behaviours to speak out as soon as possible.

This policy applies to all employees and contractors.  It also applies to our agents, external consultants, suppliers, customers, third-party representatives, business partners and any visitors to our premises. It's a non-contractual policy and we may amend it at any time.

What is harassment?

Harassment is any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.  It can be a single incident or more than one and can also include treating someone less favourably because they have accepted or refused to accept harassment in the past.

Harassment can involve sexual conduct, or it might be related to other characteristics, such as age, disability, gender reassignment, marital/civil partner status, pregnancy or maternity, race, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.  We believe that harassment is completely unacceptable, whatever the reason.

Practical examples of harassment might be:

  • unwanted physical conduct, including touching;

  • unwelcome sexual advances or suggestive behaviour, even if the harasser thinks they are harmless;

  • offensive e-mails, text messages or social media content; and/or

  • mocking, mimicking or belittling someone.

Someone can be harassed even if they're not the intended target.  For example, a person can be harassed by racist jokes about a different ethnic group.

What is sexual harassment?

Sexual harassment is any unwanted physical, verbal or non-verbal conduct of a sexual nature that has the purpose or effect of violating a person's dignity or creating a hostile, intimidating, degrading, humiliating or offensive environment for them. It can be a single incident or more than one. Sexual harassment can also include treating someone less favourably because they have accepted or refused to accept unwanted conduct of a sexual nature, or that is related to gender reassignment or sex, in the past.

Some examples of sexual harassment might include (but aren't limited to):

  • unwanted physical conduct or 'horseplay', including touching, pinching, pushing and grabbing;

  • continued suggestions for sexual activity after it has been made clear that such suggestions are unwelcome;

  • sending or displaying material that is pornographic or that some people might find offensive, including emails, texts, videos and images sent by mobile phone or on the internet; and

  • offensive emails, texts or social media content.

A person can be sexually harassed even if they weren't the intended "target". For example, where a colleague sees pornographic images displayed on their colleague's computer in the workplace.

Sexual harassment is against the law and won't be tolerated by Lovell. It can lead to action under our Disciplinary procedure, including dismissal, whether it's committed:

  • In a work situation;

  • During a situation related to work, such as drinks with colleagues;

  • Against a colleague or someone connected to us outside of a work situation, such as on social media; and

  • Against anyone outside of a work situation where the incident is relevant to how suitable you are to carry out your role.

We're required by law to take reasonable steps to protect staff from sexual harassment during their employment with us. This includes protecting them from sexual harassment by third parties, such as by a client, customer or supplier. It can also include sexual harassment outside of the usual working environment, such as when visiting a supplier's premises or visiting a tenant in their home. If sexual harassment occurs, we will take immediate action to try to fix the situation and to stop it from happening again.

What is bullying?

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that makes a person feel vulnerable, upset, humiliated, undermined or threatened.  Power doesn't always mean being in a position of authority; it could be personal strength, or the power to coerce through fear or intimidation.

Bullying can be physical, verbal and non-verbal conduct and can include things like:

  • physical or psychological threats;

  • overbearing and intimidating levels of supervision; and/or

  • inappropriate derogatory remarks.

Legitimate, reasonable and constructive criticism of performance or behaviour, or reasonable instructions given to someone in the course of their employment, won't amount to bullying.

What is victimisation?

Victimisation involves subjecting someone to a detriment because they've done, or are suspected to have done or intending to do a 'protected act', which includes:

  • Bringing proceedings under the Equality Act 2010;

  • Giving evidence or information relating to proceedings under the Equality Act 2010;

  • Doing anything for the purposes of or in connection with the Equality Act 2010; and

  • Alleging that someone has breached the Equality Act 2010.

Victimisation might include, for example:

  • Not giving someone an opportunity because you think they are going to make a complaint about sexual harassment;

  • Excluding someone because they've raised a complaint about discrimination;

  • Not promoting someone because they accompanied a colleague to a grievance meeting; and

  • Dismissing someone because they gave evidence for someone at an employment tribunal hearing.

Victimisation won't be tolerated by Lovell. If you think you are being victimised, you should report it to your line manager or HR Team as soon as possible, or raise it formally under our Grievance procedure.

What do I do if I'm being harassed or bullied?

If you feel like you're being harassed (including sexual harassment) or bullied, think about whether you feel able to raise the problem informally with the person involved; it may be easily resolved.  You should explain to them clearly that their behaviour isn't welcome and makes you uncomfortable. If you don't feel able to do this, you should speak to your manager or the HR Team for guidance.

If the problem can't be resolved informally, or you don't think the informal route is appropriate, you can raise it formally under our Grievance policy (if you're an employee) or speak to the HR Team for guidance.

You can also raise any concerns via our Free 24 Hour Confidential Hotline – 0800 028 0199.

Who will be told?

As far as we can, we'll try to keep any complaint confidential and details will only be disclosed on a 'need to know basis'.  We'll tell anyone involved in the process that they must keep the information confidential. We might take action under our Disciplinary Policy if confidentiality is breached. You'll normally be told the names of any witnesses whose evidence is relevant to your complaint, unless we believe that anyone's identity should be confidential.

We'll consider if we need to take any steps to manage any ongoing relationship between you and the person involved during any investigation. If you think any extra steps need to be put in place, speak to us.

We might decide to keep a record of a complaint by or about a colleague on their personnel file, with a record of the outcome and of any notes or other documents we've gathered during the process.

What happens next?

If we find you've been harassed, sexually harassed or bullied by an employee, the matter will be dealt with under our Disciplinary policy.  If the person involved is a third party (like a customer or supplier) we'll find an appropriate way to deal with the problem.  When deciding what the best action to take is, we'll look at any aggravating factors, such as abuses of power over a more junior colleague.

Whether or not your complaint is upheld, we'll consider how best to manage any ongoing working relationships.

What support can I get?

People who make complaints or who participate in good faith in any investigation mustn't suffer any form of retaliation or victimisation.  If you think this is happening, speak to your line manager or the HR Team so that we can deal with the issue as soon as possible. If the issue isn't resolved, you should raise it formally under our Grievance procedure.

Lovell will monitor the treatment and outcome of any complaints of bullying and harassment (including sexual harassment) to make sure that they are properly investigated and resolved, and that the same incidents don't reoccur in the future.

We understand that experiencing bullying or harassment can be extremely distressing. You can also get support and guidance from our Employee Assistance Programme and the following external resources:

Policy Monitoring and review

We will monitor and review this policy on a regular basis to ensure it is effective, remains fit for purpose and is fully compliant with any changes to Employment Law. We will also monitor and report on the diversity of our organisation on a minimum quarterly basis. If changes are required, we will implement them.

Policy misuse

We take all complaints from colleagues raising concerns in good faith seriously. In the unlikely event that it’s found or suspected that a malicious complaint has been made or one where it was known not to be true, we may take action under the disciplinary policy.

We want to make sure everyone gets the help and support they need during different stages of their life and their career with us. If you’re unsure about any part of this policy, talk to your manager or HR Advisor.