For the purpose of this policy, the use of the term learner is inclusive of apprentices.
Adult Community Learning Essex is committed to the fair treatment of all staff and learners. ACL complies with the Essex County Council Bullying and harassment and Grievance policy and procedures for staff: https://intranet.essex.gov.uk/Pages/search.aspx?k=harassment%20and%20bullying
ACL demonstrates a commitment to providing clear policy and guidance to all employees, promoting a culture of fair treatment, respect and dignity, irrespective of individual differences.
In addition, it is necessary to identify appropriate guidance for learners as ACL Essex believes that bullying, harassment, discrimination and victimisation in any form is unacceptable.
Any learner or member of staff committing an offence of harassment and/or bullying may be personally liable for their behaviour under Equal Opportunities, (Equality Act 2010) legislation.
Within the Equality Act there are three types of harassment which are unlawful under the Act:
- Harassment related to a particular characteristic
- Sexual harassment
- Less favorable treatment of a person because they submit to or reject sexual harassment or harassment related to sex
Examples of unacceptable behaviours that could be considered to constitute bullying and harassment:
- Bullying by exclusion – this may take the form of social isolation and or exclusion to meetings
- The deliberate withholding of information with the intention of affecting a colleagues’ or learners’ performance
- Unfair and destructive criticism
- Intimidating behaviour including verbal or physical abuse, use of inappropriate language
- Spreading of unfounded rumors or unfounded accusations
- Subjecting others to humiliation and/or ridicule
- Distributing or copying to other staff, learners and/or other parties any form of written communication, including electronic correspondence, which is critical of an individual or group of individuals.
- Subjecting others to cyber-bullying, for example social networking sites.
- Subjecting others to unfair treatment for reasons related to health or medical conditions and/or disability including mental health and caring responsibilities.
This list is not exhaustive
All allegations of harassment, whether by staff, learners, or other service users towards staff or learners, must be taken seriously, investigated and dealt with sensitively, professionally and speedily.
In addition to acknowledging that all forms of harassment, bullying, discrimination and victimisation are unacceptable, the ACL Service has certain legal duties under
Equalities legislation, (Equality Act 2010) which place certain responsibilities on all learners and staff.
Learners and staff
- To have an awareness of the ACL Charter and Learner Handbook
- To have an awareness of what constitutes harassment and bullying
- To have an awareness of what constitutes discrimination and victimisation
- Not to behave in a manner that could be offensive, harassing or bullying to others
- To challenge offensive, inappropriate, harassing or bullying behaviour across the ACL Service
- To set a positive example by treating others with respect and dignity
- To be supportive of other learners who may be subject to bullying and harassment
- Implement this policy and bring it to the attention of staff and/or learners in their area.
- Set a positive example by setting defined standards of acceptable behaviour as defined in the ECC Code of Conduct, see below link:
- Set a positive example by setting defined standards of acceptable behaviour as defined in the ACL Charter.
- Ensuring standards of conduct or behaviour which do not allow harassment, bullying, discrimination or victimisation to occur
- To be supportive of learners and staff who may be subject to bullying and harassment. Ensuring that learners are informed about the ACL Policies on Harassment and Bullying and Safeguarding.
- To treat complaints or allegations seriously and deal with them promptly, sensitively and confidentially, giving all parties involved full support during the process.
- Provide adequate support in respect of complaints ensuring a proper and timely investigation of any allegations and/or reported incidents.
In some circumstances an informal approach may resolve a situation, however when this has not been successful a formal investigation will be required. This decision will be made by Senior Managers.
Where an allegation involves a member of staff the investigation should be conducted independently by an appropriate line manager with the support of a member of HR in line with Essex County Council disciplinary procedures. Where harassment or misconduct has occurred, a detailed response will be given to both parties outlining the results of the investigation and what action is deemed necessary.
Where allegations made against a learner have been investigated resulting in a proven case the ACL Exclusion Policy may be brought into effect.
Method of implementation
- ECC staff Processes: http://intranet.essex.gov.uk/Pages/Bullying_and_harassment.aspx
- Staff and Learner handbooks
- ACL Charter
- ECC Code of Conduct
- Inclusive approach which recognises diverse needs, as identified in: Equality and Diversity Policy, Safeguarding Policies, and other related ACL Policies
- Safe and supportive learning environment
- Observations of Teaching and Learning
- Qualified/trained staff
Monitoring and evaluating
- Annual Self-Assessment and ACL Single Equality Scheme
- Complaints records
- ECC Dispute Resolution records
- Learner Feedback
- Learner retention data
- Observation of Teaching and Learning and appropriate action planning
- Records of meetings
- Staff retention data