Action Area E - Harassment

E. HARASSMENT

What is Harassment?

1.69 Harassment is any form of unwanted conduct which has the aim or effect of diminishing a person’s dignity or creating a humiliating or offensive environment for that person. The fact that one person may be able to ignore or deal comfortably with certain behaviour does not mean that it is acceptable if directed at another. A single incident may constitute harassment if it is sufficiently serious. The motive or intention of the perpetrator is normally irrelevant (see para. 2.18 in relation to harassment which also constitutes unlawful discrimination).

1.70 There is now a criminal offence of intentional harassment. It covers harassment on any ground. The Act defines harassment as the use of “threatening, abusive or insulting words or behaviour; or disorderly behaviour” or displays of writing, signs or other visible representation which is threatening, abusive or insulting, and includes harassment at the workplace. Harassment amounting to physical or sexual assault is also a serious criminal offence and victims should be encouraged to report it to the police.

Policy

1.71 All Chambers should have a harassment policy, which sets out a clear summary of the type of behaviour which is unacceptable in the working environment and the procedures for dealing with complaints about such behaviour. The policy should apply to all members and employees of Chambers, squatters and pupils and personal copies should be provided.

LINK TO MODEL HARASSMENT POLICY

1.72 Complaints of harassment are sensitive and Chambers should adopt policies which enable them to react quickly and appropriately if a complaint is raised. It becomes much more difficult to deal with complaints effectively where there is delay.

Guidance

1.73 Harassment causes distress. It can lead to impaired work performance, sickness, and even to recipients leaving Chambers altogether. Many recipients of harassment are afraid to complain. They fear that their complaint will be trivialised or that they will be subject to ridicule or reprisals or that nothing will be done.

1.74 Examples of behaviour which may amount to harassment based on sex, race, disability, religion or sexual orientation include:

· physical assault, including sexual assault;

· demands for sexual favours in return for career advancement;

· unnecessary physical contact;

· exclusion from social networks and activities;

· isolation;

· bullying;

· compromising suggestions or invitations;

· suggestive remarks or looks;

· display of offensive materials, including on computer screen;

· tasteless jokes or verbal abuse;
· offensive remarks or ridicule;
· dealing inappropriately with complaints of harassment.

1.75 By undertaking certain specific steps, Chambers should be able to alleviate the problems of harassment in the context of work related relationships. In particular, the following is recommended:

· a policy statement which makes it clear that harassment will not be tolerated or condoned and that employees, members of Chambers, pupils and others temporarily in chambers such as mini – pupils have a right to complain if it occurs;

· effective communication of the policy to all those to whom it applies;

· active promotion of the policy by people in managerial positions;

· training for those in managerial and supervisory roles on how to keep the working environment free of harassment and how to deal with it should it occur;

· the provision of informal means of resolving harassment in the first instance;

· the designation of an adviser to assist employees and others subjected to harassment;

· a formal complaints procedure, which should be monitored and reviewed;

· an independent, objective, sensitive and fair procedure for internal investigations of complaints; and

· a principle of treating violations of the harassment policy as a disciplinary offence.

1.76 Often victims of harassment just want the harassment to stop and do not wish to see the harasser disciplined. There are various informal methods by which Chambers can deal with complaints of harassment, including:

· telling the harasser that their behaviour is unacceptable and asking them to stop immediately (if the recipient feels able to challenge the harasser directly or indirectly in this way);

· seeking the help and advice of the Inns’ Student Officers where the harassment occurs in an Inn of Court or at an Inn’s sponsored event;

· seeking the help and advice of the Bar Council’s Equality and Diversity Advisers directly or by calling the confidential telephone number 020 7611 1310

· seeking the help and advice of pupil supervisors or other members of Chambers.

Formal Resolution Options

1.77 Where informal methods fail to resolve the issue, or where the harassment complained of is of a more serious nature to begin with, one or more of the following formal methods of resolution may be appropriate:

· the initiation of Chambers’ formal complaints or grievance procedure;

· contacting the relevant Inn to make a formal complaint where the complaint concerns a sponsor or pupil supervisor or something occurring at an Inn sponsored event;

· a complaint to the Professional Conduct Committee which has in place a special protocol for dealing with complaints of harassment;

· initiation of the Bar Council’s mediation procedure in confidence through the Bar Council’s EDAs. The Mediation Panel is made up of individual members of the Bar who have received training in harassment mediation. The role of the panel is to advise the complainant and, with his or her permission, to mediate between the parties, without necessarily finding fault or blame and without the imposition of sanctions

· in extreme cases, the complainant might consider whether a complaint should be made to the police where the act complained of amounts to a criminal offence or whether a complaint of unlawful discrimination might be brought in a County Court or employment tribunal.