Purpose

Our aim is to provide a learning environment that respects the rights of each individual student and where colleagues treat each other with the utmost respect. Any behaviour that undermines this aim is totally unacceptable.

The organisation therefore deplores all forms of harassment and bullying, which will not be tolerated under any circumstances.

While implementing and upholding the policy is the duty of all of our trainers and managers, all students have a responsibility to ensure that bullying and harassment have no place in the classroom.

Principles and Procedure

The following procedure has been designed to inform students and trainers about the type of behaviour that is unacceptable and provides students who are the victims of harassment and bullying with a means of redress. The organisation will not tolerate harassment or bullying of any person.

The organisation will also not tolerate harassment of staff by third parties, eg students or customers, and will take appropriate action to deal with all instances which are reported.

Definition of Harassment

Harassment is unwanted conduct that intentionally or unintentionally violates a person’s dignity, or creates an intimidating, hostile, degrading, humiliating, or offensive learning environment for them.

Each person has the right to decide what behaviour is either acceptable or unacceptable; if an individual finds certain behaviour unacceptable and they feel damaged by it, then that individual has every right to say so, and their right to do so will be respected. It is irrelevant whether the person who perpetrated the behaviour intended to cause offence.

People can be subjected to harassment on a wide variety of grounds.

These include:

1. sex or gender
2. sexual orientation
3. transgender status
4. marital or civil partnership status
5. pregnancy or maternity leave
6. race, nationality, ethnic origin, national origin or skin colour
7. disability
8. age
9. employment status, eg part-time, fixed-term, permanent, self-employed, agency worker, contractor, subcontractor, etc
10. membership or non-membership of a trade union
11. the carrying out of health and safety duties
12. religious or political beliefs
13. deeply held personal beliefs
14. criminal record
15. health, eg AIDS/HIV sufferers, etc
16. physical characteristics
17. willingness to challenge harassment — being ridiculed or victimised for raising a complaint.

As harassment can occur on a variety of grounds, anyone perceived to be different from the majority is at particular risk.

Harassment is normally characterised by more than one incident of unacceptable behaviour, particularly if it recurs once it has been made clear that it is regarded by the victim as offensive. However, a single incident may constitute harassment if it is sufficiently serious.

Harassment at work or in the classroom is not only despicable and demeaning, but may also be unlawful under the Equality Act 2010.

The organisation, together with any managers or trainers who fail to take steps to prevent harassment or investigate complaints, may be held liable for their unlawful actions and be required to pay compensation to the victim,  as may the person who has committed the act of harassment .

Harassment on any grounds may also be a criminal offence under the:

• Criminal Justice and Public Order Act 1994
• Protection from Harassment Act 1997
• Crime and Disorder Act 1998
• Criminal Justice and Police Act 2001
• Anti-terrorism, Crime and Security Act 2001 (which cites religiously aggravated harassment as a criminal offence).

These Acts mean that students who are harassed by fellow students, trainers or third parties may call in the police. Those found guilty face fines and/or periods of imprisonment of up to two years.

Examples of Harassment

Harassment takes many forms — from relatively mild banter to physical violence. Students/trainers may not always realise that their behaviour constitutes harassment, but they must recognise that what is acceptable to one student may not be acceptable to another; determining what is acceptable is an individual right that must be respected.

Examples of harassment include (but are not restricted to):

1. verbal harassment — examples include crude language, offensive jokes, suggestive or offensive remarks, innuendoes, rude or vulgar comments, malicious gossip and offensive songs related to any of the protected characteristics (eg sex, race, religion, etc)
2. non-verbal harassment — examples include wolf-whistles, obscene gestures, sexually suggestive posters/calendars, pornographic material (both paper-based and generated on a computer, including offensive screensavers), graffiti, offensive letters, offensive e-mails, text messages on mobile phones and offensive objects
3. physical harassment — examples include unnecessary and unwanted touching, patting, pinching, or brushing against another student’s body, assault and physical coercion
4. Pressure for sexual favours (eg to get a job or promotion) or victimisation on account of the rejection of such pressure
5. isolation or non-co-operation and exclusion from social activities for a reason related to sex, race, religion, etc.

Definition of Bullying

Bullying is a sustained form of psychological abuse that aims to make the victim feel demeaned and inadequate. Bullying is defined as:

“offensive, intimidating, malicious or insulting behaviour, or an abuse or misuse of power, which has the purpose, or effect of, intimidating, belittling and humiliating the recipient, leading to loss of self-esteem for the victim and ultimately the self-questioning of their worth, both in the classroom and society as a whole”.

Examples of bullying

Examples of bullying include:

1. shouting or swearing at someone
2. ignoring or deliberately excluding a person
3. persecution through threats and instilling fear
4. spreading malicious rumours
5. constantly undervaluing effort
6. dispensing disciplinary action which is totally unjustified
7. spontaneous rages, often over trivial matters.

Examples of less obvious bullying include:

1. deliberately withholding information or supplying incorrect information
2. deliberately sabotaging or impeding work performance
3. constantly changing targets without good reason
4. setting an individual up to fail by imposing impossible deadlines
5. removing areas of responsibility and imposing menial tasks
6. blocking applications for holiday, promotion, or training.

These examples listed are not exhaustive. As with harassment, it is the perception of the recipient that determines whether any particular behaviour can reasonably be viewed as bullying.

Cyberbullying

Cyberbullying can be defined as the use of information and communication technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others.

Typically cyberbullying involves the use of the Internet, email or mobile phones to send or post text or images intended to hurt or embarrass another person. In many cases, the spreading of offensive jokes or shocking or sexual material through phone or email may also constitute cyber-harassment.

Anyone found to be using technology to bully or harass a colleague or third party will be subject to the disciplinary procedure.

The Impact of Harassment and Bullying

Harassment and bullying can extract a high price on students and the organisation alike. Students can be subject to fear, stress, and anxiety, which can put great strains on personal and family life. Harassment and bullying can lead to illness, absenteeism, an apparent lack of commitment, poor performance, reduced productivity and resignation.

Enforcement

The examples of harassment and bullying provided in this policy are not exhaustive. Any harassment or bullying will be classed as gross misconduct, for which students may be summarily dismissed.

All complaints of harassment will be treated very seriously.

The organisation expects all managers and trainers to ensure that this policy and procedure is adhered to at all times and expects all students to respect the dignity of their colleagues. The policy will be regularly monitored by the Managing Director to ensure that it is achieving its aims, and that managers and students are confident about its application.

Procedure for Dealing with Bullying and Harassment

Advice

The organisation recognises the sensitive nature of bullying and harassment. Students who believe they are being bullied or harassed may wish to discuss their particular situation before deciding what action to take. Students can fully discuss the matter with their tutor or the course maanger on an informal basis. However, the organisation recognises that this may not be appropriate in all circumstances. If this is the case, students can discuss the situation with the next higher level of management.

Confidentiality will be maintained as far as possible. However, if an student decides not to take any action to deal with the problem and the circumstances described are very serious, the organisation reserves the right to investigate the situation — as it has an overall duty of care to ensure the safety of all students who may be adversely affected by the alleged harasser’s/bully’s behaviour.

Solutions

Just as it is for the individual to decide what behaviour is either acceptable or unacceptable, then it is also for the individual to decide which route to take in addressing any problem that has occurred. There are two types of solutions available: informal and formal.

Informal solutions

Students can choose to solve the matter themselves by simply approaching the harasser/bully, telling them that their behaviour is unwelcome and that it must stop, otherwise a formal complaint will be made.

If an individual would find it difficult or embarrassing to raise the issue directly with the person creating the problem, support can be sought from a fellow student who can accompany the victim when speaking to the harasser/bully.

A third option is that the victim can put their views in writing to the harasser/bully, telling them that their behaviour is unacceptable and that it must stop.

Mediation (Optional Clauses)

Independent and impartial mediation conducted by a qualified mediator will be made available to assist in the resolution of the dispute between the person who is being bullied or harassed and the perpetrator.

If either party wishes to request third party mediation, they may do so by speaking to ___. However mediation will only be considered where both parties agree to enter in to the process.

Formal solutions

Where informal solutions fail, or serious harassment or bullying occurs, students can bring a formal complaint in the form of a grievance, with the procedure adapted to take account of the sensitivities of such situations.

Each step and action under the formal grievance procedure will be taken without unreasonable delay. Complaints will be investigated swiftly and confidentially while ensuring that the rights of both the alleged victim and the alleged harasser are protected.

Students and witnesses can be assured that they will not be ridiculed or victimised for making, or assisting in making a complaint, even if it is not upheld, as long as it is made in good faith.

The procedure is as follows.

Step 1 — Lodging a grievance and conducting an investigation

1. The complaint should be put in writing, outlining the alleged incidents — when and where they occurred, the harm caused, the names of any witnesses and the name of the alleged harasser or bully.
2. The written grievance should initially be lodged with the customer service team. (info@tefl.org)
3. The complaint will then be passed to Head of Customer Services who will be responsible for progressing the complaint.
4. The complaint will be fully investigated.
5. An outcome will be sent in writing to the student.

 

If at the end of Step 1, the complaint is upheld, the matter will be passed to the appropriate line manager to realise training needs for the trainer or to deal with the fellow student if this has been the issue.

Continuing to Work Together

Whether a complaint is upheld or not, the organisation recognises that it may be difficult for the students concerned to continue to work in close proximity to one another during the investigation or following the outcome of the proceedings. If this is the case, the organisation will consider a voluntary request from either party to transfer to a different trainer

Monitoring

Where harassment or bullying has been found to have occurred, and the perpetrator remains in employment, regular checks will be made to ensure that the behaviour has changed.

Malicious Complaints

Where a complaint is blatantly untrue and has been brought out of spite, or for some other unacceptable motive, the complainant will be subject to the organisation’s disciplinary procedure, as will any witnesses who have deliberately misled the organisation during its investigations. This could include not being allowed to continue with their course.

The complaint will be investigated immediately and in some cases the bully or harasser may be asked to leave the employer’s premises and not return.

A worker should report any incident of bullying or harassment by a third party to their line manager whether or not they have managed to resolve it. The report will be used for the purpose of monitoring the effectiveness of the organisation’s bullying and harassment policy.

Last reviewed 1 November 2019