Perranzabuloe Parish Council (PPC)

Bullying and Harassment Policy and Procedure

Adopted 15 February 2026 • Review Date: February 2027

Under the Equality Act 2010, all employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their workers. This is called the preventative duty. If employers do not comply with this duty, they are breaking the law. If an employer fails to take reasonable steps, the Equality and Human Rights Commission can take enforcement action. Employers also risk an employment tribunal increasing the amount of compensation if an individual’s claim of sexual harassment is successful.

The law does not list the specific steps an employer must take. However, this policy has been updated to reflect reasonable steps that employers can take to prevent and deal with sexual harassment in the workplace. You should therefore familiarise yourself with policy including the responsibilities of managers, the Clerk, employees, and members and amend as appropriate.

In addition to implementing this policy, Perranzabuloe Parish Council (PPC) will undertake a risk assessment to help comply with the preventative duty. The risk assessment will consider factors that might increase the likelihood of sexual harassment and the steps that can be taken to minimise them. The Clerk will collaborate with line managers, library staff, grounds staff, and beach wardens to ensure all relevant factors are thoroughly considered.  Line managers will be trained to recognise behaviours which may amount to bullying and harassment and to intervene.

Further information regarding the prevention of sexual harassment, including a step by step guide, can be found on the Equality and Human Rights Commission website: Employer 8-step guide: Preventing sexual harassment at work | EHRC

  1. Policy Statement

Employees are PPC’s most valuable and important resource, and the organisation has a legal, moral, and ethical duty to ensure that the environment in which they work enables them to contribute to their fullest potential and that they feel confident and comfortable about that working environment.

As well as considering the welfare of its employees, there is a strong business case for ensuring the elimination and prevention of harassment and bullying such as the financial impact (e.g. cost of reduced performance), health and safety (e.g. physical and emotional effects on employees), and recruitment and retention (e.g. people will not wish to join us or to remain with us). The organisation is also legally obliged to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.

PPC believes that all its employees have the right to be treated with dignity and respect, and that victimisation and all forms of harassment is totally unacceptable and unlawful. It therefore adopts a zero-tolerance approach to instances of bullying or all forms of harassment. This applies to everyone in the organisation, regardless of role or status. You should take the time to ensure you understand what types of behaviour are unacceptable under this policy.   PPC will deal effectively with any form of harassment or bullying and take any steps it sees fit to either stop or prevent it.  This may include taking disciplinary action, up to and including dismissal.

  1. Scope of the Policy

This policy should be read in conjunction with other policies and procedures of the organisation, such as the Equal Opportunities Policy, Disciplinary Procedure and Grievance Procedure.

The policy covers harassment and bullying by Officers and Members of PPC. It does not cover harassment and bullying from the public or contractors, except for sexual harassment. However, the organisation has a duty of care towards its employees.  Therefore, in all cases of bullying or harassment, employees should report any such behaviour to their line manager, who will decide upon the appropriate action.

  1. Aims of the Policy

The information given below shows how harassment and bullying can affect both individuals and the organisation and demonstrates the need for a policy.

The aims of having a bullying and harassment policy are as follows:

  • To ensure that all the organisation’s employees are treated with dignity and respect.
  • To ensure that harassment and bullying, including sexual harassment, is prevented and, if it does occur, that action is taken to stop it.
  • To ensure that the working environment is such that each employee feels confident and comfortable about the way they will be treated whilst at work.
  • To ensure that all the organisation’s employees know what harassment and bullying are and what the organisation’s policy is.
  • To explain the responsibilities of Members, management, and employees.
  • To explain the procedures for dealing with harassment and bullying.
  1. Policy Context

This policy applies in the following contexts:

  • Anywhere on the Council’s premises
  • Anywhere off the Council’s premises during work-related business events
  • Anywhere off the Council’s premises during work-related social events
  • Anywhere off the Council’s premises during business trips
  1. Aims of the Policy

5.1 Who is protected from harassment?

The Equality Act 2010 prohibits discrimination because of certain protected characteristics. These are:

  • Age
  • Disability
  • Gender reassignment
  • Race (including ethnic origin, skin colour, nationality and national origin)
  • Religion or belief
  • Sex
  • Sexual orientation

Pregnancy, maternity, marriage and civil partnership are not specifically protected under the legal provisions on harassment. However, the organisation also considers harassment on these grounds to be unacceptable. Any such harassment will be dealt with in the same way as for the characteristics above.

5.2 Who is protected from harassment?

Harassment is defined by ACAS as ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of:

  • Violating an individual’s dignity; or
  • Creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.

It is also unacceptable to harass any individual:

  • Based on their association with another individual with a protected characteristic (e.g. an employee married to someone of a different ethnic origin); or
  • Based on a perception that they have a protected characteristic (e.g. a heterosexual employee who is made fun of because their colleagues believe they are homosexual).

5.3 Examples of Harassment

 Harassment can, for example, take place:

  • In a work situation.
  • During any situation related to work, such as at a social event with colleagues.
  • Against a colleague or other person connected to the employer outside of a work situation, including on social media.
  • Against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role.

Harassment can also occur in many forms. Examples include:

Sexual orientation harassment:

  • Homophobic remarks, innuendos, jokes.
  • Offensive actions.
  • Physical attack.

Racial harassment:

  • Embarrassing or derogatory remarks such as racist jokes, name-calling or nicknames.
  • Deliberate isolation or different treatment.

Harassment on the grounds of disability:

  • Name calling.
  • Uninvited, patronising or unnecessary assistance.

Harassment on the grounds of religion or belief:

  • Ridicule and religious jokes.
  • Scorning of belief.

Age harassment:

  • Negative comments generalising about the age group of the individual.
  • Exclusion from informal groups such as social events due to the individual’s age.
  • Sexual Harassment

Harassment may be sexual in nature. The law defines sexual harassment as:

  • Conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment; and
  • Less favourable treatment related to sex or gender reassignment that occurs because of a rejection of, or submission to, sexual conduct.

Examples of sexual harassment include:

  • Asking questions about someone’s sex life or discussing their own sex life.
  • Making sexual remarks about someone’s body, clothing or appearance
  • Telling sexually offensive jokes.
  • Making sexual comments or jokes about someone’s sexual orientation or gender reassignment.
  • Overt staring, leering, whistling or making sexually suggestive gestures.
  • Displaying or sharing pornographic or sexual images, or other sexual content.
  • Making propositions and sexual advances.
  • Making promises in return for sexual favours.
  • Unwelcome touching or touching someone against their will, for example hugging, kissing or massaging.
  • Sexual assault or rape.

Sexual interaction that is invited, mutual or consensual is not sexual harassment because it is not unwanted.  However, sexual conduct that has been welcomed in the past can become unwanted.

  1. Bullying

ACAS states that bullying can be characterised as ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’.

It must be clearly understood that it is a manager’s responsibility to set targets and review work performance; this is not bullying. It is also the manager’s role to ensure that corrective processes are put in place when individuals do not reach targets.  These discussions are sometimes difficult for both parties but need to take place to ensure employees work competently.  In this context bullying will only occur when a manager abuses their authority.

It should be noted that bullying does not only occur in manager/subordinate relationships.  It can occur when there is unacceptable peer pressure or pressure by others in a position of ‘authority’, e.g. elected Members.

Examples of bullying behaviour can include:

  • Spreading malicious rumours.
  • Making the employee the butt of jokes.
  • Aggressive, insulting and uncooperative attitude.
  • Destructive innuendo and sarcasm.
  • Constant unjustified criticism.
  • Unjustifiably removing responsibilities and replacing them with trivial tasks to do instead.
  • Shouting at employees.
  • Unreasonable refusal of requests (e.g. leave or training).
  • Deliberately ignoring or excluding individuals from activities.
  • Imposing unreasonable workloads and/or unjustifiably reducing deadlines.
  • Constantly undermining an employee in terms of their professional or personal standing.
  • Undervaluing an employee’s efforts.
  • Seeking to make an employee appear incompetent, or intentionally creating an unacceptable working environment, with the object of either achieving a dismissal or of making them resign.

PPC recognises the fact that employees may initially submit to a particular instance of harassment or bullying, but this does not mean that they find the behaviour acceptable.  For example, an employee who is the butt of jokes may not wish to object initially, but this should not prevent them from addressing the issue once they feel able to do so.

  1. Victimisation

Any employee who makes a complaint or supports another employee who has done so must not be subjected to any victimisation or less favourable treatment as a result. PPC will not tolerate any such behaviour and will take appropriate action to stop/prevent this, which may include disciplinary action.

  1. Responsibilities of Line Managers, Clerk, Employees, Members and Third Parties

8.1 Line Managers

 Line Managers will have the following responsibilities:

  • Compliance with this policy.
  • Creating/ensuring that there is a supportive working environment.
  • Ensuring employees comply with this policy.
  • Making sure that their employees know the details of this policy and the consequences of breaching this policy.
  • Making sure that their employees know how to report bullying and harassment, including sexual harassment.
  • Making sure that their employees know what standards of behaviour are expected of them.
  • Taking allegations of harassment and/or bullying seriously and dealing with them as quickly as possible.
  • Ensuring that victims of harassment and/or bullying receive appropriate support which might include counselling. (Note: consideration should be given as to whether the harasser/bully should also be given access to counselling, as the employee who has been accused of bullying/harassment can find this a stressful situation).
  • Dealing with complaints under the Bullying and Harassment Complaints Procedure (see below).
  • Ensuring that matters are dealt with confidentially and impartially.
  • Ensuring that their employees attend any training requirement; and
  • Liaising with the Clerk on how to deal with cases that arise.

8.2 Clerk

 In addition to the above, the Clerk will have the following additional responsibilities:

  • commitment to analysing data around allegations of bullying or harassment; reviewing this policy at regular intervals; monitoring its effectiveness; and implementing any changes that may be required.
  • monitoring workplace culture to identify and address any issues in relation to bullying and/or harassment.
  • undertaking regular risk assessments to determine reasonable measures that can be implemented to minimise the risk of exposure to sexual harassment in the workplace and by third parties with whom you may have contact.
  • ensuring that the organisation’s zero approach to all forms of discrimination, and bullying and harassment, is communicated to all workers and to third parties with whom you may have contact.
  • reviewing this policy regularly and, if necessary, amending to ensure that it remains effective.

8.3 Employees

 Employees will have the following responsibilities:

  • Compliance with this policy.
  • Treating their colleagues with dignity and respect.
  • Having an awareness of their own standards of behaviour.
  • Making it clear that they find harassment and bullying unacceptable.
  • Reporting harassment and supporting management with the investigation of complaints.
  • Intervening to stop harassment and/or bullying and give support to victims.

8.4 Members

Members will have the following responsibilities:

  • Compliance with this policy.
  • Treating employees with dignity and respect.

8.5 Third Parties

Third parties will have the following responsibilities:

  • Compliance with this policy.
  • Treating employees with dignity and respect.

BULLYING AND HARASSMENT COMPLAINTS PROCEDURE

  1. Introduction

No employee need put up with bullying or harassment. Perranzabuloe Parish Council (PPC) recognises that making a complaint may be a distressing experience.  However, all complaints will be taken seriously and dealt with in a sympathetic and sensitive manner.

If you feel that you are being bullied/harassed, the decision about how to pursue this will, in the first instance, rest solely with you.  You have the right to redress through either the informal or formal procedure.

Only if the matter is brought to the attention of the alleged harasser/bully or your line manager can action be taken to stop the behaviour.

In the interests of natural justice, a complaint should be made as close as possible to the date when the incident occurred.  In a situation where, in your view, an accumulation of incidents merit a bullying/harassment complaint, this should be done as close as possible to the date when the ‘final straw’ incident took place.

Some acts of harassment may also amount to a criminal offence, in this situation your line Manager will speak to you about whether you wish for the matter to be reported to the police and support you to do so.

  1. Stage One

If it is possible and appropriate to do so, you should ask the person who you feel is harassing or bullying you to stop such behaviour, making it clear that you find it offensive, and it is unwelcome.  This can be done face-to-face or in writing.

If you feel that you cannot approach the alleged harasser/bully alone then you may wish to ask a work colleague or trade union representative to accompany you.

It is possible that some people may not have realised that their behaviour was offensive and alerting them to it will alter their behaviour.

  1. Stage Two

If you feel unable to use the approach set out in Stage 1, or you feel that this is not appropriate, or if Stage 1 action fails to resolve your complaint, then you can raise this formally if you wish.

In this case you will need to put your complaint in writing to the Clerk (or in the case of the Clerk to the Staffing Committee), giving details of the specific actions/incidents about which you are complaining.

Once you have done this the matter will be investigated under the organisation’s Grievance Procedure.

The Clerk (or in the case of the Clerk members of the Staffing Committee) will discuss your complaint with you.  In line with the informal resolution stage set out in the Grievance Procedure, the Clerk will, if appropriate, explore with you whether there are any informal measures that you feel able to pursue in order to attempt to resolve the situation before requesting that formal action is taken.  These could include meetings with the alleged harasser/bully facilitated by your line manager or the  Clerk (or in the case of the Town/Parish Clerk members of the Staffing Committee), or more structured mediation.

The formal process must, however, be followed if the particular concern brought to the organisation’s attention is serious. For example, where the offence could be considered a criminal matter.

If informal measures are not appropriate/successful or you wish to proceed straight to the formal process, the Clerk (or in the case of the Clerk members of the Staffing Committee), or their representative, will thoroughly investigate the complaint in accordance with the appropriate procedure which could be Grievance or Disciplinary Procedure.

Decisions made in accordance with the relevant policy could include taking disciplinary action against the alleged bully/harasser; issuing management instructions; arranging mediation if both parties are willing to participate; making changes to working arrangements; or taking no further action. In cases where there has been abuse of power over more junior staff by the alleged bully/harasser, consideration will be given to this when deciding what disciplinary action will be taken.

It should be noted that if disciplinary action is taken against the alleged bully/harasser, you will be informed that disciplinary action is being taken but will not be informed of the outcome of this or have a right of appeal against the decision of the disciplinary panel.  Nor do you have the right to raise a grievance about any decision affecting the alleged bully/harasser following a disciplinary hearing or investigation.

  1. Confidentiality

Any complaint received, either formally or informally, will be treated with as much confidentiality as possible.  However, in order to enable your complaint to be investigated and/or resolved the individuals concerned will have to be made aware of your complaint, and it may not be possible to do this without identifying you.

The knowledge that a complaint has been made will be restricted to the minimum number of people necessary to investigate what happened. All those involved in any complaint must respect this and ensure that they are sensitive to the needs of both the complainant and the alleged harasser/bully.

All involved in investigating a complaint will do so impartially and make no inferences that either party is at fault until the investigation is complete. Breaches in confidentiality may result in disciplinary action.

  1. Complaints About the Clerk

If the matter involves a complaint against the Clerk, you should inform the Chair of the Council or the Chair of Staffing Committee, who will determine the most appropriate means of dealing properly with the complaint.

  1. Complaints About Members

If the matter involves a complaint in relation to a member’s conduct, you should inform the Clerk, and consideration should be given regarding the need to consult the Monitoring Officer to establish the most appropriate way to deal with this matter.

  1. Complaints Involving Third Parties

Bullying and harassment by third parties, such as customers, clients, suppliers and/or contractors, will not be tolerated.

If a matter involving a third party does occur, you should inform the Clerk who will determine the most appropriate means of dealing properly with the complaint.

Action may include warning the third party about their behaviour, banning a customer, reporting any criminal acts to the police or sharing information with other branches of the business. Warning notices to customers will be clearly displayed at the Library and Parish Offices.

  1. Malicious/Unfounded Complaints

This procedure is designed to protect individuals who raise their concerns.    It is accepted that some allegations may arise from genuine misunderstandings.  However, making a malicious and unfounded complaint may itself constitute harassment and be dealt with under the disciplinary procedure.

  1. Support and Advice for Employees Affected by Bullying and Harassment, Including Sexual Harassment

If you would like further information about support and advice services available to you as the complainant or alleged harasser, you can contact:

recognised trade unions (for union members)].

You can also access external support and advice such as:

  • the Equality Advisory and Support Service (EASS).
  • ACAS acas.org.uk/discrimination-and-bullying – For information and advice on all aspects of workplace relations and employment law.
  • Rights of Women – Sexual harassment at work advice | Rights of Women.
  • Protect (the whistleblowing charity)
  • helplines which have been set up to deal with specific forms of harassment (such as the helplines provided to deal with sexual harassment and Rights of Women in England and Wales).
    • the EHRC (Equality and Human Rights Commission) have produced technical guidance in this area: Sexual Harassment and harassment at work: technical guidance 2024: https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance – responding-to-harassment.
    • Sexual harassment and harassment at work: technical guidance | EHRC.