Anti-harassment policy and procedure

Policy statement

At Lancashire County Council, we believe everyone has the right to be treated with dignity and respect and we take a zero-tolerance approach to any form of harassment. We treat allegations of harassment, including sexual harassment, and victimisation seriously and will take immediate action on any allegations made. Any employee who is found to have harassed a colleague will be subject to disciplinary action, up to and including dismissal.

We believe in a culture of openness and accountability, and we hold our employees responsible for their actions so that any undesirable behaviour is fairly challenged. We are committed to creating a safe and inclusive working environment that reflects the behavioural expectations of our Leading Lancashire leadership framework and Lancashire Mindset. We are dedicated to fostering an environment where every individual is respected and valued. A zero-tolerance approach means that we treat all employees, partnership organisations, clients, stakeholders, service users and the communities that we service with respect.

The purpose of this policy is to empower employees to challenge and report instances of harassment, including sexual harassment, in the knowledge that their concerns will be dealt with seriously.

The policy does not form part of your contract of employment and we reserve the right to amend or withdraw it at any time.

Scope

This policy applies to anyone working for us, including employees, workers, contractors and volunteers, but excluding teaching and non-teaching employees in schools. The policy is relevant to all stages of the employment relationship, which includes job applicants who should be referred to our equal opportunities complaints procedure.

The policy applies to incidents that take place during and outside working hours, including during business trips, at work-related social events and via social media, where an employee’s actions adversely affect the council or have a bearing on any workplace relationship.

This policy also applies to harassment or sexual harassment by third parties.

Roles and responsibilities

What we expect from you

• Ensure your behaviour and conduct demonstrate our values, code of conduct and Lancashire Mindset.  
• Comply with this policy and its objectives for preventing and eliminating harassment at work, including sexual harassment.
• Report concerns or incidents immediately, if you witness or are subjected to, harassment or sexual harassment perpetrated by an employee, service user, visitor, contractor or employee from another organisation.
• Challenge behaviour, which could be seen as harassment or sexual harassment if you feel comfortable and it is safe to do so.

Your manager will

• Demonstrate the behaviours of the Leading Lancashire Framework.
• Promote a psychologically safe environment where employees are encouraged to raise concerns. 
• Ensure the policy and procedure are implemented consistently within their services. 
• Undertake risk assessments as required to determine reasonable measures that can be implemented to minimise the risk of exposure to harassment or sexual harassment.
• Be responsive and supportive to any employee who alleges harassment or sexual harassment. 
• Signpost employees to our support resources, as needed. 

People Services will

• Provide advice and guidance to managers on the implementation of this policy and procedure, as appropriate.
• Monitor our workplace culture.
• Signpost to support within the council.
• Regularly review the policy and procedure.
• Ensure induction and training practices are put in place.

Definitions

Harassment

“Harassment” refers to any unwanted behaviour linked to a protected characteristic under the Equality Act 2010. This behaviour aims to undermine a person’s dignity or create an intimidating, hostile, degrading, humiliating, or offensive atmosphere for them. Alternatively, it is reasonably perceived by the person as having such an effect.

Protected characteristics are:

• disability;
• sex;
• gender identity;
• marital or civil partnership status;
• race;
• religion or belief;
• pregnancy and maternity;
• sexual orientation; and
• age.

Harassment can occur where someone perceives another person to have a protected characteristic, for example a perception that someone is transgender even if they are not.

Harassment may take the form of persistent behaviour or an isolated incident. There does not always have to be a deliberate intention to cause distress or hurt; it is the impact the behaviour has on the complainant that will be considered when investigating whether such behaviour has taken place. Harassment can also arise by association, where someone is harassed because they are associated with someone with a protected characteristic, for example having a family member of a particular religion.

The "complainant" is the term used to describe the person making the complaint.

The "respondent" refers to the alleged harasser.

Examples of harassment

Harassment can occur in many forms, and can take place either at work, outside work, in person, or online. While this is not an exhaustive list, examples include:

• "banter", jokes, taunts or insults that are sexist, racist, ageist, transphobic, homophobic or derogatory;
• displaying images that are racially offensive;
• excluding someone from a conversation or a social event or marginalising them from the group;
• mimicking or making fun of someone's disability;
• "outing" (ie revealing their sexual orientation against their wishes), or threatening to "out", someone;
• consistently using the wrong names and pronouns following the transition of a person's gender identity.

Harassment may be indirect, subtle or unintentional comments or actions that amount to unlawful harassment, particularly if they impact the health and wellbeing of the person experiencing them.

Sexual harassment

Sexual harassment is 'unwanted' conduct of a sexual nature which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.  It also covers treating someone less favourably because they have submitted to or refused to submit to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex.

Sexual harassment might be committed by a colleague, one of our organisational partners or a third party. It does not need to occur in person. It can occur via digital means including on social media sites or other channels. Someone may be sexually harassed even if they were not the target of the behaviour.

Examples of sexual harassment

Examples of sexual harassment include, but are not limited to:

• sexual comments or jokes, which may be referred to as ‘banter’;
• displaying sexually graphic pictures, posters or photos;
• suggestive looks, staring or leering;
• propositions and sexual advances;
• making promises in return for sexual favours;
• predatory behaviour or making sexual gestures;
• intrusive questions about private/sex life or a person discussing their own sex life;
• sexual posts or contact in online communications including on social media or spreading sexual rumours about a person;
• sending sexually explicit emails, text messages or messages;
• unwelcome touching, hugging, massaging or kissing;
• humiliating and intimidating behaviour towards someone of a sexual nature;
• hostile and degrading behaviour;
• repeated behaviour over a period of time, or one isolated incident;
• between workers and/or managers at the same or various levels in the organisation;
• in the same or different departments or areas of work within or outside of the organisation.

Many of the above actions could also apply to other forms of harassment.

It is important to note that not all behaviour can be deemed as sexual harassment. Remember that:

• A hug, kiss on the cheek, or casual touch is not necessarily sexual harassment. The key is whether the behaviour was unwanted or offensive.
• It does not matter if a person has sexual feelings towards the recipient, or has previously been in a consenting relationship with them, only that the behaviour is of a sexual nature and that it was unwanted and/or offensive.
• Sexual harassment is gender neutral and orientation neutral. It can be perpetrated by any gender against any gender.

We will take all reasonable steps to prevent sexual harassment in the workplace.

Victimisation

Victimisation is treating someone less favourably because they have made a complaint or helped someone to make a complaint of discrimination or harassment or an allegation of breaching the Equality Act 2010.

Examples of victimisation may include:

• Failing to consider someone for promotion because they have previously made a harassment or sexual harassment complaint.
• Dismissing someone because they accompanied a colleague to a meeting about a harassment or sexual harassment complaint.
• Excluding someone from work meetings because they gave evidence as a witness for another employee as part of an employment tribunal claim about harassment, or sexual harassment.

Procedure

When to use the anti-harassment procedure

This procedure deals with alleged incidents of harassment and sexual harassment, as per the definitions above.

You can complain about harassment even if the behaviour in question is not directed at you. This is because you do not actually need to possess the relevant protected characteristic yourself. You can therefore submit a complaint if you have:

• Experienced harassment because you are related to, or you associate with, someone who possesses a relevant protected characteristic;
• Experienced harassment by a colleague who has the mistaken perception that you possess a relevant protected characteristic; or
• Witnessed harassment because of a protected characteristic and are upset by it.

When not to use the anti-harassment procedure

We take all allegations of harassment and sexual harassment, seriously; however, we will only investigate complaints which raise a legitimate or genuine concern. This procedure will not apply in the following circumstances:

• Where the complaint does not meet the definition of harassment, or sexual harassment, as set out above.
• To allegations of bullying, unless the incident(s) complained of specifically relates to the protected characteristics stated within the definition of harassment as set out above. Allegations of bullying which do not relate to protected characteristics should be raised via the Grievance policy and procedure.

Malicious complaints

The anti-harassment procedure must not be used to raise complaints in a malicious manner, for example, complaints that are intended to cause distress to others or to delay another process.

Inappropriate use of the procedure may result in disciplinary action being taken against the person who raised the complaint. However, no action will be taken if a complaint which proves to be unfounded is judged to have been made in good faith.

Harassment as a criminal offence

In some circumstances, harassment can be considered a criminal offence and anyone found guilty of such behaviour can be held personally accountable for their actions under criminal law.

Where the allegations in a complaint involve a potential criminal matter, we may need to contact the police. If the police become involved in a complaint, a review will be undertaken to determine whether any of our internal processes can commence at the same time as the police involvement.

Timescales

Tackling issues at an early stage is key to preventing them from becoming more serious problems and so it is important that you raise the matter with the appropriate person/manager at the time the incident occurs to allow it to be dealt with swiftly.

We do not advise or recommend delaying the reporting of issues to compile a series of events to “strengthen a claim.” This approach prevents the matter from being addressed promptly and may increase any potential harm to wellbeing.

Due to the nature of harassment, or sexual harassment, allegations, it is difficult to set timescales for addressing complaints. However, wherever we are notified that harassment, or sexual harassment, may have taken place, we will act as soon as reasonably practical and aim to resolve matters within a timely manner.

Informal action

We appreciate the thought of addressing harassment, or sexual harassment, may be daunting, but wherever possible, you are encouraged to try to resolve problems informally in the first instance, as informal resolution can often help resolve matters quicker, minimise stress for those involved and enable relationships to be rebuilt more easily. It also gives the respondent the opportunity to reassess their behaviour, as they might not even have set out to offend you or realise the impact of their words and/or actions on you.

In the first instance, if you feel able to you should approach the respondent, either in person or in writing, to make clear that their behaviour is unwelcome and should stop. You may wish to talk this through with a work colleague, manager or trade union representative in advance, if that would help you to feel more comfortable. If you feel this would be too difficult, you may ask your manager or another manager, if this is more appropriate, to approach the respondent on your behalf.

Your manager can also help by facilitating a discussion between you and the respondent or arranging mediation with an independent party to assist in rebuilding working relationships. Further information is set out in the 'mediation and facilitated discussions' section below.

If the welfare or safety of you or others is at risk or where your allegations are particularly serious, we may have to approach the individual and instigate a formal investigation. In such a case, we will, where possible, discuss this with you first.

If you would prefer not to discuss the issue with anyone at work, help and support is also available through our employee assistance programme (EAP). You can use our EAP to speak to an independent adviser on a confidential basis about any issue that is troubling you.

Formal action

It is hoped that most cases of alleged harassment, or sexual harassment, will be resolved informally. However, formal action may be considered where informal action proves ineffective or where circumstances make this route inappropriate.

To raise a formal harassment, or sexual harassment, complaint, you should complete a harassment complaint form and submit this to People Services as soon as possible. 

Please be aware that if your complaint relates to another employee or manager within the council, we will need to share the details of the complaint with them and give them the opportunity to respond.

People Services will assess your complaint form to check that the anti-harassment procedure is the right route for your complaint (i.e. whether the complaint meets the definition of harassment, or sexual harassment, as set out in this policy) or whether it would be more appropriate for your complaint to be considered under the Grievance policy and procedure. If this is the case, we will inform you and refer the matter to an appropriate manager within your service.

Where the anti-harassment procedure is the right route for your complaint, the matter will be referred to an appropriate manager within the respondent's service to initiate an investigation into the matter in line with our Disciplinary policy and procedure. The respondent will be notified of the allegation(s) of harassment, or sexual harassment, and will be invited to give a statement as part of the investigation, along with any relevant witnesses to the matter.

In considering the findings of the investigation, if the manager believes that there is evidence that harassment, or sexual harassment, has taken place or on the balance of probability has taken place, the matter will be referred to a formal hearing under the disciplinary procedure. You will be invited to give a statement during the investigation and may be invited to participate in the disciplinary process as a witness, however due to confidentiality, we will be unable to inform you of the exact outcome of that process, but you will be advised when it has concluded.

Appeal

If you are not satisfied with the outcome of the formal investigation, where the allegations are unproven or inconclusive, you have the right to appeal.  You must submit your grounds for appeal in writing to People Services clearly stating why you are not satisfied with the outcome of the report, within 5 working days of receipt of the letter confirming the outcome of the investigation.

The appeal will be conducted by a senior manager, who has not been involved in the decision-making process previously. The senior manager will be supported at the appeal meeting by a representative from People Services.

The appeal meeting will take place without unreasonable delay, normally within 20 working days of receipt of your appeal. If it is not possible to achieve this timeframe, this will be explained to you, and the date will be confirmed.

The appeal meeting is your opportunity to talk through why you are appealing; it is not a re-investigation of the original complaint, and it is not the role of the manager considering the appeal to decide whether or not harassment, or sexual harassment, has taken place. At the end of the appeal meeting the manager considering the appeal is only able to either: confirm the outcome of the original investigation; or refer the matter back for further investigation due, for example, to the emergence of new/additional information. The decision of the manager considering the appeal is final.

After the meeting, the manager will inform you in writing of their final decision without unreasonable delay. This decision is final and there will be no further right of appeal.

Other procedural matters

Meetings

Everyone involved in this process, whether you are the complainant or respondent, has the right to be accompanied at any meetings convened under this procedure by a work colleague, trade union representative or an official employed by a trade union. They can present your case and respond to any views expressed at the meeting on your behalf but cannot answer questions on your behalf or prevent others from explaining their case.

We do not allow meetings to be recorded as this can cause attendees to feel uncomfortable and less willing to participate and covert recording of a meeting may result in formal action. The manager hearing the complaint will either take summary notes at the meeting or arrange for a note taker to attend to summarise the key points of the discussion. These will not be detailed minutes of the meeting and you may, therefore, wish to make your own notes.

Complaints about multiple individuals or joint complaints about an individual

If the complaint is against a number of employees, the individual respondents will only receive written notification of the complaint(s) specific to themselves.

Where more than one complaint is submitted about the same individual under this procedure, the complaints will be jointly investigated.

Harassment, or sexual harassment, by a third party

Our expectations of standards of behaviour extend to third parties, therefore if you experience harassment during your employment, we encourage you to report this to your manager without delay so that they can advise and support you on the best course of action.

Your manager will liaise with People Services for advice.

Where concerns relate to an individual who is not an employee of ours, for example, a member of the public or service user, the procedure will depend on the nature of the allegation and the relationship. Many incidents of unacceptable behaviour can be dealt with effectively in an informal manner using the same process as for internal complaints. However, serious or repeated incidents of unacceptable behaviour from non-employees towards employees will be taken very seriously and may lead to legal action, exclusion from services or other appropriate sanctions.

Where allegations are made against employees of other organisations, for example partnership organisations, an appropriate senior manager of that organisation should be informed. Such complaints will be dealt with through this process and the outcome of any investigation into the complaint will be given to the partnership organisation to take any necessary action against their employee or worker. We may need to adjust the procedure under this policy to ensure we conduct appropriate investigations, and we will discuss this with you.

If an employee from a partnership organisation raises a complaint against a council employee or worker, this must be dealt with through the partnership organisation’s own complaints process. We will cooperate with this process and then take any necessary action against our employee or worker on receipt of the partnership organisation’s completed investigation. We reserve the right to request that further investigation is undertaken by the partnership organisation if it is deemed necessary.

We will take all reasonable steps to prevent harassment or sexual harassment in the course of your employment and by third parties.

Sickness absence and the anti-harassment process

If you are absent due to sickness during the anti-harassment process, you must follow the normal sickness absence reporting procedure. It is in everyone's interest that concerns and complaints are resolved as quickly as possible and so the process will continue while you are absent, and we will update and engage with you as required. If you do not feel well enough to attend a meeting during this time, we will invite you to make a written submission for the manager hearing the complaint to consider.

Confidentiality

Anyone involved with an informal or formal complaint about harassment or sexual harassment, including witnesses, must keep the matter strictly confidential and act with appropriate sensitivity to all parties.

All communications relating to the allegation will be strictly confidential to those involved in the procedure and records will be kept in accordance with data protection legislation.

If you are found to have breached confidentiality or acted without due care or sensitivity in a case of harassment or sexual harassment, we may take disciplinary action against you up to and including dismissal (or other appropriate action for non-employees).

Bystander intervention

We encourage our employees to call-out unacceptable behaviour. Therefore, if you feel comfortable and it is safe for you to do so, intervene if you witness any form of harassment or sexual harassment.

You don’t have to be confrontational, and intervening should never put you in danger. Intervention might be as simple as choosing not to laugh at a ‘joke’ that is racist or undermines someone, challenging a social media post or offering support to friends after an incident you witness.

Mediation and facilitated discussions

There are situations where a facilitated discussion or mediation may assist in rebuilding working relationships that have become strained. The aim of each intervention is for the parties to identify and agree on how to resolve their dispute and to improve their working relationships for the future.

These interventions can be used at any stage of the procedure and will be facilitated or led by a neutral party not directly connected with the complaint. There is no right to be accompanied during these meetings.

Facilitated discussions and mediation are voluntary interventions that will only take place with the mutual agreement of the parties involved; however, we hope all parties will recognise the benefits of seeking to resolve issues this way and we encourage the take up of these approaches wherever possible.

Consequences of breaching this policy

If, following a formal investigation, we find that you have committed, authorised or condoned an act of harassment or sexual harassment, we will deal with the issue as a possible case of misconduct or gross misconduct.

We may take disciplinary action against you, up to and including dismissal (or other appropriate action for non-employees). You should be aware that any aggravating factors, such as abuse of power over a more junior colleague, will be taken into account in deciding what disciplinary action to take.

Anyone who complains or takes part in good faith in a harassment investigation must not suffer any form of detrimental treatment or victimisation. If we find that you have victimised anyone in this way, we will instigate disciplinary action against you up to and including dismissal. Victimisation by third-parties or non-employees towards employees or workers will be taken very seriously and may lead to legal action, exclusion from services or other appropriate sanctions.

Additional support

We understand that this can be a difficult process, and so if at any point you need additional support, the Employee Assistance helpline is available 24-hours a day, 365 days a year. They can be contacted on 0800 0542 301 or online at www.employeeassistance.org.uk  using the access code lccsupport. Rest assured this is a completely confidential, independent helpline which is free to access.

You may wish to access our employee health and wellbeing resources and/or contact your trade union if you are a member. You can also reach out to our various support networks.

Policy version control

Version	Date	Change
1.0	16/11/20	Removal of bullying from this process. Removal of reference to registration process. New procedure for handling formal complaints; all complaints that meet the definition of harassment will be investigated in line with disciplinary procedure. Rewording of information about raising complaints under different procedures. Revision of harassment complaint form for formal complaints.
2.0	07/06/22	No changes.
2.1	03/01/23	Update of Additional Support section to reflect change of function of the Employee Support Team and the introduction of the Employee Assistance Programme.
3.0	25/10/24	Change of title from harassment policy and procedure to anti-harassment policy and procedure. Updates to incorporate the Worker Protection (Amendment of Equality Act 2010) Act 2023, which comes into force on 26 October 2024, and places a statutory duty on employers to take reasonable steps to prevent sexual harassment in the workplace. Addition of Roles and Responsibilities section.
3.1	01/03/25	Layout and tone standardised Definitions of harassment added Reference to bystander intervention added