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Nottinghamshire Police are committed to ensuring the “Pledge” and “Code of Ethics” along with position statements for the Race Action Plan (RAP) and Violence Against Women and Girls (VAWG) are a golden thread within our corporate policies, procedures, and strategy documents. In the development of this Procedure/Policy/Guidance/SOP/Strategy the author has taken into consideration the below listed Force wide commitments.
Nottinghamshire Police and the OPCC welcomes diversity and inclusion and believes that individuals have the right to work in an environment, which encourages harmonious relationships and promotes a working environment where all individuals are treated with respect and courtesy whilst carrying out their duties. Any harassment or bullying of any individual working for Nottinghamshire Police or the OPCC will not be tolerated.
Nottinghamshire Police and the OPCC’s aim is to provide a working environment free from any discrimination, sexual harassment or any other types of harassment and where everyone is treated with dignity and respect and where everyone can feel supported, safe and reach their potential. This supports our commitment to ensure our communities feel safe and listened to and to serve with pride, compassion and integrity in everything we do.
Nottinghamshire Police and the OPCC are committed to providing an inclusive and welcoming working environment for all officers, staff and police support volunteers, visitors free from all inappropriate behaviours, including but not limited to; sexual harassment, harassment, bullying, victimisation, or anything not in line with our PROUD values and expected standards of behaviour.
The objective of the policy is to ensure individuals understand what sexual harassment is, prevent harassment, bullying and/or victimisation and provide guidance to resolve any problems should they occur and to avoid recurrence and the support that is available should it occur.
Nottinghamshire Police and the OPCC will treat all complaints seriously and will act promptly to investigate the complaint.
This policy accompanies our Diversity, Equality and Inclusion policy.
The policy applies to anyone working for us. This includes police officers, police staff, staff of the OPCC and special constables working for Nottinghamshire Police and the OPCC. It also applies to volunteers, contactors, interns and apprentices. This policy also relates to job applicants and is relevant to all stages of the employment relationship. The policy also applies to bullying or harassment by third parties.
The policy should be read in conjunction with the Dispute Resolution Policy and Procedure.
(Please refer to Appendices 1 & 2 for more detailed definitions)
Harassment may be sexual in nature. The law defines sexual harassment as:
Unwanted 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
Nottinghamshire Police and the OPCC are legally obliged to take reasonable steps to prevent sexual harassment of their workers in the course of their employment and by third parties.
To be sexual harassment, the unwanted behaviour must be sexual in nature and have either:
violated someone's dignity
created an intimidating, hostile, degrading, humiliating or offensive environment for someone
It can be sexual harassment if the behaviour:
has one of these effects even if it was not intended
intended to have one of these effects even if it did not have that effect
Harassment is 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.
Harassment is also unwanted conduct of a sexual nature or that is related to gender reassignment or sex 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 and the individual is treated less favourably because they submitted or rejected the unwanted conduct.
Bullying may 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.
Bullying or harassment may be by an individual against an individual; or involve groups of people. It may be obvious, or it may be insidious. Whatever form it takes, it is unwanted and unwelcome to the individual.
Workplace is considered as any place where the business of Nottinghamshire Police and the OPCC is conducted. This extends, for example, to locations away from the office or station (such as police vehicles and on patrol) and can include work related social activities.
Victimisation occurs when an individual is treated in a way that is detrimental because they have made a complaint about being discriminated against or harassed, or they have or intend to act as a witness or give evidence in support of another person(s) relating to a complaint about discrimination or harassment.
Nottinghamshire Police and the OPCC is responsible for preventing all forms of bullying or harassing behaviour. It is the responsibility of all line managers and supervisors to ensure that their team complies with this policy and that any incident of harassment, bullying or victimisation is investigated immediately and sympathetically. Line managers are also expected to set a good example with their own behaviour. They are also required to intervene to stop bullying and harassment and maintain appropriate standards.
It is the responsibility of all those working for Nottinghamshire Police and the OPCC to behave in an acceptable and appropriate manner at all times and in accordance with the force PROUD values. We would expect individuals to:
be aware of how their behaviour may affect others;
treat colleagues with dignity and respect;
make it clear to others when their behaviour is inappropriate and unacceptable;
intervene to stop sexual harassment;
report sexual harassment.
Managers are responsible for addressing all areas of people management including relevant performance, attendance or conduct issues in a timely, open and appropriate manner. This would not constitute bullying or harassment.
Complaints of sexual harassment will be taken seriously. Every member of Nottinghamshire Police and the OPCC, regardless of grade, rank, role or position, who is found to be responsible for inciting, perpetrating or condoning behaviour which amounts to workplace bullying or harassment in any form may be subject to misconduct/discipline procedures. Such a person can be held personally liable if the target of the behaviour undertakes legal proceedings.
Any investigations into allegations of sexual harassment by contractors will be conducted by line managers, referred to PSD and the contractor as appropriate.
We are committed to taking proactive measures to prevent all forms of bullying and harassment, including sexual harassment, of our workers
ensuring all new starters attend equality, diversity and inclusion training and anti-bullying and anti-harassment training, as part of their onboarding programme;
requiring all employees to attend regular equality, diversity and inclusion training and anti-bullying and anti-harassment training on at least an [annual] basis;
providing additional training for line managers to ensure that they understand how to implement this policy effectively and their role in preventing and stopping bullying and harassment from occurring in the workplace [and by third parties that you may have contact with];
encouraging individuals to support our equality, diversity and inclusion, and anti-bullying and anti-harassment, initiatives by attending events and workshops to educate themselves on the challenges faced by others and how to help alleviate these in the workplace;
monitoring our workplace culture through anonymous surveys, exit interviews, one-to-one conversations, return-to-work meetings to identify and address any issues;
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 that individuals may have contact with]; and
ensuring that our zero approach to all forms of discrimination, and bullying and harassment, is communicated to all workers [and third parties that individuals may have contact with].
We believe that a culture of equality, diversity and inclusion not only benefits
Nottinghamshire Police and the OPCC but supports wellbeing and enables our people to work better because they can be themselves and feel that they belong.
We are committed to providing a safe and respectful workplace and promoting a working environment based on dignity and trust, and one that is free from discrimination, harassment, bullying or victimisation.
A toxic workplace culture, where bullying or harassment is tolerated, is harmful to the wellbeing of the workforce as well as the wider organisation.
We therefore adopt a zero-tolerance approach to instances of bullying or harassment. This includes all forms of sexual harassment.
We expect individuals, and every one of our people, to take personal responsibility for observing, upholding, promoting and applying this policy. Whatever the job is, this is part of their role.
Any dealings individuals have with third parties, including customers, suppliers, contractors, agency staff and consultants, must be free from discrimination, harassment, victimisation or bullying. (For more information on discrimination and victimisation, please refer to our Diversity Equality and Inclusion Policy)
If any of our people is found to have committed, or condoned an act of bullying or harassment, we will take action against them (for those to whom it applies) under the Nottinghamshire Police Staff Misconduct Policy and procedure up to and including dismissal for police officer and staff. For staff of the OPCC, this will comply with the ACAS codes of practice for handling disciplinary procedures.
There is no justifiable reason to bully or harass someone else. Even if you do not intend to bully or harass someone else, this does not legitimise your behaviour as it is the impact on the recipient that is important.
Individuals should be aware that they can be personally liable for harassment.
If individuals experience bullying or harassment, we encourage them to speak up without delay and to ask for appropriate support.
If an individual believes that they have been subjected to, or witnessed harassment and/or bullying, then their concerns should be raised with their line manager, supervisor or second line manager. All concerns raised will be taken seriously and dealt with promptly and sensitively. If the concerns are regarding the first line manager they should speak to their second line manager.
Informal resolution should be the first step where possible. If the individual that has been subjected or witnessed harassment and/or bullying and feels comfortable, they should tell the individual to stop whatever it is they are doing that is causing distress and point out their behaviour is unwelcome, inappropriate or offensive. They may be unaware of the effect of their actions. This may be done verbally or in a written format.
If the individual is not comfortable of raising the issue, they may wish to get someone to act on their behalf. This could be a colleague or workplace representative.
In some cases, it may be appropriate to refer to PD 462 Professional Standards Reporting Procedure or Integrity Messenger, the Force’s confidential tool for reporting suspected misconduct or corrupt practices.
If the informal route is considered and not appropriate or does not bring about the appropriate resolution then PS 141 Dispute Resolution Policy and PD 603 Procedure should be utilised. These provide a formal route to resolve workplace issues.
A prime consideration during the process must be the individual who has raised the complaint and their wishes. In serious cases, the matter may be referred to Professional Standards Directorate or the Head of PS & OD with or without the individual’s consent.
All complaints of bullying and/or harassment will be taken very seriously. Nottinghamshire Police and the OPCC will handle any investigation in a way that's fair and sensitive to:
The person who made the complaint
Someone who witnessed it
Someone who’s been accused of bullying and/or harassment
Any individual who sexually harasses someone at work will be held responsible for their actions and if a member of Nottinghamshire Police and the OPCC, faces an investigation into their conduct at work this could result in disciplinary action up to and including summary dismissal. In addition, they could be held personally liable to pay compensation in legal claims.
Professional Standards Directorate will determine if the complaint should be investigated as a misconduct or discipline matter under the provisions of the Police Conduct Regulations or Staff Misconduct Policy and Procedure.
Bullying and harassment by third parties, such as customers, clients, suppliers and/or contractors, will not be tolerated.
If individuals are experiencing bullying or harassment by a third party, we encourage individuals to report this to their manager or the People Services team without delay so that they can advise and support individuals on the best course of action.
Where the alleged bully/harasser is a third party, Nottinghamshire Police or OPCC, may need to adjust the process followed whilst still maintaining the spirit of this policy.
Anyone involved with an informal or formal complaint about bullying or harassment, including witnesses, must keep the matter strictly confidential and act with appropriate sensitivity to all parties.
If individuals are found to have breached confidentiality or acted without due care or sensitivity in a case of bullying or harassment, we may take disciplinary action against individuals up to and including dismissal (or other appropriate action for non-employees).
Confidentiality will be maintained, subject to any requirement to involve external agencies where a criminal offence may have been committed or where maintaining confidentiality would pose a risk to the person making the report, or to others.
Nottinghamshire Police and the OPCC understand that anyone affected by, or involved with, a complaint of bullying or harassment may feel anxious or upset and we will do what we can to support individuals.
If individuals feel they cannot continue to work in close contact with the alleged
bully/harasser, we will consider seriously any requested changes to individual’s working arrangements during our investigation into the matter.
For emotional support, individuals can access free, confidential counselling from our EAP to access the service, call 03303 800658 or 0800 023 9324. You can also access the EAP website, by downloading the app to your phone to give you 24/7 access to support with username and password.
Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If individuals feel they have suffered such victimisation, they need to inform their line manager/People Services team as soon as possible.
Regardless of the outcome of the individual’s complaint, Nottinghamshire Police or the OPCC will consider carefully how to best approach any ongoing working relationship between the individuals concerned, including any third party. For example, depending on the specific circumstances, we may consider amending the job duties, location or reporting lines of either the alleged bully/harasser or the complainant. Alternatively, we may decide workplace mediation or counselling is appropriate.
There are numerous support options. Individuals can contact the below for further advice/support or guidance. This list is not exhaustive.
Line Managers
People Services
Employee Assistance Programme
Health and Wellbeing Intranet pages
Federation, Superintendent Association and Trade Union representatives
Support Networks
Individuals who believe that they have been sexually harassed and require a period of absence should speak to People Services.
Nottinghamshire Police and OPCC process personal data collected in relation to bullying or harassment complaints in accordance with our data protection policy. In particular, data collected in relation to the investigation of bullying or harassment complaints is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the complaints and conducting an investigation.
Individuals should immediately report any inappropriate access or disclosure of employee data in accordance with our Data Protection Procedure as this constitutes a data protection breach. It may also constitute a disciplinary offence, which Nottinghamshire Police will deal with under the police staff misconduct policy and procedure and the OPCC in accordance with ACAS codes of practice.
This document has been drafted to comply with the general and specific duties in the Worker Protection (Amendment of Equality Act 2010) Act 2023; GDPR 2018; Freedom of Information Act; European Convention of Human Rights; Employment Act 2002; Employment Relations Act 1999, and other legislation relevant to policing.
Harassment is any behaviour that is unwelcome and affects the dignity of those subjected to it. For the purposes of this policy, we will use and apply the following definition of harassment as being:
‘Unwanted behaviour related to a protected characteristic which has the purpose or effect of:
violating a person’s dignity; or
creating an intimidating, hostile, degrading, humiliating or offensive environment for them.’
Harassment may take place for any number of reasons. A person may be subjected to harassment because they are perceived as being ‘different to the norm’ in some way or are in a less powerful position than the alleged harasser. For this reason, people who are in a minority position – be it numerical or hierarchical – may be more vulnerable to being harassed. It is important to recognise however, that harassment can occur in less obvious scenarios and outside of traditional power relationships.
In addition, an individual may feel harassed even if the behaviour is not directed at them (harassment because of association) or it is directed at them, but they do not have the protected characteristic but are perceived to have it (harassment because of perception).
The Equality Act 2010 prohibits discrimination because of certain protected characteristics. These are:
disability;
sex;
gender reassignment;
marital or civil partnership status;
race;
religion or belief;
sexual orientation; and
age.
Although pregnancy and maternity and marriage and civil partnership are not specifically protected under the legal provisions on harassment, we consider harassment on any ground to be unacceptable.
The following sections describe these forms of harassment in greater detail and provides examples of how such harassment may manifest. These examples are not intended to be exhaustive. They are, however, indicative of behaviour that would be considered unacceptable by Nottinghamshire Police or the OPCC.
Harassment related to age is unwanted behaviour related to a person’s age. It can occur because of a person’s real or perceived age and applies to the ‘young’ and ‘old’ alike. Specific examples of age-related harassment include jokes, name-calling and comments relating to a person’s age or comments about their presumed abilities. Harassment related to age is unlawful under the Equality Act 2010.
Harassment related to disability is unwanted behaviour directed at a person because of their physical or mental disability. It may relate to the disability itself or the person’s real or presumed capabilities. A person can also be harassed on the grounds of disability where they themselves are not disabled - for example, if they are the carer of a child with disabilities and suffer harassment on that basis.
Specific examples of disability-related harassment include individuals being ignored, disparaged or ridiculed, inappropriate personal remarks, unnecessarily intrusive and inappropriate questions about a person’s condition or excessive and unnecessary references to a person’s disability. At its extreme, it can manifest as refusal to work or study alongside someone with a disability. Harassment related to disability is unlawful under the Equality Act 2010.
Harassment related to gender identity is unwanted behaviour directed at a person who is transsexual. This includes individuals who are undergoing, have undergone or plan to undergo a gender reassignment process to change their gender identity. Specific examples of such harassment include excluding a person, jokes and name-calling and refusing to acknowledge the person in their acquired gender. Harassment related to gender reassignment is unlawful under the Equality Act 2010.
Racial harassment is unwanted behaviour related to a person’s race, including their ethnic or national origins, colour or nationality. It is usually, although not exclusively, directed at individuals from minority ethnic groups.
Specific manifestations of racial harassment may include racist jokes, ‘banter’ and language, the expression of racist views and stereotypes related to, the display of racist materials, or deliberately excluding or refusing to cooperate with someone because of their race. Behaviour that focuses upon a person’s appearance, dress, culture or customs can also constitute racial harassment, as does behaviour that has the effect of fostering hatred and/or prejudice towards individuals of particular racial groups. Racial harassment is explicitly prohibited under the Equality Act 2010.
Harassment related to religion or belief is unwanted behaviour directed at a person because of their religion or a comparable belief system. It can also occur because a person is presumed to be of a particular religion or belief, even if this is not the case, or because of a person’s non-adherence to a religion or belief system.
Harassment may take the form of insults or ridicule of a person’s religion or belief. Behaviour may focus upon a particular aspect of a religion or belief system, such as clothing, religious artefacts, beliefs and rituals or the expression of stereotyped perceptions and assumptions about a religion or belief and its followers. It can also take the form of coercive pressure to convert or conform to a religion or belief system.
Harassment related to religion or belief is unlawful under the Equality Act 2010.
Sexual harassment is unwanted conduct that is sexual in nature. Sexual
harassment can occur in many forms and can take place either at work, outside
work, in person or online. Behaviour that would amount to sexual harassment
includes the below and a wide range of behaviours including but not limited to:
Physical contact, ranging from invasion of personal space, inappropriate touching or physical assault
Unwelcome touching, hugging, massaging or kissing
Intrusive questions and remarks about a person’s private life
Uninvited discussion of one’s sex life or inappropriate discussion of sex life
Offensive remarks about a person’s appearance or dress, innuendo or lewd comments
Sexual gestures
Sexually explicit language, comments, jokes, verbal and physical innuendo
Sending sexually explicit emails or text messages
Using demeaning, gender-specific terminology
Circulation of sexually explicit materials
Displaying sexually graphic pictures, posters or photos
Suggestive looks, staring or leering or whistling
Propositions and sexual advances. Or Unwelcome sexual advances, propositions, suggestive remarks, or gender-related insults
Persistent suggestions to meet up socially after a person has made clear that they do not welcome such suggestions
Making promises in return for sexual favours
Coercive demands for sexual favours, (such as promotion or academic success depending on the response to the demand)
Intrusion by pestering, spying or stalking
Criminal behaviour, including rape, sexual assault, stalking, grooming, indecent exposure
Spreading sexual rumours about a person
Sexual posts or contact on social media
Predatory behaviour.
Persistent, unwanted advances, (e.g. inviting a colleague or friend out would not in itself amount to harassment. However, if it was indicated that the approach was unwelcome and the individual persisted in making such approaches, this is likely to be considered harassment by the recipient).
Sexual harassment in the workplace may occur from:
Someone you work with
A manager, supervisor or someone else in a position of authority
A member of the public/visitor.
Nottinghamshire Police and the OPCC recognises, however, that women are significantly more likely to experience sexual harassment than men and that there is a gender equality issue in relation to sexual harassment. If sexualised behaviour and sexual objectification of women is perceived to be tolerated in the workplace, it is more likely that sexual harassment will occur.
Nottinghamshire Police and the OPCC also recognises that there is also an issue of intersecting protected characteristics in relation to sexual harassment, and that there may be additional concerns for Black or minoritised officers and staff, LGBT+, disabled and younger workers where the harassment may be bound up with other forms of discrimination.
Sexual harassment is specifically prohibited under the Equality Act 2010.
Harassment related to sex describes unwanted conduct that is directed at a person because they are male or female. For example, to deliberately exclude someone because they are the only man or woman in a team, group or class would be considered sex harassment.
Harassment because a person is pregnant, breastfeeding or recently given birth, could be harassment related to sex.
Harassment related to sex is distinct from sexual harassment as, whilst the behaviour relates to a person’s sex, it is not sexual in nature.
Harassment related to sex is unlawful under the Equality Act 2010.
Harassment related to sexual orientation is unwanted conduct directed at a person because of their actual or perceived sexual orientation. It most frequently affects individuals who are gay, lesbian or bisexual, but can sometimes be directed at heterosexuals too. Harassment related to sexual orientation may go unreported because a person does not wish to disclose their sexuality.
Harassment related to sexual orientation may be specifically manifested as intrusive questions about a person’s private life, homophobic comments, jokes and ‘banter’ about sexuality, gossip and speculation about a person’s sexuality, refusal to work or study alongside someone because of their sexuality and actual physical assault. ‘Outing’ someone by, for example, the release of personal information, would also be considered harassment. Harassment related to sexual orientation is unlawful under the Equality Act 2010.
Bullying can be defined as unwanted ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power, and usually persistent that has the effect of undermining, humiliating, denigrating or injuring the recipient.’
Typically, bullying is one person against another, or a group of people against an
individual. Bullying can also occur in less obvious scenarios and outside of traditional power relationships.
Bullying can be physical, verbal or non-verbal conduct. It is not necessarily face to face and can be done by email, phone calls, online (cyber-bullying) or on social media. Bullying may occur at work or outside work.
If the bullying relates to an individual’s protected characteristic, it may also constitute harassment and therefore will be unlawful (see Harassment).
Behaviour generally accepted as amounting to bullying includes:
Ridiculing a person
Shouting or screaming at a person
Setting someone up to fail, e.g. withholding necessary information or deliberate work overload
Unwarranted or invalid criticism and criticism which lacks the necessary constructive support to help the recipient improve their performance
Persistently ‘singling out’ a person without good reason or deliberately excluding, isolating or ignoring an individual
Making threats or comments about job security or academic success or failure without foundation.
The above examples are not exhaustive. They are, however, indicative of behaviour that would be considered unacceptable conduct by Nottinghamshire Police and the OPCC.
Bullying is distinct from vigorous debate, or the actions of a supervisor or manager making reasonable (if unpopular) requests. It is also distinct from techniques used to manage and improve performance, the distinguishing factor being that these have the effect of supporting and developing potential or promoting desired work performance, whereas bullying has the effect of undermining, humiliating, denigrating or injuring the recipient.
HBT bullying is behaviour or language which makes a person feel unwelcome or
marginalised because of their sexual orientation or gender identity, whether actual or perceived, or because of their association with people who are, or perceived to be, gay, bisexual or transgender (e.g. children of same-sex couples).
Some behaviours that have been associated with HBT bullying include:
verbal bullying: being teased or called names;
rumour-mongering;
being compared to LGB or T celebrities, caricatures or characters that portray particular stereotypes of LGB or T people;
threat of being exposed (or ‘outed’) to friends and family as LGB or T even when this is an incorrect perception;
being ignored or left out (i.e. indirect bullying or social exclusion);
the use of inappropriate sexual gestures; and
physical bullying: hitting, punching, kicking, sexual assault, and threatening behaviour.
Microaggressions - sometimes called micro-incivilities - are statements, actions, or incidents that are regarded as indirect, subtle, or unintentional discrimination against members of a marginalised group such as a racial or ethnic minority. They are sometimes referred to as "death by a thousand cuts". Microaggressions generally take one of three forms:
Micro-assaults: Conscious and obvious insults made verbally or non-verbally to a marginalised individual or group, for example directing limp-wristed hand gestures towards a gay colleague and saying "It's just a joke".
Micro-insults: Unintentionally insensitive remarks or assumptions based on stereotypes, for example saying to a person with a disability "You don't look disabled to me".
Micro-invalidations: Where a person denies, or seeks to cancel, the feelings and lived experiences of a marginalised individual or group, for example a white person saying "I don't think the UK has a problem with racism - some people are just too sensitive".
Serious microaggressions can amount to unlawful harassment, bullying or discrimination but even less serious microaggressions can negatively impact the health and wellbeing of the person experiencing them.
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PS 151:
Sexual harassment, bullying, standards of behaviour and all other forms of harassment
Type of Document:
Policy
Version:
3.0
Registered Owner:
Claire Salter
Author/Reviewer:
Sue Sullivan
Effective Date:
February 2025
Review Date:
February 2030
Linked Documents:
PD 603 Dispute Resolution Procedure
PD 462 Professional Standards Reporting Procedure
PS 148 Staff Misconduct Policy and Procedure
NPCC Sexual Harassment Policy