Introduction:

It is the policy of Paul Bowler Training (hereafter referred to as ‘the Company’) that unacceptable forms of behaviour such as discrimination, harassment, sexual harassment and bullying will not be tolerated. Such behaviour contravenes the professionalism of the company. Maintaining a positive learning and working environment not only places obligations on the Director and management but is also the responsibility of all students, employees, trainers and client who interact with the Centre.

Everyone is expected to treat other people with respect and ensure that their actions and behaviour do not cause offence to others or contribute in any way to a discriminatory environment within the company.

Everyone is expected to support this policy by bringing any instances where such behaviour has occurred to attention at an early stage and to co-operate with any ensuing investigation whether as a complainant, the person complained about or as a witness.

For the purpose of this policy the definitions of harassment, sexual harassment and workplace bullying are as follows:

Harassment of individuals is related to one or more of the nine grounds of the equality legislation: gender, civil status, family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller Community and is regarded as a form of discrimination and is therefore illegal.

Harassment is defined as ‘Unwanted conduct related to any of the grounds covered by the legislation which takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual harassment is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, which has the purpose and effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. Such conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.
Workplace Bullying is repeated inappropriate behaviour direct or indirect whether verbal, physical or otherwise, conducted by one or more persons against another or others at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.

An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a one off incident, is not considered to be bullying. The exception is harassment and sexual harassment where no single incident is acceptable and any act is an offence.

Policy and Procedures:

It is the policy of Paul Bowler Training that the work and study environment gives all employees, trainers and students the freedom to do their work and study without having to suffer bullying , harassment or sexual harassment.

All employees and students must accept that this form of discrimination creates an intimidating and threatening environment, which can:

• Affect the integrity of people at work and study.
• Adversely affect job performance.
• Adversely affect exam performance.
• Make the recipients fearful of going to work or class.
• Cause recipients to leave their employment.
• Cause recipients to leave their course.
• Seriously affect recipient’s health by causing depression, stress, and loss of self esteem.

Examples of some forms of harassment, bullying and sexual harassment:

•Any aggressive behaviour by a manager / colleague/employee / customer / business partner/trainer/student.
• Any repeated verbal harassment.
• Any physical harassment.
• Any personal insults and name calling.
• Persistent criticism.
• Persistent “picking” on a person for the butt of jokes, horseplay, uncomplimentary remarks or other behaviour likely to cause offence.
• The maligning or ridiculing of a person directly to others.
• Unfair delegation of duties and responsibilities.
• Intimidation and threats in general.
• Any unwanted pressure for social contact.
• Sexually derogatory statements.
• The display of sexually suggestive or degrading objects, pictures or calendars in the workplace.

This list of bullying and harassment behaviour is not exhaustive.
All employees, students and trainers should be aware that bullying, harassment and sexual harassment is unacceptable, will be considered to be a serious disciplinary offence and will be subject to the company’s disciplinary sanctions. Therefore, all employees, trainers and students are encouraged to be vigilant to prevent this type of conduct and are required to comply with this policy.

All managers and trainers are required to commit to the company’s policy on harassment, bullying and sexual harassment, to implement the policy and to set appropriate standards of behaviour by their own example.

All complaints received will be treated seriously, and will be attended to immediately. The complaint will be treated confidentially, as far as possible, with due sensitivity and will be discussed with the complainant in private. The complainant is assured that the complaint will be fully investigated by the company.
At no time will the company tolerate any victimisation of a complainant or a witness and will view any such attempts as serious misconduct.
If, following investigation, the complaint is substantiated, the company designated investigator will endeavour to arrange a satisfactory resolution of the complaint.

Be aware that bullying and harassment can take place also outside the workplace if it concerns, for example, an event organised by the company such as a Christmas party, social drinks event or visiting a conference on behalf of the company.
The main purpose of this company procedure is for guidance to employees, trainers, students and visitors on how to handle a bullying and/or (sexual) harassment complaint and how to act in those circumstances.

The policy will ensure that:

• The allegation will be assessed and addressed.
• The method and work practice of handling bullying and harassment are consistent, systematic, transparent and unbiased.
• An intervention addressing the issue is in place within three weeks or within an agreed indicative time frame.
• The restoration of harmony over the medium to long term is promoted.
Employees, trainers and students who believe they are being subjected to harassment, sexual harassment or bullying should report the problem as early as possible to the Director or member of staff.

Informal Procedure:

While in no way diminishing the issue or the effects on individuals, an informal approach can often resolve matters. As a general rule therefore, an attempt should be made to address an allegation as informally as possible by means of an agreed informal procedure. The objective of this approach is to resolve the difficulty with the minimum of conflict and stress for the individuals involved. The following guideline should be used in handling the informal procedure:

1. Any employee, trainer or student who believes he or she is being bullied or harassed should explain clearly to the alleged perpetrator(s) that the behaviour in question is unacceptable. In circumstances where the complainant finds it difficult to approach the alleged perpetrator directly, he or she should seek help and advice, on a strictly confidential basis, from a contact person. The company has nominated Lorraine Flaherty as the contact person. She can involve the assistance of third parties to investigate and resolve matters. The role of the contact person is to listen, be supportive and discuss the various options open to the employee concerned.
2. Having consulted with a contact person, the complainant may request the assistance of the contact person in raising the issue with the alleged perpetrator(s). In this situation the policy of the company is by way of a confidential, non confrontational discussion, with a view to resolve the issue in an informal low-key way.
3. A complainant may decide, for whatever reason, to bypass the informal procedure. Choosing not to use the informal procedure will not reflect negatively on the complainant in the formal procedure.

Formal Procedure:

If an informal procedure is inappropriate or if after the informal stage, the alleged bullying and harassment persists, the following formal procedure should be invoked:

1. The designated person will keep a record of all stages, i.e. the complaint, the first meeting, actions agreed and signed records of the final meeting. The purpose of the records is to provide evidence of the complaint having been met with an organisational response and an attempt at finding a resolution.
2. The complainant can make a formal complaint in writing to the designated contact person. The complaint should be confined to precise details of actual incidents of bullying.
3. The alleged perpetrator(s) should be notified in writing that an allegation of bullying has been made against them. They should be given a copy of the complainant’s statement and advised that they shall be afforded a fair opportunity to respond to the allegation(s).
4. The complaint should be subject to an initial examination by a designated member of management, who is impartial, with the view to determining an appropriate course of action. An appropriate course of action at this stage, for example, could be exploring a mediated solution with a view to the issue being resolved informally. Should either of these approaches be deemed inappropriate or inconclusive, a formal investigation of the complaint will take place, with the view to determine the facts and the credibility or otherwise of the allegation(s).

Investigation:

1. The investigation will be conducted by a designated member of management, or if deemed appropriate, third parties. The investigation will be conducted thoroughly, objectively, with sensitivity, confidentiality and with due respect for both the complainant and the alleged perpetrator(s).
2. The investigation will be governed by the terms of reference, preferably agreed between the parties in advance.
3. The investigator should meet with the complainant and alleged perpetrator(s) and any witnesses or relevant persons on an individual confidential basis with a view to establishing the facts surrounding the allegation(s). Both the complainant and alleged perpetrator(s) may be accompanied by a work colleague or trade union representative, if so desired.
4. Every effort should be made to carry out and complete the investigation as quickly as possible and preferably within an agreed timeframe. On completion of the investigation, the investigator should submit a written report to management containing the findings of the investigation.
5. Both parties should be given the opportunity to comment on the findings before any action is decided upon by management.

The complainants and alleged perpetrator(s) will be informed in writing of the findings of the investigation.

Outcome:

Should management decide that the complaint is well founded the alleged perpetrator(s) should be given a formal interview to determine an appropriate course of action. Such action could involve counselling and/or monitoring or to progress the issue through the disciplinary procedure, including dismissal, or the grievance procedure of the company.

Confidentiality:

All individuals involved in the procedure referred to above should be told to maintain absolute confidentiality on the subject. Deliberately breaking confidentiality during or after the procedure could lead to disciplinary action.

Malicious Complaints:

Malicious complaints will be treated seriously and may result in disciplinary action. In this regard it should be noted that where a complaint is not upheld, this does not necessarily indicate that the complaint was malicious.

Appeals:

There is an appeals procedure in place regarding the complaints and if the employee, trainer or students is not satisfied with the outcome of the findings. The first appeal is internal to the Director who will review all findings and give a conclusion to their findings. The Director can ask qualified persons to assist them in the appeals procedure. If the employee, trainer or student is still not satisfied, they can use the normal industrial relations mechanisms.

Terms of Reference:

The investigations should be governed by the terms of reference of:

• The Code of Practice on Bullying, Department Enterprise, Trade and Employment, 2007
• The Code of Practice on Sexual Harassment at Work, Equality Authority

Policy Review:

This policy will be reviewed from time to time.