Bullying and harassment: NHSScotland PIN policy

Appendix 1 Definitions

1 Definitions of bullying and harassment

These terms are used interchangeably by most people, and many definitions include bullying as a form of harassment. However, the terms are differently defined by ACAS as follows:

• Harassment is "unwanted conduct related to a relevant protected characteristic (age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation), 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".
• 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 (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.

Examples of bullying/harassing behaviour include:

• Spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of age, race, sex, disability, sexual orientation and religion or belief);
• Copying memos that are critical about someone to others who do not need to know;
• Ridiculing or demeaning someone - picking on them or setting them up to fail;
• Exclusion or victimisation;
• Unfair treatment;
• Overbearing supervision or other misuse of power or position;
• Unwelcome sexual advances - touching, standing too close, the display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected;
• Making threats or comments about job security without foundation;
• Deliberately undermining a competent worker by overloading and constant criticism;
• Preventing individuals progressing by intentionally blocking promotion or training opportunities.

2 Examples of harassing behaviour

2.1 Sexual harassment

• Unwanted, non-accidental physical contact, ranging from unnecessary touching, patting, pinching or brushing against a colleague's body, to assault or coercing sexual relations;
• Unwelcome sexual advances, propositions or pressure for sexual activity; offensive flirting; continued suggestions for social activity in or outside the workplace, after it has been made clear that such suggestions are not welcome;
• e.g. promotions, salary increases etc.);
• Displaying pornographic or sexually suggestive pictures, objects or written materials;
• Leering, whistling or making sexually suggestive comments or gestures, innuendoes or lewd comments;
• Conduct that denigrates or ridicules or is intimidatory or physically abusive of an employee because of his or her sex, such as derogatory or degrading abuse or insults which are gender-related and offensive comments about appearance or dress.

2.2 Racial harassment

• Conduct that denigrates or ridicules a colleague because of his or her race, such as derogatory remarks, graffiti, or jokes. Such conduct can be verbal or physical;
• Displaying or sending offensive letters or publications; threatening behaviour;
• Being 'frozen out' of conversations, jostling or assault, or other non-accidental physical contact;
• Derogatory nicknames or racial name-calling.

2.3 Disability harassment

• Mimicking the effect of a disability or speech impairment;
• Ostracising, 'freezing out', ignoring and staring;
• Making fun of a disability;
• Using inappropriate terms ( e.g.'cripple', 'spastic');
• Inappropriate personal questions/comments about a disability;
• Belittling or patronising comments/nicknames;
• The display or sending of offensive letters or publications; threatening behaviour;
• Moving a wheelchair without the user's agreement;
• Practical jokes e.g. hiding a disability aid);
• Disability-based derogatory nicknames or name-calling;
• Touching a visibly impaired person (to annoy).

2.4 Age harassment

• Conduct that denigrates, ridicules or is intimidating or physically abusive of an employee because of his or her age, such as derogatory or degrading age-related abuse, insults or offensive comments and jokes about appearance or dress. Such conduct can be verbal or physical;
• Being 'frozen out' of conversations or excluded from social interaction;
• The display or sending of offensive letters or publications; threatening behaviour;
• Derogatory nicknames or name-calling based upon age;
• Being discounted from development opportunities.

2.5 Sexual orientation harassment

• Conduct that denigrates or ridicules a colleague because of his or her sexual orientation, such as derogatory remarks, graffiti, jokes. Such conduct can be verbal or physical;
• The display or sending of offensive letters or publications; threatening behaviour;
• Being 'frozen out' of conversations, jostling, assault, or other non-accidental physical contact;
• Derogatory nicknames or name-calling based upon sexual orientation.

2.6 Religious harassment

• Requiring or coercing an employee to abandon, alter, or adopt a religious practice as a condition of employment;
• Subjecting an employee to unwelcome statements or conduct (based on religion) which is so severe or pervasive that the individual being harassed reasonably finds the work environment to be hostile or abusive;
• Conduct that denigrates or ridicules a colleague because of his or her religion, such as derogatory remarks, graffiti or jokes. Such conduct can be verbal or physical;
• Displaying or sending offensive letters or publications; threatening behaviour;
• Being 'frozen out' of conversations, jostling, assault, or other non-accidental physical contact;
• Derogatory nicknames or name-calling based upon religion.

3 Firm and fair management vs. bullying and harassment

Within organisations, it is necessary and appropriate for managers to be able to manage their staff. This will involve:

• Issuing reasonable instructions and expecting them to be carried out;
• Setting and publicising expected standards of performance supported by a relevant appraisal framework;
• Disciplining staff for misconduct, where appropriate, following a fair and reasonable investigation; or
• Implementing action in respect of the management of sickness absence in line with the local policy.

It is reasonable to expect a manager to perform these functions fairly, firmly and consistently. Performing them does not constitute an act of bullying/harassment, although some staff may feel stressed or anxious while the procedures are ongoing. However, abusing these procedures may constitute bullying/harassing behaviour.

It is important to differentiate between firm, fair management and bullying and harassment. It is in the interests of the organisation that managers should be able to execute their duties without threat of malicious or vexatious complaints - which in themselves could be deemed to be a form of bullying/harassment.

It must also be recognised that where it is found that complaints of a malicious or vexatious nature have been made that these will be dealt with appropriately - and this may involve disciplinary action.

Because of differences in perception, it is not always easy to differentiate between firm, fair management and bullying and harassment. So here are a few comparisons to help you discern between the two:

Appropriate Behaviour	Inappropriate Behaviour
Consistent	Inconsistent
Shares information	Withholds selectively
Fair	Has favourites
Truthful	Distorts, fabricates
Delegates	Abdicates
Builds team spirit	Creates fear, divides
Leads by example	Sets a poor example
Listens	Snaps
Admits mistakes	Blames others
Challenges constructively	Avoids conflict

It is accepted that these descriptions represent extremes of behaviour, although in practice things may not be so clear and individuals may display characteristics which fall somewhere in the middle.

4 Bullying and harassment by 'others'

'Others' may include:

• Patients, residents and clients;
• Relatives, carers and advocates;
• Contractors and agency workers;
• Staff from other agencies; or
• Staff from partner organisations to NHSScotland (such as local councils) or other NHS boards.

It is accepted that staff working within the NHS have to deal with patients/clients with a variety of conditions which may affect their behaviour. At the same time, where bullying/harassment is perpetrated by others, there have to be procedures in place to address this. Employees need to be aware of the Staff Governance Standard³⁴ and the support they can expect from their employer should such situations arise.

Where contractors are the perpetrators of bullying/harassment, they must be advised that if the behaviour does not stop, or if the behaviour is serious in nature, then their contract may be terminated prematurely. Organisations must ensure that when awarding contracts, the appropriate documentation includes provision for this eventuality. A suggested procedure for dealing with bullying/harassment by others is given in Appendix 3: Model policy and procedure.