1.     OVERVIEW

 

OXFORD MEDWELL ACADEMY is committed to creating and maintaining a workplace environment which fosters mutual respect, integrity and professional conduct. In keeping with this commitment, the Company has established this policy and a set of reporting/investigation procedures for all employees relating to the issue of workplace bullying. OXFORD MEDWELL ACADEMY will not tolerate bullying or harassment in the workplace and will make every reasonable effort to prevent and eliminate conduct which falls within the scope of this policy.

 

 

2.     SCOPE

 

All employees, directors and officers of the Company are covered by this policy. This policy applies to all activities which take place on the Corporation’s premises (including interpersonal and electronic communications) or which are directly related to the workplace and during any job-related task or activity, including conferences, training sessions, travel and social functions.

 

 

3.     BULLYING DEFINITION

 

Bullying is characterized by aggressive, intimidating, malicious or insulting behaviour or abusive behaviour or abuse of power through means intended to undermine, humiliate, denigrate or hurt the person to whom it is directed.

 

Bullying does not always result from supervisor/subordinate relationships or vice versa; unacceptable peer pressure can also constitute bullying.

 

Examples of conduct or comments which might constitute bullying include:

 

• Demonstrations of rage against a colleague in public and/or private
• Personal insults and name calling
• Shouting, yelling
• Targeting an individual through persistent, unwarranted criticism
• Verbal, written or physical threats and intimidation
• Unfair criticism and persistent public humiliation
• Setting targets with deadlines that cannot be met
• Removing areas of responsibility and impose subordinate tasks instead
• Ignoring or excluding a person, or speak only to a third party to isolate another person
• Vandalizing personal belongings
• Spreading malicious rumours, gossip or negative innuendo
• Insulting someone or derogatory remarks, gestures or actions
• Copying critical memos about someone to others who do not need to know
• Ridiculing or belittling someone
• Exclusion
• Victimization
• Unfair treatment
• Overbearing surveillance
• Unwelcome sexual advances
• Touching or standing too close
• Postings of offensive material
• Making threats or comments about job security without foundation
• Deliberately undermine a competent worker by constantly neglecting and criticizing him/her
• Preventing people from progressing by intentionally blocking promotion or training opportunities.

 

Bullying can take other forms. For example, what may emerge as a concern initially categorised as ‘harassment’, ‘intimidation’ or ‘aggressive management’ may, upon investigation, be considered to be a case of bullying.

 

Bullying or harassment would not include:

 

·       Normal exercise of supervisory responsibilities, including performance reviews, direction, counseling and disciplinary action where necessary, provided they are conducted in a respectful, professional manner, in accordance with the Company’s policies and procedures;

 

·       Social interactions, jokes and bantering, which are mutually acceptable, provided the interactions are respectful and there is no negative impact for others in the work environment; and

 

·       Disagreements, misunderstandings, miscommunication and/or conflict situations, provided the behavior of the individuals involved remains professional and respectful.

 

 

4.     CONSEQUENCES OF BULLYING

 

A person who is bullied may suffer from physical and/or emotional symptoms, such as sleep disorders, nausea, sweating, tremors, depression, and loss of confidence and motivation.

 

In addition, they may suffer other consequences, such as the loss of training and development opportunities, and missed promotion opportunities.

 

 

5.     EMPLOYEES’ RIGHTS, ROLES AND RESPONSIBILITIES

 

Each and every employee of OXFORD MEDWELL ACADEMY is expected to support the implementation of this policy by:

 

·       Behaving in a manner that reflects professional conduct, mutual respect for others and respect for diversity in the workplace;

 

·       Not intimidating or harassing others;

 

·       Participating fully and in good faith in any resolution process or formal complaint and investigation process when it has been determined that they are able to provide relevant information;

 

·       Reporting any bullying or harassment they experience or observe in the workplace that may contravene this policy; and

 

·       Respecting the rights to personal dignity, privacy and confidentiality relating to this policy.

 

 

6.     MANAGEMENT ROLES AND RESPONSIBILITIES

 

While each employee has a responsibility to maintain and contribute to the preservation of an environment that is free from intimidation, those in positions of authority over employees have more responsibilities than other employees in the Corporation’s organization.

 

Managers have an additional obligation to make every reasonable effort to establish and maintain a workplace free of intimidation or harassment. For the purposes of this policy, their responsibilities include, but are not limited to, the following:

 

• Ensuring that employees have full access to information about employer policies and standards;

 

• Respecting the right of all parties to a fair, equitable and confidential process for responding to complaints;

 

• Providing support to all those involved in a problem-solving process; and

 

• The application of corrective and/or disciplinary measures, if any.

 

 

7.     PROCEDURE

 

If you observe or believe you are being bullied or subjected to any other form of harassment in the workplace, in the course of the company’s business or any other activity sponsored by the company, here are the first things you can do:

 

a)     Employees are encouraged to make it clear to the person who is bullying them that their behaviour is undesirable and that it must be stopped.

 

b)     If the behaviour persists, keep records of incidents of behaviour, which you consider to be harassment or bullying, noting the date and time of the incident and details of any witnesses. Such records can be helpful in describing the problem and may also be used if any formal action is subsequently taken.

 

c)     Should the behaviour continue, staff should approach their line manager or, if appropriate (e.g. if that person is the one causing the concerns), another senior manager or even the HR department.

 

d)     Make your bullying complaint by contacting your manager or the HR. The complaint may be verbal or in writing. If the complaint is made verbally, the manager or the HR will record the details provided by the employee.

 

e)     A manager handling the complaint of bullying is likely, in the first instance, to discuss the complaint informally with the alleged offender. This should take place without delay after the complaint has been made. If the matter is not resolved informally, the manager will initiate an investigation.

 

f)      Following an investigation, the decision of the manager will be confirmed in writing to the complainant and the person against whom the allegation has been made.

 

g)     If the manager concludes that bullying has taken place, procedures set out in the company’s disciplinary procedure will be initiated.

 

Complaints should be made as soon as possible but no later than within one year of the last incident of perceived harassment, unless there are circumstances that prevented the employee from doing so.

 

 

8.     HOW COMPLAINTS WILL BE DEALT WITH

 

Any claims of bullying will be investigated promptly and discreetly. All complaints are treated with sensitivity and are kept confidential as possible. If you witness a bullying situation and make a complaint about it, we will never disclose who made a complaint to anyone or give out information that may help others identify that person (e.g. which department or role they work in.) An appropriate disciplinary action will be taken to eliminate inappropriate behaviour.

 

In addition, you are not required to report your complaint to the person who is the subject of the complaint. For example, if your complaint concerns your supervisor, you can talk to someone in Human Resources. However, if someone at work, in the course of the company’s business or in a company-sponsored function engages in conduct that makes you feel uncomfortable, we encourage you to tell them that the conduct is unwelcome, that you find it offensive and that you ask that it stop immediately. 

 

Human Resources will promptly investigate complaints. You must cooperate fully in such investigations. If warranted, the company will take appropriate corrective action, up to and including termination of employment.

 

The company will not tolerate intimidation, victimisation, retaliation or discrimination against an individual for filing a complaint or assisting in an investigation, whether or not the complaint is upheld. Where such action is alleged, the matter will be dealt with in the same way as an allegation of harassment or bullying.

 

If you believe you have been subject to reprisal, you can use any of the resources described above to report your concern.

 

 

9.     RESSOURCES FOR THE PLAINTIFF

 

Employees who feel they have been bullied or who have been the subject of allegations will be given access to support, e.g. counselling, if this is appropriate.

If, after an investigation (which may include medical enquiries), a period of absence is attributed to proven bullying at work, no absence shall be recorded against the entitlement to occupational sick pay.