Anyone who works at Northern Ballet must adhere to our Anti-Harassment Policy.
Introduction
Northern Ballet is committed to creating and maintaining a work environment free from any form of harassment, sexual harassment, bullying or victimisation. We believe all who work here have the right to work in an environment that promotes equality, dignity, and respect. This policy complies with the Equality Act 2010 and the Worker Protection (Amendment of Equality Act 2010) Act 2023, reflecting our commitment to preventing all forms of harassment and bullying in the workplace.
This policy covers harassment, sexual harassment, bullying or victimisation which occurs both in and out of the workplace, such as on tour, business trips or at events or work-related social functions. It covers harassment, sexual harassment, bullying and victimisation by staff and also by third parties such as self-employed contractors, audience members, suppliers or visitors to all our premises, touring venues, and other places of work such as schools and community settings. This policy is non-contractual in its effect and does not form part of normal terms and conditions of employment, unless otherwise stated in your contract of employment.
Staff must treat colleagues and others with dignity and respect and should always consider whether their words or conduct could be offensive. Even unintentional harassment, sexual harassment, bullying or victimisation is unacceptable, and will not be tolerated
Our Executive Director has overall responsibility for the operation of this policy but may delegate elements of implementation or decision-making to Directors, Heads of Departments / Managers. Our managers will maintain an open-door policy and we encourage all staff to come forward with any concerns in relation to harassment, sexual harassment, bullying or victimisation of any kind. All our staff have a responsibility to behave in line with the requirements of this policy.
We will take allegations of harassment, sexual harassment, bullying or victimisation seriously and address them promptly and confidentially where possible. Harassment, sexual harassment, bullying or victimisation by an employee will be treated as misconduct under our Disciplinary Procedure. In some cases, it may amount to gross misconduct leading to summary dismissal. Aggravating factors, such as abuse of power over a more junior colleague, will be taken into account in deciding what disciplinary action to take.
This policy is reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness. Any changes required will be implemented and communicated to our workforce.
Scope
We deplore all forms of harassment, sexual harassment, bullying or victimisation and seek to ensure that the working environment is safe and supportive to all those who work for us. This includes employees, workers, agency workers, volunteers and contractors in all areas of our Organisation.
What the Law Says
The Equality Act 2010 prohibits harassment related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. For more information see our Equal Opportunities Policy.
The Protection from Harassment Act 1997 also makes it unlawful to pursue a course of conduct which you know or ought to know would be harassment, which includes causing someone alarm or distress.
Under the Health and Safety at Work Act 1974 staff are entitled to a safe place and system of work. The law also requires employers to take reasonable steps to prevent sexual harassment of their workers. We take action to prevent sexual harassment from occurring and have clear reporting procedures for our staff to make a complaint about sexual harassment. If you have been sexually harassed, or you have witnessed sexual harassment, we encourage you to tell us so that we can deal with the matter swiftly.
Individual members of staff may in some cases be legally liable for harassment of colleagues and may be ordered to pay compensation by a court or employment tribunal.
What is Harassment?
Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to harassment.
It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.
Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.
Harassment may include, for example:
- unwanted physical conduct or "horseplay", including touching, pinching, pushing, grabbing, brushing past someone, invading their personal space, and more serious forms of physical or sexual assault;
- unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless), and suggestions that sexual favours may further a career or that a refusal may hinder it;
- continued suggestions for social activity after it has been made clear that such suggestions are unwelcome;
- sending or displaying material that is pornographic or that some people may find offensive (including e-mails, text messages, video clips and images sent by mobile phone or posted on the internet);
- offensive or intimidating comments or gestures, or insensitive jokes or pranks;
- mocking, mimicking or belittling a person's disability;
- racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group or gender;
- outing or threatening to out someone as gay or lesbian; or
- ignoring or shunning someone, for example, by deliberately excluding them from a conversation or a workplace social activity.
Further examples of sexual harassment may include, for example:
- sexual comments or jokes, which may be referred to as “banter”
- suggestive looks, staring or leering
- making promises in return for sexual favours
- sexual gestures
- intrusive questions about a person’s private or sex life or a person discussing their own sex life
- spreading sexual rumours about a person
- sending sexually explicit emails, text messages or messages via other social media
- unwelcome touching, hugging, massaging or kissing
A person may be harassed even if they were not the intended "target". For example, a person may be harassed by racist jokes about a different ethnic group if they create an offensive environment for them.
What is Victimisation
Victimisation is subjecting someone to detriment because they have done, are suspected of doing, or intend to do, an act which is protected under discrimination and harassment laws. These are outlined below. It is not necessary for the person to have done the protected act in order for detrimental treatment to be considered as victimisation.
The protected acts are:
- making a claim or complaint under the Equality Act (e.g. for discrimination or harassment)
- helping someone else to make a claim by giving evidence or information in connection with proceedings under the Equality Act
- making an allegation that someone has breached the Equality Act
- doing anything else in connection with the Equality Act
Examples of victimisation may include:
- failing to consider someone for promotion because they have previously made a harassment /sexual harassment/ bullying complaint
- dismissing someone because they accompanied a colleague to a meeting about a harassment /sexual harassment/ bullying 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.
What is Bullying?
Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.
Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include, by way of example:
- shouting at, being sarcastic towards, ridiculing or demeaning others;
- physical or psychological threats;
- overbearing and intimidating levels of supervision;
- inappropriate and/or derogatory remarks about someone's performance;
- abuse of authority or power by those in positions of seniority; or
- deliberately excluding someone from meetings or communications without good reason.
Legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.
What to do if you are subject to harassment, sexual harassment, bullying or victimisation
We are committed to ensuring that we have a zero tolerance on harassment, sexual harassment, bullying or victimisation in our workplace. Allegations of these nature will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of our disciplinary procedures, a copy of which is available from the HR Department or can be directly accessed via Northern Ballet’s staff intranet.
Informal Steps
If you are being harassed, sexually harassed, bullied or victimised and only if you feel comfortable and feel that is appropriate to do so, you should speak to the harasser on an informal basis that their behaviour is unwanted and ask them to stop it.
We recognise that complaints of harassment, sexual harassment, bullying or victimisation can be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. If appropriate, we encourage you to raise the issue with your Line Manager, or to seek support from the HR department. This can be done in person, or by emailing hradmin@northernballet.com. Alternatively, you can report instances of harassment or bullying by completing an online form, which can be accessed via Northern Ballet’s staff intranet. Our online means of reporting unacceptable behaviour in the workplace are continually monitored.
If you are not certain whether an incident or series of incidents amount to harassment, sexual harassment, bullying or victimisation, you should initially contact the HR department informally for confidential advice. If informal steps have not been successful or are not possible or appropriate, you should follow the formal procedure set out below.
Raising a Formal Complaint
If you wish to make a formal complaint about harassment, sexual harassment, bullying or victimisation you should submit it in writing to the HR department, whose role is to achieve a solution wherever possible and to respect the confidentiality of all concerned. If the matter concerns that person, you should refer it to another member of the management team or one of our designated safeguarding leads.
Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment, sexual harassment, bullying, or victimisation the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.
As a general principle, the decision whether to progress a complaint is up to you. However, we have a duty to protect all staff and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.
Formal Investigations
We will investigate complaints in a timely and confidential manner. Individuals not involved in the complaint or the investigation should not be told about it. The investigation will be conducted by someone with appropriate experience and no prior involvement in the complaint. The investigation should be thorough, impartial and objective, and carried out with sensitivity and due respect for the rights of all parties concerned.
We will arrange a meeting with you, usually within one week of receiving your complaint, so that you can give your account of events. You have the right to be accompanied by a colleague or a trade union representative of your choice, who must respect the confidentiality of the investigation. You will be given a provisional timetable for the investigation. The investigator will arrange further meetings with you as appropriate throughout the investigation.
Where your complaint is about an employee, we may consider suspending them on full pay or making other temporary changes to working arrangements pending the outcome of the investigation, if circumstances require. The investigator will also meet with the alleged harasser or bully to hear their account of events. They have a right to be told the details of the allegations against them, so that they can respond.
Where your complaint is about someone other than an employee, such as a contractor, customer, service user, supplier, or visitor, we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate, we will attempt to discuss the matter with the third party.
We will also seriously consider any request that you make for changes to your own working arrangements during the investigation. For example you may ask for changes to your duties or working hours so as to avoid or minimise contact with the alleged harasser or bully.
It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. If so, the importance of confidentiality will be emphasised to them.
At the end of the investigation, the investigator will submit a report to a Director nominated to consider the complaint. The senior manager will arrange a meeting with you, usually within a week of receiving the report, in order to discuss the outcome and what action, if any, should be taken. You have the right to bring a colleague or a trade union representative to the meeting. A copy of the report and the senior manager’s findings will be given to you and to the alleged harasser.
Action Following the Investigation
If the senior manager considers that harassment, sexual harassment, bullying or victimisation has occurred, prompt action will be taken to address it.
Where the harasser or bully is an employee the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure.
Where the harasser or bully is a third party, appropriate action might include putting up signs setting out acceptable and unacceptable behaviour; speaking or writing to the person and/or their superior about their behaviour; or, in very serious cases, banning them from the premises or terminating a contract with them.
Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the alleged harasser or bully. It may be appropriate to arrange some form of mediation and/or counselling, or to change the duties, working location or reporting lines of one or both parties.
Any staff member who deliberately provides false information or otherwise acts in bad faith as part of an investigation may be subject to action under our Disciplinary Procedure.
Appeals
If you are not satisfied with the outcome you may appeal in writing to a nominated Director stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.
We will hold an appeal meeting, normally within one week of receiving your written appeal. This will be dealt with impartially and where possible by a nominated Director who has not previously been involved in the case (although they may ask anyone previously involved to be present). You may bring a colleague or trade union representative to the meeting.
We will confirm our final decision in writing, usually within one week of the appeal hearing. This is the end of the procedure and there is no further appeal.
What to do if you witness harassment, sexual harassment, bullying or victimisation
If you witness harassment, sexual harassment, bullying or victimisation, you are encouraged to take action appropriate action to address it. You should not take any action that may put you at risk of harassment or other harm. If you feel able, you should intervene to prevent the matter continuing. If you are not able to do this, your action may include offering support to the person who has been harassed and encouraging them to report the incident or reporting the incident yourself.
If reporting the incident, you should bring the matter to the attention of the HR department. This can be done in person, or by emailing hradmin@northernballet.com. Alternatively, you can report instances of harassment or bullying by completing an online form, access is available on the staff portal. Our online means of reporting unacceptable behaviour in the workplace are continually monitored.
Your concerns will be handled by the HR Department who will sensitively talk to the person subject to harassment or bullying to determine how they want the matter to be handled.
Protection and Support for those Involved
Staff who make complaints or who participate in good faith in any investigation conducted under this policy must not suffer any form of retaliation or victimisation as a result.
If you believe you have suffered any such treatment you should inform the HR department. If the matter is not remedied you should raise it formally using our Grievance Procedure or this procedure if appropriate.
Anyone found to have retaliated against or victimised someone for making a complaint or assisting in good faith with an investigation under this procedure will be subject to disciplinary action under our Disciplinary Procedure.
Third-party harassment, sexual harassment, bullying or victimisation
Third-party harassment or bullying occurs when a member of our workforce is subjected to harassment or bullying by someone who is not part of our workforce but who is encountered in connection with work. This includes our self-employed contractors, trustees, volunteers, benefactors, audiences, suppliers and members of the public.
Third-party harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.
The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone. However, failure for an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claim.
In order to prevent third-party sexual harassment from occurring, we will:
- attach signage to the walls of the areas within the workplace where third parties are present to warn that harassment / sexual harassment of our staff is not acceptable.
- inform third parties (i.e. self-employed contractors) of our anti-harassment, sexual harassment, bullying & victimisation policy.
If you have been subjected to third-party harassment in any form, you are encouraged to report this as soon as possible to the HR Department. This can be done in person, or by emailing hradmin@northernballet.com. Alternatively, you can report instances of harassment, sexual harassment, bullying or victimisation by completing an online form, access is available on the staff portal. Our online means of reporting unacceptable behaviour in the workplace are continually monitored.
We will not tolerate harassment, sexual harassment, bullying or victimisation by any member of our workforce against a third party. Instances of harassment, sexual harassment, bullying or victimisation may lead to disciplinary action, including termination of employment.
Confidentiality and Data Protection
Confidentiality is an important part of the procedures provided under this policy. Everyone involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the high level of confidentiality that is required. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a "need to know" basis.
Information about a complaint by or about an employee may be placed on the employee's personnel file, along with a record of the outcome and of any notes or other documents compiled during the process. These will be processed in accordance with our Data Protection Policy.
Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure.
Training and Awareness
Northern Ballet will provide regular training on this policy and the broader issue of harassment, sexual harassment, bullying and victimisation to ensure employees are aware of their rights and responsibilities. This training will also cover the steps the company is taking to prevent and deal with unacceptable behaviour and the importance of a respectful workplace culture.
Acknowledgment and Employee Declaration
All employees are required to read, understand, and adhere to this policy. By continuing your employment at Northern Ballet, you agree to comply with this Anti-harassment, sexual harassment, bullying & victimisation policy and to take an active role in maintaining a workplace free from harassment.
Review Date: October 2024
Reviewed by: Jodie Chandler – Head of People
Date of Next Review: October 2025