Note: Although this policy is primarily for KS staff, the principles therein apply to participants and delivery partners alike.

The Company believes that the dignity of every person must be respected. It is the Company's intention to provide a work environment free from verbal, physical and visual harassment or behaviour, which may be objectionable or offensive to employees. Harassment of colleagues or visitors is unacceptable conduct and will normally be regarded as gross misconduct.  All employees should be sensitive to the individual rights and feelings of their fellow employees. The highest standards of conduct are required of everyone regardless of seniority.

Harassment may be any situation involving unwanted conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. Condoning such conduct may be harassment in itself. A single incident can amount to harassment if sufficiently grave.  It should also be remembered that the perception of the person being harassed will be very important and employees should not assume that conduct which they may find acceptable would also be acceptable to other employees.

Harassment may take many forms. One form of harassment is sexual harassment and this includes, but is not limited to, unwelcome sexual advances, requests for sexual favours and other verbal, visual or physical conduct:

• of a sexual nature
• on the grounds of their sex
• on the grounds that they have undergone, are undergoing or intend to undergo gender reassignment
• by one employee towards another

It can also include less favourable treatment because an employee has rejected, or submitted to, such conduct.

Harassment can also include racial harassment, which covers any verbal, visual or physical conduct, which causes embarrassment or distress to another employee of a particular colour, ethnic background or religion.

Additionally an employee could be subjected to harassment on grounds of:

• Their religious or political convictions
• Their membership or non-membership of a trade union
• Their disability, sensory impairments or learning difficulties or a perceived disability
• Their sexual orientation;
• Their marital status (including being a civil partner)
• The fact that they have undergone, are undergoing or intend to undergo gender reassignment
• Their age

Bullying takes place when an individual exercises power over another person through negative acts or behaviours that undermine him or her personally and/or professionally and which is perceived by them to be abused (physical or mental), intimidating or insulting. 

Bullying can be threatening, insulting, abusive, disparaging or intimidating behaviour which places inappropriate pressure on the recipient or has the effect of isolating or excluding them.  Bullying can take the form of shouting, sarcasm, derogatory remarks concerning job performance or constant criticism. 

Bullying is to be distinguished from vigorous academic debate or the actions of a manager making reasonable (but perhaps unpopular) requests of his or her staff. 

Examples of unacceptable conduct include:

• Verbal abuse or insulting behaviour
• Sexist or racist jokes, jokes about an individual’s sexual orientation or jokes about an individual’s physical or mental attributes
• The display or circulation of sexually suggestive, racially abusive, homophobic or other discriminatory material
• Intimidating, coercive or threatening behaviour
• The ridicule or exclusion of an individual for cultural/religious differences, on the grounds of sex, sexual orientation, gender reassignment or disability
• Unwelcome sexual advances including touching, staring or commenting
• Comments of a sexual nature about a person’s appearance or dress

INFORMAL STAGE

If you are the recipient of unwanted conduct amounting to harassment or bullying you may try to resolve the problem, if you so prefer, by explaining to the individual concerned that the behaviour is not welcome, that it offends or makes you uncomfortable and that it interferes with your work.

Anyone who has been subjected to harassment or bullying behaviour may seek confidential assistance from the HR Manager. An informal approach to the HR Manager will be treated as completely confidential and will not result in any report to anyone within the Company unless you agree.  You must be aware that the Company cannot take action to protect you from specific harassment or to punish the proprietor of such harassment if you require complete confidentiality.  The HR Manager will endeavour to support you but will not be able to take further action.

If you prefer, where you find it too difficult or embarrassing to take up the matter yourself the HR Manager will participate in an informal meeting between you and the individual concerned or will, at your request, approach the individual on your behalf.

If you become aware of possible bullying or harassment you should promptly advise the HR Manager.

The informal stage will not result in any formal internal investigation or disciplinary action but is intended to enable you to resolve the matter yourself without it going any further in the Company.

FORMAL STAGE

Where informal resolution is not appropriate, is not requested or where the outcome has been unsatisfactory then you should use the grievance procedure.  Where this is inappropriate, any complaints should be referred to your manager.

All complaints will be thoroughly and expeditiously investigated.  They will be conducted in an independent and objective manner by someone unconnected with the allegations and at least of equal grade/status with the alleged harasser.

Investigations will be carried out with sensitivity and with due respect for the rights of both the complainant and the alleged harasser. All those interviewed will be permitted to be accompanied by work colleague.

Wherever possible consideration will be given to ensuring the complainant and alleged harasser are not required to work together whilst the complaint is under investigation.
The results of the investigation will be made known through the normal procedure.

Employees should note that an employee who, after investigation, is thought to be guilty of harassment or bullying will be subject to the Disciplinary Procedure. Any employee who is found to be guilty of making a malicious claim of harassment or bullying against another employee will also be subject to the Disciplinary Procedure and depending on the circumstances the action may be regarded as gross misconduct.