Equal Opportunities: Harassment Policy
1 - Two Harcourt Buildings is committed to providing a work environment in which all individuals including members, pupils, mini-pupils, employees, clients and the public are treated with dignity and respect. Chambers is determined to promote a work environment in which everyone is treated equally and with dignity and can flourish.
2 - Chambers will not tolerate any form of harassment and will take all necessary steps to ensure that its members and employees are not subject to harassment. Harassment includes any unwanted conduct related to sex, race, disability, gender re-assignment, religion or belief, sexual orientation or age. Such behavior may take many forms including:
conduct which is unwanted by the recipient and perceived as hostile or threatening;
conduct which gives rise to a hostile or threatening work environment;
conduct which creates an atmosphere in which it is feared that rejection or submission will be used as a basis for decisions which have an impact on the recipient at work such as an allocation of work or tenancy decision.
3 - The following are examples of types of behavior which may amount to harassment:
physical or sexual assault;
requests for sexual favours in return for career advancement;
unnecessary physical contact;
exclusion from social networks and activities or other forms of isolation;
compromising suggestions or invitations;
suggestive looks or remarks;
display of offensive materials, including on computer screen;
tasteless jokes or verbal abuse, including any sent by email;
offensive remarks or ridicule;
dealing inappropriately or inadequately with complaints of harassment.
4 - Harassment is unlawful under Section 26 of the Equality Act 2010. In addition to the above unwanted conduct, it can arise where a person engages in any kind of unwanted sexual behaviour (or gender reassignment or sex related behaviour).
5 - Chambers is committed to providing a supportive environment in which to resolve problems of harassment, and has put in place a number of options for resolving problems. A non-adversarial approach will be adopted. A person therefore subject to harassment may, at their choosing, deal with the matter in a number of ways:
Voicing a concern - when an incident of harassment occurs, the recipient should communicate their disapproval and objections immediately to the harasser and request the harasser to stop. If the harassment does not stop or if the recipient is uncomfortable about addressing the harasser directly, he or she may raise the matter informally. Where an aggrieved person merely wishes to voice their concerns and no more they can approach either a member of the Equal Opportunities Committee or the Head of Chambers or one of the nominated members of Chambers as set out in Appendix 16 of the Chambers’ Manual for a confidential discussion. This is primarily intended to provide support and advice without the matter going any further.
Informal complaint - this can be done orally to either a member of the Equal Opportunities Committee or the Head of Chambers or a nominated member of Chambers as set out in Appendix 16 of the Chambers’ Manual. An informal complaint is designed to act as a method of resolving disputes without the need for a formal investigation to determine the issue. If the complaint concerns the conduct of a person in Chambers, it may be that such a person can be made aware that they are causing offence and so cease the offending behaviour.
Formal complaint - this must be in writing and must set out the allegation(s) complained of so as to enable Chambers to carry out a thorough investigation of all the matters concerned. The complainant has a right to make representations and/or to be independently represented, as does the person whom the complaint has been lodged against. An investigation should not, save in exceptional circumstances, last longer than six weeks from the date of the complaint. Following an investigation, a representative panel of at least three members of Chambers will determine the issue. No member of such a panel should have a conflict of interest between themselves and the complainant. If harassment has been found, remedial steps will be taken immediately. These may include any of the following:
Formal apology
Counselling
Written warning
Change of work assignment
Report to the relevant Inn recommending the removal of pupil supervisor status
Suspension or discharge of member or employee
Referral to Professional Conduct Committee (PCC).
6 - Harassment is misconduct for employees or a breach of the Bar Code of Conduct for barristers. Allegations of harassment will be dealt with under Chambers’ Disciplinary Code as set out at Appendix 15 of the Manual.
7 - Chambers is committed to ensuring that no one who makes a complaint of harassment in good faith should be subjected to any detriment as a result. Any victimisation of a complainant, witness or anyone else involved in the investigation of a complaint will be viewed as a disciplinary matter. The raising of such a complaint will not have any adverse consequences for the complainant, particularly in relation to tenancy and promotion decisions.
8 - A copy of this policy is made available to all those for whom Chambers constitutes a working environment, including tenants, pupils, squatters, clerks and other employees, temporary workers, those who provide services to Chambers such as contract cleaners, accountants and IT consultants, an mini pupils and work experience students.
9 - This policy was adopted on 1 August 2013 and is reviewed annually.