Bullying & Harassment Policy
PURPOSE
Zinc Media Group Plc and its subsidiaries (“the Company”) is committed to creating a safe work environment, free of harassment and bullying, where everyone is treated with dignity and respect.
This Policy covers bullying and harassment of and by anyone working for us. This includes employees, workers, agency workers, contractors, volunteers, interns and apprentices. The policy also relates to job applicants and is relevant to all stages of the employment relationship. The policy also applies to bullying or harassment by third parties, including suppliers and clients.
The Company will not tolerate bullying and harassment of our employees or freelancers. All formal allegations of bullying and harassment raised will be investigated and if appropriate, disciplinary action will be taken up to and including dismissal of the offender, with or without notice.
The Policy covers bullying and harassment in the workplace and in any work-related setting outside the workplace, such as business trips and both formal and informal social events. Bullying and harassment may be misconduct that is physical, verbal or non-verbal, including the use of social media.
This Policy is relevant to all employees of the Company and supersedes any previous policies.
This Policy will be changed from time to time with no requirement for notice and does not form part of your contract of employment.
Once you have read the policy, if you have any questions please speak to Human Resources.
BULLYING AND HARASSMENT
Although there is no legal definition of bullying, it can be described as unwanted behaviour from a person or group that is either:
- offensive, intimidating, malicious or insulting
- an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone
Bullying can be:
- be a regular pattern of behaviour or a one-off incident
- happen face-to-face, on social media, in emails or calls
- happen at work or in other work-related situations
- not always be obvious or noticed by others
It’s possible someone might not know their behaviour is bullying. It can still be bullying even if they do not realise it or do not intend to bully someone.
Examples of bullying
While this is not an exhaustive list, bullying may include:
- physical, verbal or psychological threats;
- excessive levels of supervision
- inappropriate and derogatory remarks about a person’s performance
- constantly putting someone down in meetings
- excluding someone from team social events
- putting humiliating, offensive or threatening comments or photos on social media
It is important to understand that legitimate, reasonable and constructive criticism of a person’s performance or behaviour, or reasonable instructions given to people in the course of their employment, will not of themselves amount to bullying.
Upward bullying
Bullying can also happen from staff towards someone more senior, for example a manager. This is sometimes called ‘upward bullying’ or ‘subordinate bullying’. It can be from one employee or a group of employees.
Examples of upward bullying can include:
- showing continued disrespect
- refusing to complete tasks
- spreading rumours
- constantly undermining someone’s authority
- doing things to make someone seem unskilled or unable to do their job properly
Microaggressions
Microaggressions – sometimes called micro-incivilities – are statements, actions, or incidents that are regarded as indirect, subtle, or unintentional discrimination against members of a marginalised group such as a racial or ethnic minority. Microaggressions generally take one of three forms:
- Micro-assaults: Conscious and obvious insults made verbally or non-verbally to a marginalised individual or group, for example directing limp-wristed hand gestures towards a gay colleague and saying “It’s just a joke”.
- Micro-insults: Unintentionally insensitive remarks or assumptions based on stereotypes, for example saying to a person with a disability “You don’t look disabled to me”.
- Micro-invalidations: Where a person denies, or seeks to cancel, the feelings and lived experiences of a marginalised individual or group, for example a white person saying “I don’t think the UK has a problem with racism – some people are just too sensitive”.
Serious microaggressions can amount to unlawful harassment, bullying or discrimination but even less serious microaggressions can negatively impact the health and wellbeing of the person experiencing them.
Bullying and harassment are often confused. By law (Equality Act 2010), bullying behaviour can be harassment if it relates to any of the following ‘protected characteristics’:
- age
- disability
- gender reassignment
- race
- religion or belief
- sex
- sexual orientation
Harassment
Harassment is unwanted conduct related to a protected characteristics under the Equality Act 2010, which includes sex, gender reassignment, race (including colour, nationality, ethnic or national origins), disability, sexual orientation, marriage and civil partnership, pregnancy or maternity, religion or belief, and age, that has the purpose or effect of:
- violating someone else’s dignity; or
- creating an intimidating, hostile, degrading, humiliating or offensive environment for someone else.
Harassment can occur where someone perceives another person to have a protected characteristic, for example a perception that someone is transgender even if they are not.
Harassment can also arise by association, where someone is harassed because they are associated with someone with a protected characteristic, for example having a family member of a particular religion.
Examples of harassment
Harassment can occur in many forms, and can take place either at work, outside work, in person, or online. While this is not an exhaustive list, examples include:
- “banter”, jokes, taunts or insults that are sexist, racist, ageist, transphobic, homophobic or derogatory against any other protected characteristic;
- unwanted physical behaviour, for example, pushing or grabbing;
- excluding someone from a conversation or a social event or marginalising them from the group;
- derogatory comments about pregnancy, maternity leave or IVF treatment;
- mimicking or making fun of someone’s disability;
- derogatory or offensive comments about religion;
- unwelcome comments about someone’s appearance or the way they dress that is related to a protected characteristic;
- “outing” (ie revealing their sexual orientation against their wishes), or threatening to “out”, someone;
- consistently using the wrong names and pronouns following the transition of a person’s gender identity;
- displaying images that are racially offensive; and
- excluding or making derogatory comments about someone because of a perceived protected characteristic, or because they are associated with someone with a protected characteristic.
Meaning of sexual harassment
Harassment may be sexual in nature. The law defines sexual harassment as:
- conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment; and
- less favourable treatment related to sex or gender reassignment that occurs because of a rejection of, or submission to, sexual conduct.
Examples of sexual harassment
Sexual harassment can occur in many forms, and can take place either at work, outside work, in person, or online. While this is not an exhaustive list, examples include:
- physical conduct of a sexual nature, unwelcome physical contact or intimidation;
- persistent suggestions to meet up socially after a person has made clear that they do not welcome such suggestions;
- showing or sending offensive or pornographic material by any means (eg by text, video clip, email or by posting on the internet or social media);
- unwelcome sexual advances, propositions, suggestive remarks, or gender-related insults;
- offensive comments about appearance or dress, innuendo or lewd comments;
- leering, whistling or making sexually suggestive gestures; and
- gossip and speculation about someone’s sexual orientation or transgender status, including spreading malicious rumours.
VICTIMISATION
Victimisation is subjecting a person to a detriment because they have, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing them or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because they have made a complaint or giving them a heavier or more difficult workload.
Provided that you act in good faith, i.e. you genuinely believe that what you are saying is true, you have a right not to be victimised for making a complaint and the Company will take appropriate action to deal with any alleged victimisation, which may include disciplinary action against anyone found to have victimised you.
OUR COLLECTIVE RESPONSIBILITY
We all have a responsibility to help create and maintain a safe, inclusive work environment free of bullying and harassment. You can help to do this by:
- being aware of how your own behaviour may affect others and changing it if necessary. You can still cause offence even if you are “only joking”;
- treating your colleagues with dignity and respect at all times;
- taking a stand if you think inappropriate jokes or comments are being made at the expense of colleagues or reporting this to your manager where you witness it;
- making it clear to others when you find their behaviour unacceptable, unless it should be obvious in advance that this would be the case;
- speaking out and reporting harassment or bullying to your manager or Human Resources and supporting the Company in the investigation of complaints; and
- if a complaint of harassment or bullying is made, not prejudging or victimising the complainant or alleged harasser.
Managers have a responsibility to:
- set a good example by their own behaviour;
- ensure that they create a supportive, inclusive working environment for all of their employees;
- make sure that staff know what standards of behaviour are expected of them;
- intervene to stop bullying or harassment; and
- report promptly to Human Resources any complaint of bullying or harassment, or any incident of bullying or harassment witnessed by them.
RAISING A COMPLAINT
Bully/harasser is a colleague
If you feel able to, you may decide to raise the issue with the individual themselves, to make clear that their behaviour is not welcome and to ask them to stop. They may not be aware that their behaviour is offending you.
Alternatively, if you do not feel comfortable addressing the individual directly, you can seek support from your manager, a colleague, HR, or the designated safeguarding/welfare lead on your production.
You may or may not want them to talk to the individual on your behalf and, where possible, we will respect your wishes. However, if the welfare or safety of you or others is at risk or where your allegations are particularly serious, we may have to approach the individual and instigate a formal investigation. In such a case we will, where possible, discuss this with you first.
Bully/harasser is a third party
Bullying and harassment by third parties, such as customers, clients, suppliers and/or contractors, will not be tolerated.
If you are experiencing bullying or harassment by a third party, we encourage you to report this to your manager or the HR team without delay so that they can advise and support you on the best course of action.
Formal route
If an informal approach does not resolve matters, or you think the situation is too serious to be dealt with informally, you can make a formal complaint by using the Company’s Grievance Policy. As referenced in our Grievance Policy, you are able to speak directly and confidentially to the Company’s Chief People Officr or CEO, if you believe you are being bullied, harassed or victimised while working with us.
All complaints will be investigated promptly and in line with our Grievance Policy, and, if appropriate, disciplinary proceedings will be brought against the alleged offender. You will have the right to be accompanied by a work colleague or trade union representative at any meeting dealing with your grievance.
The Company will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible. Investigation of allegations will normally require limited disclosure on a “need to know” basis. For example, your identity and the nature of the allegations may have to be revealed to the alleged harasser, so he/she can respond to the allegations. HR will discuss what information will need to be shared with you in advance.
Wherever possible, the Company will try to ensure that you and the alleged harasser are not required to work together while the complaint is under investigation. This could involve giving you the option of remaining at home on special leave, if you wish. In a serious case, the alleged harasser may be suspended while investigation and any disciplinary proceedings are underway.
Where the alleged bully/harasser is a third party, we may need to adjust the procedure under this policy to ensure we conduct appropriate investigations, and we will discuss this with you.
If YOU ARE ACCUSED OF BULLYING OR HARASSMENT
If someone approaches you informally about your behaviour, do not dismiss the complaint out of hand because you were only joking, or think the complainant is being too sensitive. Everyone has the right to decide what behaviour is acceptable to them, and to have their feelings respected by others. You may have offended someone without intending to.
If that is the case, the person concerned may be content with an explanation and an apology from you and an assurance that you will be careful in future not to behave in a way that you now know may cause offence. Provided that you do not repeat the behaviour that has caused offence, that is likely to be the end of the matter.
If a formal complaint is made about your behaviour, this will be fully investigated. The Company will follow its disciplinary procedure, and you will have the rights set out in that procedure. If you are found guilty of bullying and harassment this could lead to disciplinary action, up to and including your dismissal from the Company, with or without notice, depending on the severity of the offence.
Support for those affected or involved
We recognise that being involved in a formal complaint can be a worrying time for our employees, whether you raised the complaint, or a complaint has been raised against you.
For emotional support, you can access free, confidential counselling from our EAP. If you are enrolled into the Westfield Health Cash Plan, you can access the Health Assured Employee Assistance Programme through this benefit. Alternatively, you can access mental health and wellbeing support via the Canada Life ‘We Care’ services.
Download the WeCare Programme app from the App Store or Google Play. Or visit wecare-cl.com. Create a profile and enter the Zinc Media unique access code which is E25400. You will need to complete a quick online ID check to access the services.
If you feel you cannot continue to work in close contact with the alleged bully/harasser, we will consider seriously any requested changes to your working arrangements during our investigation into the matter.
Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If you feel you have suffered such victimisation, please inform the HR team as soon as possible.
Sensitivity and confidentiality
Anyone involved with an informal or formal complaint about bullying or harassment, including witnesses, must keep the matter strictly confidential and act with appropriate sensitivity to all parties.
If you are found to have breached confidentiality or acted without due care or sensitivity in a case of bullying or harassment, we may take disciplinary action against you up to and including dismissal (or other appropriate action for non-employees).
Record-keeping
We process personal data collected in relation to bullying or harassment complaints in accordance with our GDPR policy. In particular, data collected in relation to the investigation of bullying or harassment complaints is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the complaints and conducting an investigation. You should immediately report any inappropriate access or disclosure of employee data in accordance with our GDPR Policy as this constitutes a data protection breach. It may also constitute a disciplinary offence, which we will deal with under our disciplinary procedure.
Monitoring and review
This policy is reviewed annually and, if necessary, amended to ensure that it remains effective.
POLICY REVIEWED:
March 2025
Grace French-Pawar, Senior HR Partner
Zinc Media Group Plc.