Background

The purpose of this policy is to support an environment and culture in which harassment and bullying are unacceptable and to provide a proper framework in which complaints about these matters can be dealt with. Everyone has the right to be treated with consideration, dignity, and respect in accordance with the Christian values. Harassment and Bullying will not be tolerated at Halifax Minster in any form. Allegations of harassment and/or bullying will be taken very seriously and treated confidentially.

Whilst harassment and bullying are two separate issues, it may be possible that elements of both could be present in a complaint. If separate complaints of bullying and harassment are made relating to the same circumstances, they may be considered together at the discretion of the Operations Manager.

Harassment

The Equality Act 2010 uses a single definition of harassment to cover protected characteristics:

Harassment is “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.

The relevant protected characteristics are age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.

Anyone can raise concerns regarding behavior that they find offensive even if it is not directed at them.

Bullying

Bullying can be defined as persistent or systematic offensive, abusive, intimidating behaviour, or permutations of the same. This encompasses malicious or insulting behaviour, abuse of power, abuse of authority, or unfair penal sanctions which may make the recipient feel upset, threatened, humiliated or vulnerable.

Code of Conduct

All Church Officers, employees and volunteers should:

▪ have an awareness of this policy;

▪ treat each other with dignity and respect;

▪ have a responsibility not to bully or harass each other nor aid or collude with others to bully, harass, or victimise;

▪ have a responsibility to report harassment and bullying through appropriate channels ensuring they seek advice as necessary;

▪ have an awareness of the effect of their behaviour on others;▪ communicate openly and honestly and be open to feedback.

Reporting bullying and harassment

Always seek to resolve the matter informally. Some incidents of harassment or bullying can be dealt with effectively in an informal way. Often a person is unaware of the effect of their behaviour on others, and once made aware of the distress caused by their actions, the offensive behaviour ceases.

Therefore, before the formal procedure is invoked, every effort should be made to use the informal procedure to resolve issues as soon as possible after they arise. if the bulling continues a formal complaint can be made.

If you do not feel able to raise your concerns with the person directly, you could write to them stating that you feel harassed and/or bullied, state where and when this occurred and how you wish to be treated. If this is not possible, you should report any bullying or harassment to the Operations Manager. The Operations Manager will keep the clergy and the church wardens up to date with the case. The Archdeacon of Halifax / Leeds Diocese will be consulted as required.

All PCCs are charities and so are required to report all Serious Incidents (safeguarding and otherwise) to the Charity Commission. These are alleged or actual incidents which have resulted in or risk significant harm to trustees, employees, office holders or volunteers and are considered to be “significant” in the context of the charity. An incident should always be reported where the level of harm to the victims and/or the likely damage to the reputation of or public trust in the charity is particularly high. For example: allegations of serious sexual abuse of and by a staff member, office holder or volunteer; abuse by a senior member of staff or office holder or if a widespread of culture of bullying, abuse or sexual harassment is uncovered.

Action and investigation

The Operations Manager supported by certain members of the PCC as appropriate will investigate the background to the complaint. As noted above, the clergy and church wardens will be kept updated with the progress of the investigation as the Operations Manager and PCC subgroup consider necessary. The Operations Manager may share details of the complaint, the investigation and/or the report with the Safeguarding (Implementation and Monitoring) Group. Where possible, the Parish Safeguarding Officer should not be involved in the investigation process, not least to avoid any potential conflict with a separate safeguarding issue.

If a complaint of alleged bullying/harassment concerns the same matters, or similar circumstances involving the same people, as a new or ongoing safeguarding issue, then the Operations Manager and the Parish Safeguarding Officer may investigate and report on the matters jointly.

The investigation report will include a summary of discussion/communications with both parties, relevant extracts of any witnesses’ statements, and an examination of additional evidence, for example emails or letters. Once the investigation is completed, separate meetings may be arranged with the PCC subgroup and the complainant (if they wish) to report on the findings, whether the complaint has been upheld in full or in part and what action or next steps are being recommended.If the investigation finds there is no case to answer, the Operations Manager should notify the parties of the decision, giving full reasons why no further action is contemplated. Should an investigation conclude that harassment and/or bullying has taken place, or that the complaint has been raised maliciously or in bad faith, further action will be taken including:

▪ Mediation, which may be considered at any stage – before any informal or formal attempt is made to resolve the matter or after the matter has been resolved. Mediation can help to rebuild relationships that may have become damaged Mediation will be provided by an independent service.

▪ Additional training and support.

▪ Time out from the role – initially this can be up to 6 months, to be reviewed by the PCC subgroup or the PCC as the Operations Manager/PCC subgroup consider appropriate.

▪ Hearings Panel with members of the PCC who hear the case and decide whether to end the Volunteer Agreement between the Minster and the Volunteer because the code of conduct has been broken. This is the least favoured option and the highest escalated position.

▪ The Archdeacon will be informed of the outcome of the investigation.

▪ The PCC may be informed of the outcome of the investigation to the extent considered reasonably necessary and proportionate by the PCC subgroup depending on various factors including (but not limited to): the individual(s) about whom the complaint was made; whether any aspect of the complaint was upheld and/or whether it was raised maliciously or in bad faith; the outcome/further action taken; relevant background circumstances to the complaint; and any corresponding safeguarding issue.

Support

The following support measures are in place:

▪ Anyone who makes an allegation that they have been subject to harassment and/or bullying will be provided with a named support within the Minster. This should be someone within the Minster community (ideally the worshipping community) and could be a clergy member. The complainant may nominate an individual to act as their support; alternatively, any of those involved in the investigation may nominate a suitable to action in this position. This person should not enter into discussion with those investigating the complaint but can advise the individual they are supporting during the process and if a meeting takes place with the individual following completion of the investigation they can, confidentially, make notes and ensure the meeting is conducted fairly.

▪ The above support is also available for the subject of a complaint of harassment or bullying.

▪ Where the harassment and/or bullying is possibly due to a breakdown in relationships it may be possible to resolve the issue through mediation.

This policy should be read in conjunction with the following:

C of E Safer Church Policy 2017Halifax Minster Volunteer Code of Conduct

https://www.gov.uk/guidance/how-to-report-a-serious-incident-in-your-charity