Behavioural Standards Guidance (Revised core values) - October 2024

Appendix 1 - Definitions

Bullying
Definition
Bullying can be defined as “offensive, intimidating, malicious, insulting or humiliating behaviour, abuse of power or authority which attempts to undermine an individual or group of employees and which may cause them to suffer stress”.

Harassment
Definition
It is difficult to specify an exact definition of harassment. However, in general terms, it is a range of behaviour that is unwanted, demeaning or offensive to the person against whom it is directed which has the intention or effect of violating the dignity of that person or creating an environment which is intimidating, hostile, degrading, humiliating or offensive. The behaviour displayed will vary according to the type of harassment that is taking place. This can be based on:

Age
Ridicule or demeaning behaviour based on stereotypical perceptions and prejudices about a person’s age or experience.

Disability
Undignified treatment, ridicule or exclusion of people because of their disability, actual or perceived vulnerability or actual/perceived reduction in independence.

Race
An act or a series of actions directed at a person or group of people because of their colour, race, nationality, ethnic origin, or cultural differences. It can range from creating an uncomfortable or unpleasant atmosphere to physical abuse.

Religion or Belief
Socially unacceptable behaviour which fails to tolerate or acknowledge the rights or needs of individuals with different religious convictions, beliefs, and practices.

Gender
Unwanted or derogatory comments based on stereotypical perceptions and prejudices.

Sexual Harassment
Unwanted conduct of a sexual nature, such as unwelcome sexual advances (either physical or verbal), propositions, offensive flirtation, innuendoes, lewd comments, leering and whistling, or display of suggestive or pornographic material.

Personal Characteristics/Choices
Behaviour which condemns or ridicules based on personal attributes or lifestyle.

Sexual/Romantic Orientation
Behaviour which condemns or ridicules a person’s sexual attraction to other people, or lack thereof. Along with romantic orientation, this forms a person’s orientation identity.

Gender reassignment, gender identity and gender expression
Behaviour which condemns, ridicules, or excludes persons as a consequence of gender reassignment, their gender identity and gender expression.

This list is neither exclusive nor exhaustive.

Examples of sexual orientation and gender identity/expression-based bullying and harassment include:

• making homophobic, bi-phobic, trans-phobic insults and threats.
• making unnecessary and degrading references to an individual’s sexual/romantic orientation and gender identity/expression.
• engaging in banter or making jokes which are degrading to a person’s sexual orientation, perceived sexual/romantic orientation or gender identity/expression. outing an individual as LGBTQ+ without their permission.
• ignoring or excluding a colleague from activities because they are LGBTQ+.
• spreading rumours or gossip about an individual’s sexual orientation or gender expression/identity.
• asking an LGBTQ+ colleague intrusive questions about their private life.
• making assumptions and judgements about a colleague based on their sexual/romantic orientation or gender expression/identity.
• using religious belief to justify sexual/romantic orientation or gender identity/expression-based bullying and harassment.
• denial that bisexuality is a genuine sexual orientation, or of negative stereotypes about people who are bisexual (such as the beliefs that they are promiscuous or dishonest). Bi is an umbrella term used to describe an emotional, romantic and/or sexual orientation towards more than one gender.(Bi people may describe themselves using one or more of a wide variety of terms, including, but not limited to, bisexual, pan, bi-curious, queer, and other non-monosexual and non-mono romantic identities).

An LGBTQ+ employee who has been targeted because of their sexual/romantic orientation may be reluctant to inform a colleague or their manager if they are concerned about confidentiality, labelling or further victimisation. If an employee feels unable to report the incident to their manager in the first instance, they can contact a HR Business Partner or trade union representative in confidence.

In addition, from October 2010 the Equality Act stipulates that harassment also includes the following:

Harassment based on association. It is unlawful to discriminate against or harass any individual for association with another individual who has a protected characteristic (other than marriage and civil partnership, and pregnancy and maternity). For example, it would be harassment for an individual to tease repeatedly an individual because of an incorrect belief that that the recipient is deaf. Similarly, harassment could take place where an individual is bullied or harassed because of another person with whom the individual is connected or associated, for example their child is disabled, their partner is pregnant, or their friend is a devout Christian.

Harassment based on a perception. It is unlawful to discriminate against or harass any individual based on a perception that they have a particular protected characteristic (other than marriage and civil partnership, and pregnancy and maternity) when they do not, in fact, have the protected characteristic. If an employee is called names and made fun of because their colleagues believe that they are transgender, they may have a claim for perceptive harassment related to the protected characteristic of gender reassignment (we include gender identity and gender expression within this definition), even though they are not a trans person.

Bullying or harassing behaviours are not governed by position or authority. Clearly there are similarities between bullying and harassment, however, there is also a vital distinction, which is, that harassment has its roots in discrimination.