Behavioural Standards Guidance (Revised core values) - October 2024
In this section
- 1. Introduction
- 2. Scope
- 3. Confidentiality
- 4. Roles and responsibilities
- 5. Acceptable behaviour
- 6. Unacceptable behaviour
- 7. Defining discrimination (direct or indirect), victimisation, bullying, sexual harassment and harassment
- 8. Cyber bullying
- 9. Determining whether unacceptable behaviour is taking place.
- 10. Capability, conduct and positive management
- 11. Learning and Development
- 12. Resolving concerns relating to unacceptable behaviour
- 13. Formal action
- 14. Third party harassment
- 15. Malicious complaints
- 16. Ensuring equality of opportunity
- Appendix 1 - Definitions
- Appendix 2 - Managing Performance
- Appendix 3 - Informal Ways of Resolving Conflict
- Appendix 4 - Managing Conflict
- Appendix 5 - Standards of behaviour key contacts
6. Unacceptable behaviour
Unacceptable behaviour means any action instigated by an individual that can be described as discrimination, victimisation, sexual harassment, harassment related to a protected characteristic or bullying. It is costly, counterproductive and can have a devastating effect on those involved.
Employment legislation prohibits sexual harassment which occurs when a worker is subjected to unwanted conduct as defined in Section 7 below and which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.
Employment legislation also prohibits harassment that is related to a relevant protected characteristic, i.e. race (which includes colour, nationality, ethnicity or national origins); disability; religion, belief or non-belief; age; sex; gender reassignment (whilst not legislative under the Equality Act we recognise gender identity and gender expression within this definition); sexual/romantic orientation; pregnancy or maternity; marital status or civil partnership; Welsh language (whilst not legislative under the Equality Act we recognise pregnancy or maternity, marital status or civil partnership and Welsh Language within this definition) or that of another person even when not directed at them, e.g. a colleague witnessing or observing unwanted conduct against another colleague can make a claim of harassment, regardless of protected characteristic, where they are affected by the conduct.
Under the Protection from Harassment Act of 1997 harassing someone can be a criminal offence and/or can lead to civil action by the individual subject to the harassment.
It may not be so clear in advance that some other forms of behaviour would be unwelcome or could offend a person, e.g., certain “banter”, flirting, asking someone for a private drink after work or behaviour because of a particular mental health condition or learning disability. In these cases, first time conduct which unintentionally causes offence will not be deemed as harassment but will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to them.