Introduction

MovePlus Mobility are committed to promoting a good and harmonious working environment in which every employee is treated with respect and dignity and in which no worker feels threatened or intimidated. The aim of this policy and the accompanying procedure is to prevent harassment, provide guidance to resolve any problems, and prevent recurrence. All employees must comply with this policy.

Harassment detracts from a productive working environment and can affect the health; confidence, morale and performance of those affected by it and have a direct impact on the profitability and economic efficiency of the organisation.

The Company will not condone or tolerate from any employee any actions or behaviour’s that constitute the bullying, harassment of victimisation of a colleague, customer or member of the public. Any allegation of bullying and/or harassment will be viewed seriously and each and every allegation will be fully investigated and may result in disciplinary action. Every employee is responsible for their own behaviour and actions and should be mindful at all times of the effect they may have on others. Harassment can be unlawful under the Sex Discrimination Act 1975, the Race Relations Act 1976, Disability Discrimination Act 1995 and the Employment Equality (Age) Regulations 2006

What is Bullying?

Bullying is any persistent behaviour, directed against an individual, which is intimidating, offensive, malicious or insulting and which undermines the confidence and self-esteem of the individual. The following list (which is by no means exhaustive) contains examples of bullying:

• Verbal or physical threats and intimidation Persistent negative comments
• Unjustified, persistent criticism
• Offensive or abusive personal comments Setting unattainable targets
• Constantly changing targets
• Withholding information to reduce the individuals effectiveness Not giving credit where it is due
• Claiming credit for someone else’s work Making false allegations
• Undervaluing work
• Removing responsibilities without justification Imposing unfair sanctions

What is Harrassment?

Harassment is any unwanted behaviour that a person finds intimidating, upsetting embarrassing, humiliating, offensive, hostile or degrading. It should be remembered at all times that it is not the intentions of the individual accused of harassment that is key, but whether the behaviour is acceptable by normal standards and how the complainant has been made to feel.
The following are examples of the grounds upon which harassment can occur:

• Sexual
• Race, ethnic origin, nationality and skin colour Age
• Disability
• Gender or sexual orientation Health
• Physical characteristics Aids/HIV
• Religion

Forms of behaviour that may constitute harassment could be:

• Physical contact including: unnecessary touching or brushing against another person’s body, coercion for sexual favours aggressive behaviour or assault
• Verbal contact including: ridiculing and demeaning behaviour, crude language, offensive, suggestive or abusive language, gossip or spreading rumours, innuendoes, lewd comments, pestering, sexual advances, offensive propositions or pressure for sexual activity and offensive jokes
• Non-verbal harassment including: posters, display or circulation of offensive or inflammatory material, offensive graffiti or personal comments, written communications such as offensive letter or emails, obscene gestures, spying, following or stalking
• Threatening or intimidating behaviour
• Deliberate exclusion of an individual for the purpose isolation or non-co-operation for the purpose of causing harm

Employees should be aware that behaviour or conduct which may be regarded as acceptable or tolerable by one individual may be regarded as unacceptable by another. When determining whether conduct can be viewed as bullying or harassment, all the circumstances of the case will be considered, including the perceptions of the recipient of the unwanted conduct.

All use of the Company’s computer and telecommunications systems must be in accordance with Company policy.

What is Victimisation?

Victimisation is when an individual is subject to unwanted and humiliating behaviour because he or she has made allegations of harassment or bullying or has acted as a witness in an investigation of complaint

Effects of Bullying

The effects of bullying, harassment and victimisation can be damaging to the victim of the harassment as well as others in the workplace and general morale. In particular, effect can be anxiety, stress, increased absence, poor performance, lack of motivation, loss of respect for colleagues or managers and resignation. As a result, the effectiveness and efficiency of the Company may be affected.

Treatment of Bullying

This policy aims to ensure the fair treatment of all employees and as such all forms of bullying, harassment an victimisation are prohibited and will be dealt with under the Company’s Disciplinary Procedure. In most cases, such conduct will amount to gross misconduct, resulting in disciplinary action up to and including dismissal.

Employees should be aware that bullying, harassment and victimisation on prohibited grounds are unlawful under employment law. The Company may be held liable for acts of unlawful harassment. In addition, intentional bullying, harassment or victimisation is a criminal offence whether carried out in the workplace or any other public or private place and conviction can lead to imprisonment or a fine.

The victimisation of any employee who makes a complaint of bullying or harassment will not be tolerated and will be regarded as a serious disciplinary offence.

The making of false or malicious complaints will also be regarded as a serious disciplinary offence.

Complaints Procedure

Employees who are victims of bullying, harassment or victimisation may be concerned about making a complaint or they may not believe that they will be taken seriously. Any employee who is suffering from any form of harassment is encouraged to raise their concerns in order to resolve the situation as quickly as possible.

Complaints should be made as soon as possible after an incident has occurred in order that an adequate investigation can be carried out.
The Company will investigate complaints seriously, objectively and promptly in order to ensure appropriate action is taken.

There are two possible routes to resolving complaints (see action below) and the employee should decide which is the most appropriate route to take in their individual circumstances. Where possible, situations should be dealt with informally to enable a quick resolution. Where an employee raises a complaint but subsequently decides not to pursue it the Company may be obliged to investigate the complaint further and take such action, as it deems appropriate under the terms of this policy.

This will apply in cases where the Company deems the complaint to be of a serious nature or one, which could put other employees at risk. Such decisions will be made on a case-by-case basis, according to the nature of the complaint.

Where an act of bullying, harassment or victimisation is brought to the attention of the Company by someone other than the actual victim of the behaviour, then in order to ensure that it provides a working environment free from such unacceptable behaviour, then the Company has a duty to investigate the incident and take such action as it deems appropriate under the terms of this policy.

Informal Action

This stage is appropriate where the employee simply wants the behaviour to stop, where the bullying and/or harassment are not serious or where it has not been repeated.

The following options can be considered:

In some cases, it is possible for the individual to resolve the situation informally by discussing the matter with the harasser and making it clear that their behaviour is unwanted and unacceptable and that it must not continue. This action may be particularly relevant where the harasser is unaware that their behaviour is unacceptable.

If an individual does not feel comfortable raising the issue with the harasser they could ask a colleague or supervisor / manager to raise it on their behalf with the alleged harasser in order to stop the unwanted behaviour.

Alternatively, the individual could raise the issue with their line manager, their line managers immediate manager where the line manager is involved in the bullying/harassment, or the HR department to discuss how the complaint could be resolved informally.

Employees should be aware that if a line manager or HR is informed of a complaint, which they deem to be of a serious nature, it may not be appropriate to resolve the complaint on an informal basis. The manager/HR will be obliged to investigate the complaint and to take appropriate action, which may include disciplinary action within the Company Disciplinary Procedure. All reported incidents of bullying and/or harassment will be monitored.

Formal Action

A formal complaint should be raised through the Company’s Grievance Procedure where; informal action has not been successful and the matter remains unresolved; the alleged bullying/harassment is deemed to be of a serious nature or one which could put other employees at risk; or where the individual requests to make a formal complaint.

Employees should contact their line manager or the HR department for details of the full grievance procedure.

Employees may raise a complaint with an appropriate member of management who will be responsible for carrying out a full investigation. If the complaint is serious, e.g. physical violence has occurred, or an individual has felt threatened by a situation, the alleged bully/harasser should be suspended, pending investigation. The HR department will be available for advice/assistance at this stage. Full notes of the investigation and any proceedings should be made and kept in a confidential file

As a minimum, the procedure will provide the following:

• The employee should put the complaint in writing, including the name/s of the alleged harasser/s, the nature of the harassment, dates and times of the harassment where possible, and the name of any witnesses
• An investigation will be carried out within a set timescale to ascertain the facts of the case and to allow both the complainant and the alleged harasser to state their case
• The investigation will be carried out by individuals who are independent of the complaint and who are specified as having the level of authority to carry out investigations
• Employees will be entitled to be accompanied at all meetings during the investigation
• The Company will take all practical steps to ensure that the complainant, the alleged harasser and any witnesses are protected from victimisation arising from the investigation. This may include temporarily transferring or suspending with pay any of the individuals involved until the case is resolved
• Where harassment has been proved following a full investigation, appropriate action will be taken in accordance with the Company’s Disciplinary Procedure. This may include transfer, demotion, verbal or written warning. Serious cases of harassment will be treated as gross misconduct, which may result in summary dismissal. In some cases, corrective action such as training and development may be appropriate
• The individuals involved will be entitled to appeal against a decision or penalty imposed

The manager dealing with the complaint should take the following steps:

• Ascertain what the employee wishes to do during the investigation i.e. Is the complainant happy to remain in the same job/department/place of work.
• Report the incident to the HR department
• Investigating the the complaint by interviewing the complainant, the alleged bully/harasser and any witness or witnesses. A full written report should be made of each.

If the allegation of harassment is well founded:

• A disciplinary meeting must be convened and disciplinary action should be taken against the bully/harasser, taking all circumstances into account i.e. the incident in question, its severity, length of time it has occurred, length of service of the bully/harasser, previous employment record of the bully/harasser and any extenuating circumstances pertaining to the bully/harasser (e.g. family problems, stress at work etc.)
• Disciplinary action should be taken at the appropriate level in the procedure. Severe cases of bullying and/or harassment will be dealt with as gross misconduct and will be subject to summary dismissal after a full investigation of the facts
• If both the complainant and the bully/harasser are to remain employed, then every effort should be made to change the department or place of work of one of the parties. In most cases this should be done to the satisfaction of the complainant i.e. if a move is not wanted, then it should be the bully/harasser who is moved
• The manager will meet with the complainant on a regular basis to
  offer support and to ensure that no further bullying, harassment and/or victimisation have occurred. This action will be undertaken even where a complaint has not been upheld
• The manager of the bully/harasser will be responsible for ensuring that they are made fully aware of the organisation’s policy on harassment and of the law relating to these matters

Confidentiality

In order to protect the complainant, the alleged harasser and any witnesses, all interviews and discussion will be treated in the strictest confidence and will not be disclosed to anyone other than the individuals conducting the investigation. As part of the investigation, it may be necessary to share information with those who are part of the investigation. In such situations, this will be clearly explained to the complainant

Employee’s Responsibilities

All employees have a responsibility to help ensure a working environment in which the dignity of employees is respected. Everyone must comply with this policy and employees should ensure that their behaviour towards colleagues and customers does not cause offence and could not in any way be considered to be bullying or harassment.

Employees should discourage bullying and harassment by making it clear that they find behaviour unacceptable and by supporting colleagues who suffer such treatment and are considering making a complaint. They should alert a manager or supervisor to any incident of harassment to enable the Company to deal with the matter.

Management Responsibilities

Directors, General Managers and Product/Department Heads will be responsible for implementation of this policy and communication to all employees within their own areas of responsibility.

Regular reviews of existing procedure, in order to maintain the effectiveness of this policy and carry out whatever modifications are judged necessary, must be carried out.

It is the responsibility of all appropriate management and supervisory personnel to take prompt corrective action when any breach of this policy is identified, noting that such action may include the implementation of formal disciplinary procedures.

Prevention of Bribery Guidelines

The Bribery Act 2010 came into force on 1st July, 2011. For the first time, a company is liable for any failures to prevent bribery which has been carried out on its behalf. This liability extends to any illegal acts by company employees and also to contractors, suppliers and agents acting on behalf of the company, in the UK or internationally.

In contrast with US foreign bribery law, the UK definition of bribery includes small bribes paid to facilitate routine government action – often called “facilitation payments”. Reasonable hospitality is not prohibited by the Act, but as noted below, this must be properly approved and recorded. It is a full defence for an organisation to prove that despite a particular case of bribery, it nevertheless had adequate procedures in place to prevent persons associated with it from bribing.

Procedures in place to prevent bribery

The Directors have an absolute commitment to the prevention of bribery. Any involvement in bribery is a serious disciplinary offence and will be reported to the police.

To minimise the risk of bribery being carried out unintentionally or by agents or other intermediaries purporting to act on the Company’s behalf, we have identified the most common “risk situations”. All employees are expected to be particularly vigilant in the following circumstances:

• When offering gifts or hospitality, or making charitable donations: these need the approval of senior management and clear disclosure in our accounting records;
• When receiving demands for facilitation payments, which may take the form of “inspection fees” (e.g. to facilitate the clearance of goods by import inspectors): be suspicious about requests for such fees and consult with your manager;
• When appointing a new agent or intermediary to act on behalf of the Company, particularly in locations where corruption levels are perceived to be high: all agents must be briefed on our bribery policies prior to undertaking any work on the company’s behalf;
• When involved in the pursuit or implementation of a new contract, again particularly in locations where corruption levels are high: discuss with your manager the legitimacy of any payment requests received from a local agent or prospective new customer.

If you are suspicious that bribery, in any form, may have taken place within the company or on our behalf, please report your suspicions to senior management. Any such report will be treated in absolute confidence. All managers are responsible for ensuring that induction procedures for new employees include reference to these policies on bribery, particularly where the employee will be working in areas such as sales, contracts and supplier relationships.

These guidelines will be reviewed not less than annually by the Board and updated as required.