Appendix 1 - Definitions and examples

While there is no legal definition of bullying, it is defined by ACAS 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.

It might:

• 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.

Some examples of bullying include (but are not limited to):

• using abusive language
• unreasonably removing areas of responsibility
• continually ignoring or excluding an individual
• deliberately undermining someone through overload and constant criticism
• picking on one person when there is a common problem
• publishing or defacing material/graffiti that is offensive about an individual or groups
• frightening someone with physical or other threats
• shouting at or humiliating an individual in front of colleagues, or in private
• preventing individual achievement by intentionally blocking training or development opportunities.

It can still be bullying even if the potential respondent does not realise it or does not intend to bully someone.

The Protection from Harassment Act 1997 indicates that someone’s actions amount to harassment when they make the victim feel distressed, humiliated, threatened or fearful of further violence. The main goal of harassment is to persuade victims either not to do something that they are entitled or required to do or to do something that they are not obliged to do. Actions listed under the Protection from Harassment Act include, but are not limited to:

• phone calls
• letters
• emails
• visits
• stalking
• verbal abuse of any kind, including on social media
• threats
• damage to property
• bodily harm.

Such actions amount to harassment when they occur more than once, though under this policy, a single incident, if sufficiently serious, could constitute inappropriate behaviour.

Harassment is a form of unlawful discrimination under the Equality Act 2010. This means that people are legally protected from harassment in certain places, including at work.

In discrimination law there are three types of harassment:

• harassment related to certain 'protected characteristics'
• sexual harassment (see definition below)
• less favourable treatment as a result of harassment

Harassment related to a protected characteristic is defined as unwanted behaviour or conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment because of, or connected to, one or more of the following protected characteristics: age; disability; gender reassignment; race; religion or belief; sex; and sexual orientation. References to harassing a person include alarming the person or causing the person distress.

Employees need not possess the protected characteristic themselves but may be subjected to unacceptable behaviour because they are wrongly perceived to have a protected characteristic, or because of their association with an individual who has a protected characteristic. In addition, employees have the right to complain of behaviour that they find offensive even if it is not directed at them.

Inappropriate conduct covers a wide range of behaviour. It may include but is not limited to:

• spoken words
• banter
• written words
• posts or contact on social media
• imagery
• graffiti
• physical gestures
• facial expressions
• mimicry
• jokes or pranks
• acts affecting a person’s surroundings
• aggression, and
• physical behaviour towards a person or their property.

Examples of behaviour that may constitute harassment in the workplace related to the protected characteristics under the Equality Act 2010.

Age: Banter and jokes that can cause offence regarding an individual’s age and/or ignoring a person or undermining their views because they are younger or older than other employees.

Disability: Using insulting terminology when referring to a disabled colleague based on their learning difficulty, learning disability, mental health, physical disability, or sensory impairment such as hearing or sight loss.

Gender reassignment (including gender identity): Derogatory remarks/gestures linked to an individual who has or perceived to have undergone a gender reassignment. Deliberately ‘outing’ an individual will also be considered as harassment.

Race: Physical attack and/or verbal abuse due to an individual’s nationality, ethnicity, caste or cultural background; racial threats and insults and derogatory name-calling.

Religion: Derogatory remarks about religious beliefs or religious practice and/or exclusion from normal workplace interactions or social events due to the individual’s religion or perceived religion.

Sexual orientation: Calling someone a name based on their sexual orientation or perceived sexuality, such as bisexual, gay or lesbian and/or deliberately behaving in an effeminate manner in the presence of someone who is gay.

Sex: Making derogatory sexist remarks and gestures or provocative suggestions and/or persisting with sexual advances after it has been made clear that such approaches are unwelcome. Displaying sexually graphic pictures, posters or photos as well as suggestive or pornographic material.

This list is not exhaustive; however, the behaviours are indicative of those that would be considered inappropriate conduct by the College.

Some conduct can constitute inappropriate behaviour even where the potential respondent did not intend the behaviour to be offensive.

Sexual misconduct under this policy is unwanted or attempted unwanted conduct of a sexual nature. This includes but is not limited to sexual harassment, sexual assault, and rape.

Sexual harassment does not need to be related to a protected characteristic. It can happen to men, women and people of any sexual orientation. It can be carried out by anyone of the same sex, another sex or anyone of any sexual orientation.

To be sexual harassment, the unwanted behaviour must be sexual in nature, though it need not be sexually motivated, and have either violated someone's dignity and/or created an intimidating, hostile, degrading, humiliating or offensive environment for them. It can be sexual harassment if the behaviour has one of these effects even if it was not intended, or if it was intended to have one of these effects even if it did not have that effect.

Examples of behaviours that can amount to sexual harassment can include, but are not limited to:

• sexual comments or noises - for example, catcalling or wolf-whistling
• sexual gestures
• leering, staring or suggestive looks. This can include looking someone up and down
• sexual ‘jokes’
• sexual innuendos or suggestive comments
• unwanted sexual advances or flirting
• sexual requests or asking for sexual favours
• sending emails or texts with sexual content
• sexual posts or contact on social media
• intrusive questions or comments about a person’s private or sex life
• someone discussing their own sex life
• spreading sexual rumours
• displaying or sharing sexual images or other content of a sexual nature
• unwanted physical contact of a sexual nature
• stalking
• indecent exposure
• taking a photo or video under another person's clothing – what is known as 'upskirting'
• making sexual remarks about someone's body, clothing or appearance
• sexual assault or rape

Sexual harassment can be a one-off incident or an ongoing pattern of behaviour. It can happen in person or online, for example in meetings, email, social media or messaging tools.

Sexual harassment is usually directed at an individual, but it's not always the case. Sometimes there can be a culture of behaviour that's not specifically aimed at one person - such as sharing sexual images. Someone could still make a complaint of sexual harassment in this situation.

Sexual harassment is a form of unlawful discrimination under the Equality Act 2010. This means that people are legally protected from sexual harassment in certain places, including at work.

Some forms of sexual harassment are criminal offences. These include:

• stalking
• indecent exposure
• ‘upskirting’
• any sexual harassment involving physical contact (this amounts to sexual assault in law)

Other forms of sexual harassment might also break criminal law, depending on the situation. For example, if someone carries out sexual harassment behaviours on more than one occasion that are intended to cause another person alarm or distress, they may be committing the crime of harassment.

Harassment also occurs when a worker is treated less favourably because they submitted to or rejected the unwanted conduct.

Victimisation occurs when someone is subjected to a detriment because they have, in good faith, made or supported an allegation of discrimination or harassment, because an individual thinks that they may do so. For example, denying someone the opportunity to participate in a work-related activity/opportunity because they are perceived to be a ‘troublemaker’.

Victimisation or retaliation as a result of allegations of inappropriate behaviour will not be tolerated and may lead to disciplinary action.

Bullying and harassment can manifest themselves in many forms and will not always be physical or verbal. They may occur through written communications, visual images (e.g. pictures of a sexual nature or embarrassing photographs of colleagues), email, phone and social networking websites. When constructing written communications to others, employees must always consider the content, language and appropriateness of such communications. If instances of what might be online harassment or bullying are reported, they will be dealt with in the same way as if they had taken place in a face-to-face setting.

Birkbeck’s Social Media Principles are clear that staff must not breach the requirements of the Dignity at Work and Study policies in their use of social media, whilst the Free Speech Policy states that ‘the College will act swiftly to challenge discrimination, harassment and bullying in all its manifestations’.

Unlawful discrimination occurs when an individual or a group of people are treated less favourably than others based on a relevant protected characteristic under the Equality Act 2010. Discrimination can be direct or indirect.

Direct discrimination takes place when someone is treated worse than another person because:

• they have a protected characteristic
• someone thinks they have that protected characteristic (known as discrimination by perception)
• They are connected to someone with that protected characteristic (known as discrimination by association).

Indirect discrimination can occur when the College has a policy or practice that applies to everyone but particularly disadvantages people who share a protected characteristic. Certain forms of bullying or harassment at work will amount to unlawful discrimination. Specifically, it is unlawful if it relates to age, disability, gender reassignment, race (cultural background, ethnicity or nationality), religion or belief (including non-belief), sex (including paternity and maternity) and sexual orientation (including civil partnership).