Harassment and Bullying Policy
Overview
This policy applies to all employees, consultants, contractors, volunteers, job applicants, agency, and casual workers. You should read this policy in conjunction with our Equal Opportunities Policy and Grievance Policy.
We want to provide a working environment free from harassment, bullying and intimidation. This policy applies in the following contexts:
- Anywhere on our premises.
- Anywhere off our premises during work-related social events, business events or business trips.
- Online on our email, intranet, and internet systems.
Taking part in any of the following behaviour will lead to action under our Disciplinary Policy, and potentially dismissal for misconduct or gross misconduct:
- Harassing or bullying anyone else.
- Threatening anyone who raises a harassment or bullying complaint.
- Retaliating against anyone who raises a harassment or bullying complaint.
- Making allegations maliciously or in bad faith.
- Giving false or intentionally misleading information during any investigation.
We have a duty to protect all employees, workers, and job applicants. That means that if you change your mind after having raised a complaint of harassment or bullying (even where you complained informally or in confidence), we may choose to investigate anyway. We will always talk to you about that first and take your views into account.
If you complain about harassment or bullying, you should not be victimised as a result. If you believe that has happened to you, you must tell your manager as soon as possible.
If you are concerned about the way a colleague is being treated, the best approach may be for you to challenge the behaviour – but do not do so if you are anxious about your own safety. If you do not want to challenge the behaviour yourself, or you have tried doing so but it has not worked, you should speak to your line manager for further guidance.
What is harassment?
Under UK employment laws (e.g the UK equality Act 2010, harassment is where a person is subject to uninvited conduct that - as an intended or unintended consequence - violates their dignity, in connection with a protected characteristic, in this context the law provides specific protections and legal recourse. Our Equal Opportunities Policy defines ‘protected characteristic’. Harassment could be carried out by a colleague or by a third party such as a client or customer. However, harassment more broadly can refer to any persistent or unwelcome behaviour that creates a hostile, intimidating, or offensive environment, even if it’s not related to a protected characteristic.
We also define harassment more broadly as any behaviour – physical, verbal, non-verbal, or online - that violates the other person’s dignity; or creates an intimidating, hostile, humiliating, degrading, or similarly offensive environment. Examples include:
- Physical assault
- Unnecessary physical conduct
- Shouting, swearing, intimidating, threatening or throwing things
- Lewd comments, innuendo, mockery or name calling
- Belittling a person’s creative input
- Unfairly blaming others
- Spreading malicious rumours, or insulting someone by word or behaviour
- Excluding someone socially or professionally
- Making insensitive jokes
- Homophobic, racist or sexist comments, offensive gestures
Sexual harassment can happen to anybody regardless of gender or orientation. Sexual harassment occurs when someone is subjected to unwanted conduct of a sexual nature or when a person is treated less favourably because they have accepted or rejected unwanted conduct of a sexual nature. Examples of unwanted conduct of a sexual nature include, but are not limited to:
- Unwanted verbal, non-verbal or physical contact, standing too close or touching
- Tasteless or Sexual jokes, comments, or gestures including but not limited to any sent by email or other types of communication
- Displaying offensive materials, including pornographic or sexually suggestive material
- Compromising suggestions or invitations
- Repeated and unwelcome sexual advances
- Suggestive looks, leering, or intrusive questions about someone's sex life
- Requests for sexual favours, possibly linked to career progression
- Sexual assault
Harassment can range from blatant to subtle, and it’s important to be aware of potential examples within our industry. These may include, but are not limited to:
- Sexual assaults and groping
- The casting couch (the practice of soliciting sexual favours from a job applicant in exchange for employment in the entertainment industry)
- Unwelcome touching or other physical contact
- Comments about appearance and dress
- Greeting and customs in the industry (hugging, signing off with a kiss etc)
- Discussing sexual content during the creative process
We treat isolated and ongoing incidents of offensive behaviour with equal seriousness. When someone treats another person less favourably because they either submit to such behaviour or refuse to do so, we also see that as harassment.
The impact on the victim is very important. A person’s behaviour can amount to bullying or harassment even if they had no idea it would be perceived that way, and even if the person being harassed doesn’t complain or ask for it to stop. The conduct doesn’t have to be directed at the complainant to be considered harassment.
All our employees are required to complete mandatory training on tackling bullying and harassment to help them identify bullying and harassment.
What is bullying?
Bullying is any behaviour that leaves the victim feeling threatened, intimidated, humiliated, vulnerable or otherwise upset. It does not need to be connected to a protected characteristic.
As with harassment, physical, verbal, and non-verbal conduct can all amount to bullying. It can take various forms, from extreme behaviour involving violence and intimidation, through to subtle actions such as deliberate exclusion - ‘sending someone to Coventry’, for example. It can also take place online (cyberbullying).
Constructive and fair feedback about your behaviour or performance from your manager or colleagues is not bullying. It is part of normal employment and management routine, and should not be interpreted as anything different.
Third-Party Harassment
We want to create a workplace free of harassment. This objective extends beyond harassment by those working for us to harassment by third parties such as freelancers, cast and crew members, visitors, clients, or suppliers.
You are encouraged to report any third-party harassment you are a victim of or witness to in accordance with this Policy.
We will take active steps to prevent third-party harassment of staff. Action may include issuing notices to third parties informing them of the Company’s zero-tolerance approach to any form of harassment.
We will assess the risk of third-party harassment in the workplace and undertake to keep our risk assessment under regular review. We encourage you to come forward with any areas in which you believe our third-party harassment protection could be improved. Please let your line manager know.
If any third-party harassment of staff occurs, we will take steps to remedy any complaints with the aim of preventing it happening again. Action may include warning the harasser about their behaviour, a separation of parties involved, or asking someone to work from home while we handle a formal complaint, banning them from our premises/set or shooting location, reporting any criminal acts to the police and/or encouraging the staff member to report the incident to the police, and sharing information with other areas of the business and relevant third parties.
How we deal with harassment and bullying
Many issues can be resolved informally. Before you use this formal procedure, it's sometimes a good idea to speak with the person you feel is harassing or bullying you and explain that their behaviour is unwelcome, inappropriate, or it upsets you. Surprisingly often, people think of their behaviour as 'banter' and have no idea that it is upsetting or unacceptable.
Sometimes it is difficult to speak with the perpetrator directly. If that’s the case, you should talk to your manager informally and in confidence. If the issue is with your manager — or there’s another reason you would prefer not to discuss it with them — you should instead speak to another senior member of the team.
It’s not always possible to resolve issues informally. If you find yourself in that situation, you should follow our Grievance Policy or report the incident to:
- Your line manager or supervisor or,
- The Line Producer
- Bonafide Films Ltd. Head of Production (if the complaint is about your manager)
- The designated Welfare Officer on set
We encourage all individuals to report instances of any such nature as soon as the incident occurs. We will treat your complaint in confidence, as far as is possible, and if we find that you have been the victim of harassment or bullying, we will take steps to stop it continuing or recurring. If we think it necessary, we may separate you from the person you are complaining about while we investigate. If that involves moving you on a temporary basis,or even asking you to stay at home during the investigation, it is not a pre-judgment of your complaint. It is simply us trying to stop things getting worse during the investigation.
If we decide that your complaint is not upheld, we will explain why. Either way, we will look at ways of addressing your relationship with the person you accused. We may, for example, change your work pattern or theirs, or suggest counselling or mediation.
All complaints will be taken seriously and handled confidentially, with respect for all parties involved.
Here are some numbers and/or websites that might be able to help and support you if you have concerns about or have been a victim of harassment.
Protecting confidentiality
Harassment and bullying allegations can raise strong feelings and are always serious. This is why both we and the person making the allegation have an obligation to maintain confidentiality as far as possible. This applies at every stage, including the investigation and the outcome.
If you make a harassment or bullying complaint and don’t maintain proper confidentiality at any time during the process, or you are interviewed in connection with someone else's complaint and likewise fail to maintain confidentiality, you may face action under our disciplinary procedure. This could lead to dismissal for misconduct or even gross misconduct.
Sometimes, we may decide it is inappropriate to discuss the outcome of an investigation with you. We recognise that will leave you feeling dissatisfied, and would only do so if there was a good reason not to keep you informed.
| Whistleblowing Officer | Joanne Crowther Head of Production jo@bonafide.co.uk 07989 740 651 |
| Managing Director | Margery Bone 07970 950 579 |
| Acas (Advisory, Conciliation and Arbitration Service) | Helpline: 0300 123 1100 Textphone: 18001 0300 123 1100 Monday to Friday, 8am to 6pm Website: Gov.uk |
| Public Concern at Work (Independent whistleblowing charity) | Helpline: (020) 7404 6609 E-mail: whistle@pcaw.co.uk Website: www.pcaw.co.uk |
| The Film and TV charity The Film and TV charity provides information and a free support line. | Helpline: 0800 054 0000 Website: https://filmtvcharity.org.uk |
Useful Links
BFI Principles A set of principles to tackle and prevent bullying and harassment in the screen industries.
BFI Guidance A practical workplace guide for the prevention of bullying and harassment in the screen industries.
Channel 4 - Support Organisations A list of organisations who can be contacted for support regarding bullying, harassment and internet safety, compiled by Channel 4.
Directors UK Bullying and Harassment Handbook A handbook for screen directors which contains useful information about behaviours and their legal status, as well as Directors UK's own code of conduct.