BULLYING POLICY AND GUIDELINES POLICY AND LEGAL DEFINITIONS
Policy and Legal Definitions
1. Bullying, harassment and unlawful discrimination (BHD) is never justifiable or acceptable in the Army. Those found guilty of unacceptable behaviour will be subject to administrative or disciplinary action in accordance with AGAI Vol 2 Ch 67 , the JSP 830 - Manual of Service Law and The Queen’s Regulations for the Army 1975 . Commanding Officers are entitled to initiate such action where there is evidence of wrongdoing, irrespective of whether a formal or informal complaint is made. Bullying covers unacceptable behaviour against an individual or group whether they are protected by the equality act (Race, Religion, belief or non-belief, Sex, Age, Disability, Sexual Orientation, Gender reassignment, Marriage & Civil Partnership, Pregnancy & Maternity), or not. For example, gender identity and gender expression, having red hair, speaking with an accent, having a different cap badge or being injured are not protected characteristics but can still be the basis for bullying for which the Army has zero tolerance.
Description and Examples of Harassment
a. Bullying. Bullying has no legal definition but can be described in general terms as - “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’. The perception of bullying can differ from person to person”.
b. Harassment. Harassment is defined as being unwanted conduct related to a protected characteristic which has the purpose or effect of violating the recipient’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for the recipient.
c. Protected Characteristics. All personnel must recognise that a number of personal characteristics are protected by law under the Equality Act 2010. It is noteworthy that all personnel have at least five of the protected characteristics listed below:
(1) Race.
(2) Religion or belief (including no belief).
(3) Sex.
(4) Age.
(5) Disability.
(6) Sexual Orientation.
(7) Gender Reassignment.
(8) Marriage & Civil Partnership.
(9) Pregnancy & Maternity.
d. Discrimination. In simple terms, unlawful discrimination occurs where, because of a protected characteristic:
(1) A person is treated less favourably then someone else (direct discrimination).
(2) A working condition or rule disadvantages one group of people more than another and that working condition or rule cannot be shown to be a proportionate means of achieving a legitimate aim (indirect discrimination).
2. BHD must not be confused with the requirement and authority of the Chain of Command to issue legitimate orders and provide military discipline where appropriate. The difference between the two is something that a leader might need to explain to those under their command.
Combating Bullying, Harassment and Discrimination
3. Commanders and line managers at all levels, (Civil Servants Officers, Warrant Officers and all Non-Commissioned Officers) have a responsibility to ensure the protection of their subordinates from BHD. Any abuse of, or disregard to this responsibility amounts to neglect.
4. All personnel are to be made aware of help that is available if they believe they are being subjected to bullying, harassment or discrimination or any other unacceptable behaviours. The range of help, advice and guidance includes the following:
a. As a first step, personnel should speak to their immediate line manager or higher commander. If approaching the immediate Chain of Command is difficult or unsuitable, help can be sought in confidence from several other sources:
b. The unit Diversity and Inclusion Adviser (D&I(A)) or Practitioner (D&I(P)).
c. The unit Welfare Officer (UWO).
d. The unit Padre or relevant World Faith Chaplain (Buddhist, Hindu, Jewish, Muslim and Sikh).
e. Speak Out, the Army’s confidential BHD Helpline, Tel: 0306 770 4656 or 96770 4656, Email: Army-Speakout@mod.gov.uk, Mon-Fri 0830-1700.
f. The Army Mediation Service, Tel: 0306 770 7691 or 96770 7691, Email: Army-Mediation-0Mailbox@mod.gov.uk .
5. All personnel are entitled to consult the Service Complaints Ombudsman (SCO) directly if they believe that their complaint has not been handled correctly, or they feel unable to complain through their own unit:
a. Telephone: 020 7877 3450
b. Email: contact@scoaf.org.uk
c. Website: https://www.scoaf.org.uk/
d. Twitter: @SCOAF_UK
6. Where an individual wishes to make either a formal or informal complaint, advice on the complaints procedure is available from those listed above and detailed guidance is contained in JSP 831 - Redress of Individual Grievances: Service Complaints and JSP 763 - The MOD Bullying and Harassment Complaints Procedures. It is important to note that formal complaints must be submitted within 3 months of the last occasion when any alleged unacceptable behaviour took place.
7. It is recognised that personnel will sometimes be treated differently to others either to account for specific needs of an individual (or group) or due to the needs of the Army. Treating people differently is perfectly acceptable if individuals are treated fairly and dealt with in a manner that is lawful and can be objectively justified.
8. Fostering an aggressive spirit in soldiers is necessary to train them for operations and war. Soldiers must be self-reliant and robust, mentally and physically, and be capable of resisting pressure if they are to prevail in battle. Controlled aggression, self-sufficiency and strong leadership are very different to the use of intimidation or violence which characterise bullying. The difference between the two is clear:
a. Positive encouragement in training develops individuals and groups and raises morale.
b. Bullying is destructive to individual self-esteem and undermines unit morale and confidence in the Chain of Command. The effect of bullying on team cohesion and operational effectiveness is always destructive.
Description and Examples of Bullying
9. Bullying can exist between peers, be directed downwards to subordinates and upwards to seniors. Any abuse or misuse of power intended to undermine, humiliate, denigrate or injure the recipient is of concern and most damaging to the Army’s reputation. Initiation ceremonies come under the category of bullying and are not permitted. OFFICIAL OFFICIAL Page 7 of 13
10. Bullies may attempt to make excuses for unacceptable behaviour and bullying, referring to incidents in terms such as; a personality clash, a strong or robust leadership style, an attitude problem or an autocratic management style. However, bullying can generally be recognised where the treatment of others cannot be objectively justified and by its effect which is always negative.
11. Bullying may be sustained over time or may be a single act of intimidation. It can never be justified by claims that the result of the bullying behaviour was improved performance by an individual or a unit. Such claims might even be believed by those behaving unacceptably towards others, but the reality is that motivation, mutual trust and respect are diminished and ultimately replaced by fear.
12. Examples of unacceptable behaviour include:
a. The use of personal insults or labelling of individuals or groups with nicknames designed to undermine, humiliate or denigrate others.
b. Unfair work allocation or exclusion from certain types of work.
c. Unfair pressure about the speed and quality of work, for example, the use of double standards to ensure failure.
d. Over-supervision and persistent criticism especially in front of subordinates.
e. Blocking applications for leave or training without good reason.
f. Use of physical force.
g. Initiation ceremonies.
13. Harassment may affect an individual's ability to perform their duties and, consequently, affect the performance, efficiency and safety of others. Harassment may take the form of persistent unwanted attention which continues after the recipient makes clear that he/she wants it to stop. However, a single incident can also constitute harassment, if sufficiently serious.
14. Examples of unacceptable conduct amounting to harassment include:
a. Unwelcome sexual or other attention in the form of physical or verbal conduct.
b. Subjecting an individual to insults or ridicule because of a Protected Characteristic or other characteristic.
c. Suggestions that sexual favours may further an individual's career or that refusal may hinder it.
d. Unfair work allocation or exclusion from certain types of work based on stereotypes related to a Protected Characteristic.
e. Other behaviour of a consistent and offensive nature involving physical conduct such as touching, patting, pinching or brushing against another's body.
f. Circulating or displaying sexually explicit material where it is intended, or has the effect of causing offence to others, is likely to constitute sexual harassment.
g. Direct or indirect exposure to language or action of a suggestive or sexual nature.
h. The inclusion of stories or jokes and illustrative material in formal presentations or lectures that may cause offence in relation to a Protected Characteristic.
i. Comments such as ‘there is no place for women/gays in the Army’ are classed as harassment.
j. Excluding an individual from conversation or social occasions because of a Protected Characteristic.
k. The use of unacceptable language, e.g. the casual use of racist, sexist, or derogatory homophobic, biphobic or transphobic terms, even if not directed at an individual, examples of this include use of words like “tranny”, “freak”, “bender”, etc.
15. It should be noted that a claim that offence was not intended, is not a defence to a claim of harassment. The fact that other officers or soldiers have not objected to behaviour that the complainant finds offensive or objectionable is also not a defence. In addition, a person need not have one of the Protected Characteristics themselves in order to be offended or raise a claim of harassment.
16. Victimisation. Victimisation generally means treating a person worse than others because they have made a complaint or allegation about something or somebody. Victimisation is unlawful and considered to be a very serious matter. Those found guilty of victimisation are likely to receive significant sanction either through administrative action or formal disciplinary action.
17. False Allegations. False or malicious allegations of BHD or unacceptable behaviour is serious personal misconduct and offenders may be subject to administrative action or formal disciplinary action.
