All3Media is committed to upholding the principle of equal opportunities and we oppose all forms of discrimination. Harassment is one form of unlawful discrimination which can have a detrimental effect upon health, confidence, morale and performance at work. We are committed to providing a working environment that is free from bullying and harassment. We want everybody who works for the Group in whatever capacity to be treated, and to treat others with dignity and respect.
This policy should be read in conjunction with the Equal Opportunities Policy and the Diversity and Inclusion Policy and the Prevention of Sexual Harassment Policy.
This policy covers bullying and harassment which occurs at work and out of the workplace, such as on business trips or at work-related events or social functions. It covers bullying, harassment, sexual harassment and inappropriate behaviour by staff of any level (which may include employees, officers, consultants, contractors, freelancers, casual workers, apprentices and agency workers) and also by third parties such as customers, suppliers or visitors to our premises. We have a separate policy that specifically deals with sexual harassment (please see our Prevention of Sexual Harassment Policy).
This policy covers and protects everyone working for the Group whatever their contract type including all employees, officers, consultants, contractors, freelancers, casual workers, apprentices and agency workers.
Everybody working in any capacity for the All3Media Group has a specific responsibility to operate within the boundaries of this policy. Everybody has a personal responsibility to ensure that their own behaviour and treatment of others is dignified and respectful at all times. Individuals are encouraged to speak out in the event that they experience any form of inappropriate behaviour or witness unacceptable behaviour in others in order to support efforts in tackling and preventing bullying, harassment and sexual harassment in whatever form it may take. Mangers must ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below its requirements.
Staff should disclose any instances of harassment or inappropriate behaviour of which they become aware to their Manager, their Company HR representative or to All3Media Group HR.
Where individuals feel unable to raise their concerns with anybody within their Company or at All3Media, the Group has a free bullying and harassment complaints helpline, which is run independently by an organisation called Tell Jane (see contact details at the end of the policy). To stress, this is a separate service and external of the All3Media Group. Callers to the Tell Jane helpline will be given help and support in raising their concerns about harassment, sexual harassment and bullying with their employer. Tell Jane will send a short summary of the call to All3Media Group HR (on a named or anonymous basis as per the caller’s wishes) so that the Company can take appropriate steps to seek to resolve the matter.
Where an individual has concerns that they believe may amount to whistleblowing, (which may include allegations of sexual harassment) please refer to the Whistleblowing Policy. The All3Media Group has a separate whistleblowing support line, run by Protect, an independent whistleblowing charity. Calls to Protect will be kept entirely confidential and will not be disclosed by Protect to All3Media.
Full contact details of the Tell Jane (for harassment and bullying) and Protect (for whistleblowing) helplines are included in the Support section below.
Questions about this policy or information on dealing with harassment should be directed to HR. Non-urgent queries should be sent to hradmin@limepictures.com whereas urgent queries should be sent directly to the Head of HR rfrodsham@limepictures.com
Staff are invited to comment on this policy and suggest ways in which it might be improved by contacting hradmin@limepictures.com
This policy will be regularly reviewed by the Company and the Company will take steps to monitor its effectiveness.
Requests for training and training information in respect of bullying and harassment should be sent to hradmin@limepictures.com
Harassment is any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Unwanted means essentially the same as “unwelcome” or “uninvited”. Unwanted means “unwanted by the individual” and should be considered from the individual’s subjective point of view. It is not necessary for an individual to say that they object to conduct for it to be unwanted.
A single incident can amount to harassment. Conduct can amount to harassment even if this is not what was intended, or they were not the intended target. It is irrelevant that the harassment was intentional or whether the individual that suffers the harassment has the characteristic that is the reason for the harassment. For example, a person may be harassed by racist jokes about a different ethnic group if the jokes create an offensive environment.
Unlawful harassment is harassment related to a relevant Protected Characteristic, as defined in the legislation and our Equal Opportunities Policy. Unlawful harassment may also involve conduct of a sexual nature (for full details of what amounts to sexual harassment – please see below our Prevention of Sexual Harassment Policy). However, harassment is unacceptable even if it does not fall within any of these specific categories.
Examples of harassment may include (but is not limited to) the following:
Please see our Prevention of Sexual Harassment Policy for further information on sexual harassment
Third-party harassment occurs where a person is harassed by someone who does not work for, and who is not an agent of, the same employer, but with whom they have come into contact during the course of their employment.
Examples of third-party harassment could include, for example, derogatory comments about a person’s age, disability, colour or sexual orientation by a client, customer or supplier visiting our premises, or where a person is visiting a client, customer or supplier’s premises or other location in the course of their employment.
Victimisation occurs whenever an individual is subjected to a detriment because they have done or are going to do a protected act, as defined by the legislation, even if they don’t actually do it.
Examples of a protected act are making a complaint of harassment helping someone else to make a claim by giving evidence or giving information relating to a claim or making an allegation that someone has breached the discrimination legislation.
Examples of victimisation may include excluding someone because they have raised a grievance about harassment, or failing to promote someone because they accompanied another member of staff to a grievance meeting.
It will not be a protected act where the individual gives false evidence or information or makes a false allegation in bad faith.
Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, threaten, upset, denigrate or injure the recipient, or make them feel vulnerable. Power does not always mean being in a position of authority but can include both personal strength and the power to coerce through fear or intimidation. Bullying can take the form of physical, verbal and non-verbal conduct and includes (but is not limited to) the following:
Please note that legitimate, reasonable and constructive criticism of a worker’s performance or behaviour or reasonable instructions given to workers in the course of their employment/engagement will not amount to bullying on their own.
However, anyone in a position of management/authority over others must be reminded and be mindful of how their actions and tone can influence junior members of their team. For example, brusque comments and mannerisms from an Executive Producer to a Runner, that the Exec feels are harmless, may have a significant and long-lasting psychological impact on the Runner.
Communicating in this manner on an ongoing basis by the Exec could amount to bullying.
Any form of harassment, victimisation and bullying will not be tolerated. The company takes the safety and dignity of everyone at work extremely seriously.
If you are guilty of any form of harassment, sexual harassment (including less favourable treatment for rejecting or submitting to unwanted conduct), victimisation or bullying it will be treated as a disciplinary matter and it may constitute gross misconduct, justifying summary dismissal without notice or payment in lieu of notice.
This includes any form of harassment, sexual harassment, victimisation or bullying that you commit:
Aggravating factors such as abuse of power over a more junior colleague will be taken into account in deciding what disciplinary action to take and in most cases, will be treated as gross misconduct justifying summary dismissal without notice or payment in lieu of notice or in the case of individuals who are not employees, termination of engagement forthwith.
Harassment, sexual harassment (including less favourable treatment for rejecting or submitting to unwanted conduct), and bullying do not have to be based on Protected Characteristic to be taken seriously by the Group. Any behaviour of this type, whatever the grounds, is totally unacceptable and will be dealt with appropriately.
If you witness bullying, harassment or sexual harassment, then you are encouraged to take steps to address it. This may include:
Witnesses will not be subjected to any detriment for providing information regarding an allegation of harassment, sexual harassment and acts of unlawful victimisation will not be tolerated.
What to do if you think you are being harassed, and/or suffering acts of victimisation etc.
Please note that there is a separate procedure in place for complaints of sexual harassment which is set out in our Prevention of Sexual Harassment Policy.
It is entirely in order for a recipient of unwanted conduct amounting to harassment, and/or bullying to try to resolve the problem informally, by clearly explaining to the individual concerned that the behaviour is not welcome, that it offends or makes the recipient uncomfortable and that it interferes with their work. You are not under any pressure to do so, but you may feel that you are able to.
If you are not certain whether an incident or series of incidents amounts to bullying or harassment, you should initially contact your manager (or if your manager is the person accused of the behaviour complained of, their manager) informally for confidential advice. You should also consult with HR at all stages.
Where you find it too difficult or embarrassing to take up the matter yourself, you should speak to your manager (or if your manager is the person accused of the behaviour complained of, their manager) or you can speak to your Company HR representative or to the All3Media The Group People Team Department; who can provide confidential advice and assistance in resolving the issue formally or informally.
If you do not feel comfortable speaking to anyone within the Company or All3Media you can call the Group’s free harassment and bullying support helpline. The helpline is run by an independent organisation called Tell Jane and provides callers with help and guidance in dealing with harassment, sexual harassment and bullying concerns. Full contact details are included in the Support section below.
If you raise the matter with your manager (or if your manager is the one responsible for the behaviour complained of, their manager) or your Company HR representative or the All3Media The Group People Team Department, they will listen to you and work out how best to resolve the issue and in a way which you are most comfortable with, having considered all of the options. This may include an informal solution such as:
Please note the Company will:
Where the situation does not improve, take the necessary steps to address the issue.
As a general principle, the decision whether to progress a complaint is up to you. However, the Company has a duty to protect all staff and may pursue the matter independently if, in all the circumstances, the Company consider it appropriate to do so.
If informal steps are not appropriate due to the nature of the incident or severity or in any other case where it is inappropriate or have been unsuccessful employees should make a formal complaint under our Grievance procedure as set out in 6.6 below.
Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.
Where the Company decides that it must take formal action, then we will explain that to you and ensure that it puts appropriate safeguards in place to prevent further harassment, or bullying, as well as support for you.
Investigations will be carried out in a timely and confidential manner, with sensitivity and due respect for the rights of both the complainant and the person accused. Individuals not involved in the complaint, or the investigation should not be told about it (save where there is a need to take legal advice, as required by law or where there is a requirement to report the matter to a regulator). You may be invited to a meeting so that you can give your account of events.
It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. All those interviewed will be permitted to be accompanied by a colleague or Trade Union Official and the importance of confidentiality will be stressed to all those interviewed. Breach of confidentiality may give rise to disciplinary action.
The investigation will be conducted by someone with appropriate experience and no prior involvement in the complaint where possible. Notes will be kept of all stages of the investigation and where appropriate those interviewed will receive notes of the interview.
Consideration will be given to managing the ongoing relationship between the complainant and the person accused during the investigation and where possible, will ensure that the complainant and the person accused are not required to work together whilst the complaint is under investigation. This may mean changes to your duties or working hours to avoid or minimise contact with the person accused. It may be appropriate to suspend the person accused during the investigation.
The investigator will meet with the person accused to hear their account of events. They have a right to be told the details of the allegations against them, so that they can respond.
If your complaint is about someone other than an employee, such as a customer, supplier or visitor, we will consider what action may be appropriate to protect you and anyone else involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate, we will discuss the matter with the third party.
We will also seriously consider any request that you make for changes to your own working arrangements during the investigation. For example, you may ask for changes to your duties or working hours to avoid or minimise contact with the perpetrator.
Once the investigation is complete, the Company will inform you of their decision.
If the Company considers that bullying or harassment has occurred, prompt action will be taken to address it. Where the perpetrator is an employee, the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure or in the case of individuals who are not employees, your engagement may be terminated forthwith. Other cases may warrant a warning or other appropriate action. In certain situations, it may be appropriate to relocate or transfer one of the parties concerned, in which case every effort will be made to relocate the perpetrator and not the recipient.
If the perpetrator is a third party such as a customer or other visitor, we will consider what action would be appropriate to deal with the problem. Whether or not your complaint is upheld, we will consider how best to manage any ongoing working relationship between you and the person concerned.
Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the person concerned. It may be appropriate to arrange some form of mediation and/or counselling, or to change the duties, working location or reporting lines of one or both parties.
Any staff member who deliberately provides false information or otherwise acts in bad faith as part of an investigation may be subject to action under our Disciplinary Procedure or in the case of individuals who are not employees, your engagement may be terminated forthwith. You will not be subjected to disciplinary action or to any other detriment simply because your complaint is not upheld. You will only face disciplinary action if it is found both that your allegation was false and made in bad faith.
It will be necessary for us to communicate the outcome of any the complaint of bullying, harassment or sexual harassment to the complainant. In this event, we may need to disclose the outcome of disciplinary action taken against the person accused in order for that individual to be confident that appropriate action has been taken. We will need to balance our need to disclose the outcome to the complainant against our obligations for data privacy under the General Data Protection Regulation.
If employees are not satisfied with the outcome, you can appeal in accordance with the right of appeal set out in the Company’s Grievance Procedure.
Staff who make complaints or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under our Disciplinary Procedure or in the case of individuals who are not employees, your engagement may be terminated forthwith.
If you believe you have suffered any such treatment you should inform your manager or your Company HR representative or All3Media Group HR. If the matter is not remedied, employees should raise it formally using our Grievance procedure.
Anti-Harassment and Bullying Support Helpline
The All3Media Anti-Harassment and Bullying support helpline is run by an independent organisation; Tell Jane.
The helpline will be open between 9am and 5pm, Monday to Friday, excluding Bank Holidays.
Whistleblowing Helpline
The All3Media Whistleblowing helpline is run by an independent charity called Protect and provides free, confidential whistleblowing advice.
The helpline will be open Mondays, Tuesdays, Thursdays: 9:30am -1pm and 2pm – 5:30pm; Wednesdays and Fridays: 9:30am -1pm, excluding Bank Holidays.
Telus Health Assistance Programme
The Company provides an Assistance Programme with TelusHealth which is available to everybody working for the All3Media Group regardless of the type of contract they are employed or engaged under. The Assistance Programme provides immediate and confidential help for any work, health or life concern and offers access to up to 6 counselling or CBT sessions. The Assistance Programme can be accessed 365 days of the year, 24 hours a day and is available by telephone, web or mobile app. Details below:
Mental Health First Aiders
A Mental Health First Aider’s role in the workplace is to act as a first point of contact for people with mental health issues, providing support and guidance to their colleagues.
Please speak to the HR team to access an up-to-date list of Mental Health First Aiders for Lime Pictures. If you require external support, you may wish to consider approaching any one of the following:
Film and TV Charity
The Film and Television Charity exists to support people in the screen industries at all stages of their careers and they have a 24/7 support line which is free and confidential.
MIND
MIND provides information, support and resources for individuals living with mental ill health.
Services are available 9am to 6pm, Monday to Friday (except for bank holidays).
Samaritans
Samaritans offers a safe place for individuals to talk about any challenges they may be facing. They act as either as a listening ear only or can offer advice if desired.
CALM (Campaign Against Living Miserably)
CALM supports men under 45 who feel they have reached crisis point.
The Equality Advisory and Support Service
Rights of Women in England and Wales
Confidentiality is an important part of the procedures provided under this policy. Details of any investigation and the names of the person making the complaint and the person accused must only be disclosed on a “need to know” basis, save as required by law, to enable you to take appropriate legal advice or where there is a requirement to report the matter to a regulator. Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure at 6.5 below.
Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents compiled during the process. These will be processed in accordance with the Company’s Data Protection Policy and any privacy notice issued.
