Anti-Harassment & Bullying

We believe that everyone working at or with the Firm (including our employees, workers and contractors) have the right to be treated with dignity and respect.   We do not tolerate bullying, harassment and/or victimisation and we expect everyone working at or with the Firm (including clients,  visitors and guests), to behave respectfully towards others and never act in a way that could be regarded as bullying, harassment and/or victimisation.  Clients, visitors and / or guests who act inappropriately towards our employees, workers and contractors will be asked to leave the Firm’s premises.

There is no statutory definition of bullying. However, the Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.

Victimisation is when someone treats you badly or subjects you to a detriment because you complain about discrimination or help someone who has been the victim of discrimination (or they think you have).

Bullying and/or harassment are not necessarily always obvious or apparent to others and may happen in the workplace without the Firm’s awareness. It can be between two individuals or it may involve groups of people. It might be obvious, or it might be insidious. It may be persistent, there may be a pattern, or it may be an isolated incident. It can also occur in written communications, online/social media, by phone or through email, not just face-to-face

The Firm adopts the statutory definition of harassment, namely unwanted conduct related to the following protected characteristics (which are sex, race, disability, sexual orientation, age, gender reassignment, and religion or belief),  and where the conduct has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Harassment, including bullying, racial and sexual harassment, is harmful and causes distress.  It can lead to accidents, illness and poor performance and has a detrimental effect on both business performance and staff morale.

Examples of harassment could include, but are not limited to:

  • Physical violence, or unwelcome verbal or physical conduct;
  • Derogatory comments or gestures - both verbal and written (including email) - which includes racially derogatory words or gestures;
  • Insensitive jokes or pranks including circulating written, printed or electronically disseminated material which others may find offensive;
  • Insulting or aggressive behaviour or spreading malicious rumours;
  • Communicating in a demeaning manner;
  • Any attempt to penalise or punish a person for rejecting or objecting to the actions described above.

The actions listed above must be viewed in terms of the offence or distress they cause the individual.  The perceptions and feelings of the recipient are a key factor in determining whether any action or statement can be viewed as harassment.

Sexual harassment

Sexual 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. A single incident can amount to harassment.  Sexual harassment can occur both in and outside the workplace, such as on business trips or at work-related events or social functions. 

Examples of sexual harassment includes:

  • Making sexual remarks about someone’s body, clothing or appearance;
  • Asking questions or making comments about someone’s sex life;
  • Sexual innuendo(s);
  • Derogatory comments or gestures - both verbal and written (including email) - which includes sexually derogatory words or gestures;
  • Insensitive jokes or pranks of a sexual nature including circulating written, printed or electronically disseminated material which others may find offensive;
  • Unwelcome verbal or physical conduct of a sexual nature, in particular unwelcome sexual advances or requests for sexual favours;
  • Viewing, displaying or sharing pornographic or sexual images (or any sexual content for that matter);
  • Touching someone against their will, for example hugging them;
  • Sexual assault or rape; and/or
  • Communicating in a sexual manner across online platforms e.g. Teams, Instagram or Facebook.

Such conduct can amount to sexual harassment if the behaviour:

  • Has one of these effects even if it was not the intention to do so; or
  • Intended to have one of these effects even if it did not do so.

Sexual harassment of any member of staff, or anyone they come into contact with during the course of their work, can be unlawful and will not be tolerated. We will take active steps to help prevent the sexual harassment and victimisation of all staff.

Prevention of sexual harassment

The Firm recognises that it has a statutory duty to take reasonable steps to prevent workplace sexual harassment.  To help prevent sexual harassment, the Firm takes, among others, the following steps:

  • Making this Anti-Harassment & Bullying Policy available on the Firm’s website and email footers;
  • Providing non-alcoholic alternatives and food at events which serve alcohol;
  • Providing training on identifying sexual harassment and steps to prevent / respond; and
  • Providing avenues for people to raise concerns.

This policy has been implemented in response to the internal sexual harassment risk assessment form and the employee survey to ensure the Firm takes all necessary steps to comply with its duty.

Steps you can take if witnessing harassment

If you witness harassment or victimisation, you are encouraged to take appropriate steps to address it.  The Firm encourages you to remember the four D’s of being an active bystander:

  • Direct – you may intervene directly but only do so where it is safe.  Direct action involves taking steps to stop the negative behaviour by telling the person to stop, asking the victim if they are okay or breaking up the situation in a polite, calm and respectful manner.
  • Delay – where it is not safe or in some way not appropriate to intervene immediately, the Firm recommends you wait or walk away and check in with the victim later to see if they are okay and if they need assistance to report this matter.
  • Distraction – causing a distraction involves interrupting the person or situation.  This can be achieved by changing the subject, interrupting the situation by asking the person or victim a question, or creating a scenario to disband the group or creating a diversion.
  • Delegation – you can also delegate the responsibility by informing someone who may be more senior or more experienced in handling these matters to intervene or is better able to manage the situation.

Raising Concerns – Members of Public

If you are a client or guest of the Firm and you feel that you or anyone else have been discriminated against in any way or if you feel you are a victim of or witnessed bullying or harassment (of a sexual nature or otherwise), the Firm encourages you to reach out directly to your usual contact.

If you do not feel comfortable doing so, the Firm encourages you to email Gary Merrick at Gary.Merrick@jmfinn.com.

No form of discrimination, harassment or bullying will be tolerated or condoned at work and such acts will be properly and promptly investigated.  This may include inviting you to a meeting for you to provide details regarding your concerns.