a criminal offence
· The Protection from Harassment Act 1997, aimed specifically at stalking, makes a course of conduct amounting to Harassment both a civil wrong and a criminal offence. It also introduces a further criminal offence of putting a person in fear of violence.
2.4   East Lothian Council has a clear responsibility to prevent Harassment and Bullying in the workplace. However, employees can be held legally liable if they commit an act of unlawful discrimination or victimise a person for asserting their legal right or harass or bully others.
3.        What is Harassment
3.1    East Lothian Council's Equal Opportunities statement states: 'East Lothian Council is an equal opportunities employer and will prevent discrimination, particularly on the grounds of sex, marital status, disability, race, colour, sexual orientation, trade union activity, religious belief, political belief, nationality, ethnic origin, age, responsibility for dependants or employment status'.
3.2      Harassment has been defined by Unison as 'conduct which is unwanted and offensive and affects the dignity of an individual or group of individuals. Whether or not the Harassment is intentional is irrelevant; the key point to remember is that it is offensive'.
3.3     East Lothian Council takes account of this definition and Best Practice deployed elsewhere and defines Harassment as unwanted behaviour which a person finds intimidating, upsetting, embarrassing, humiliating or offensive. It creates a hostile, threatening and stressful work environment. What determines whether it is Harassment or not is whether the behaviour is felt by the employee as unacceptable by normal standards, and is disadvantageous to the person being harassed. It is not confined to physical intimidation and may take the form of comments, looks, jokes, pictures or innuendoes of a personal or suggestive nature.
4.       What is Bullying
4.1      There is no statutory definition of Bullying. UNISON defines Bullying as 'offensive intimidating, malicious, insulting or humiliating behaviour, abuse of power or authority which attempts to undermine an individual or group of employees and which may cause them to suffer stress'. East Lothian Council's definition of Bullying takes account of this definition and Best Practice deployed elsewhere.
4.2      East Lothian Council defines Bullying as personal criticism or abuse, either in public or private, which humiliates an employee and undermines self-esteem and confidence. It is therefore distinct from the way we all feel at times when we are under pressure - for example to meet tight deadlines or particular targets, or those occasions when we make a mistake and are legitimately called to account for this, in private, with our Supervisor or Manager. The point about Bullying behaviour is that it is not constructive criticism which will assist the employee in future - it is quite the opposite.
4.3      This definition should not deter an employee or manager or elected member from making reasonable requests to employees in an appropriate manner.