Newmarket Allotment Association

Respect Policy

The Committee are committed to ensuring that all tenants are enjoying their plot and are free from any harassment, bullying or discrimination. These behaviours will not be tolerated on the sites, or within the Association. Therefore, the Committee, drawing from various sources, has compiled a Respect Policy and Code of Conduct to enable all tenants to enjoy the sites in a safe and secure environment. Tenants and other visitors on the allotment sites have a right to be treated with consideration, fairness, dignity and respect.

The simple rule of thumb is to treat others with the respect that you would wish them to show to you.

These documents aim to provide clarity about behaviour, expectations and potential consequences to any cases of harassment and bullying. In particular, it makes clear that harassment and bullying behaviour are not acceptable and it provides some guidelines for dealing with this. They will indicate the standards of behaviour that are expected of everyone involved directly in the Association, or of others coming on to the allotment sites such as guests of the tenants. This also applies to any external guests who visit the sites to complete works.

All tenants are encouraged to maintain good relationships between all those on the sites, promoting a good community spirit and a welcoming, friendly atmosphere. All tenants on site should be able to enjoy their plots and to socialise with others, if that is their disposition.

There are clear legal definitions of harassment and bullying as are the legal avenues for dealing with serious cases of it. Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This confirms that someone can be prosecuted in the criminal courts if they harass you. It also means that you can act against the person in the civil courts.

Harassment is any unwelcome comments (written or spoken) or conduct which:

·        violates an individual's dignity and/or

·        creates an intimidating, hostile, degrading, humiliating or offensive environment.

It can involve verbal abuse or name calling, offensive comments and can be received in person or via text message, emails or social networking sites. Harassment is when someone behaves in a way which makes you feel distressed, humiliated or threatened.

Bullying is the repetitive, intentional hurting of one person or group by another person or group, where the relationship involves an imbalance of power. It can be physical, verbal or psychological, it can happen face-to-face or online (emails, social media). Bullying is hurtful, intentional and is repetitive, meaning it happens several times.

It can involve physical behaviours such as pushing, kicking, or verbal e.g. name calling, nasty texts or emails, sarcasm, threats and belittling. Emotional bullying can be threatening gestures, ridicule or humiliation.

The Equality Act 2010 uses the following definition of harassment to cover relevant protected characteristics. Harassment is ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.’

The relevant protected characteristics are age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race (including nationality), religion or belief, sex and sexual orientation.

Please Note: The Committee would like to add here that they also believe ‘time as a tenant’ is protected. Some tenants have been on the sites for many years but we regularly encourage and welcome new tenants and they shall all be treated with the same respect, regardless of how long they have been a tenant.

If a tenant of the Association believes that they are being harassed or bullied then they should contact the Site Manager or Secretary / Chair immediately. Please also complete the following steps as best as you can. The Committee ensure they will look into any reports or concerns that are brought to their attention.

·          Keep a record of all the incidents and of any witnesses to the incidents in as much detail as you can. 

·          Keep copies of any letters, email or other correspondence received from your harasser.

·          Do not retaliate against someone who is harassing you.

·          Let someone know what is happening. This could be a fellow tenant of the Association, a Committee member, a friend, a colleague or the Police.

Further information, guidelines and support are available from other sources such as:

Bullying UK: Helpline: 0808 800 2222        Website: http://www.bullying.co.uk/

Police UK: https://www.police.uk/information-and-advice/reporting-crime/

We believe that the majority of disputes can be settled informally but if the complainant, or the Committee, thinks the complaint is too serious to be handled informally then the formal process will be followed directly. The approach outlined below is open to all allotment holders and their visitors. We believe any instances of bullying and harassment can be dealt with through non-statutory means once the topic has been aired.

Informal Resolution: All alleged harassment or bullying will be looked into, if anyone on the sites (the complainant) feels they are being subjected to this behaviour and they bring it to the attention of the Site Manager and Committee. Firstly, we recommend that the complainant makes the alleged perpetrator aware that the complainant find their behaviours and/or actions to be inappropriate and unacceptable and wants it to stop. This can be done face-to-face or in writing (whichever is deemed most appropriate) We call this the direct approach.

Often the alleged perpetrator is unaware of the impact their behaviour and had no intention of causing harm, upset or distress. This direct approach may resolve the situation very rapidly and conclude the situation for both parties. We advise that the complainant keeps all records or documentation which has caused the concern or distress, notes of the effects they have had on them, so that they are able to discuss this with the alleged perpetrator.

If the complainant does not feel able to make a direct approach, this will not constitute consent to the alleged bullying or harassment, nor will it prejudice any formal complaint they may bring forward. If the complainant does not feel able to make a direct approach, or if a direct approach does not resolve matters, they should contact a member of the Committee who (as a Committee) will be able to offer help and advice and discuss other options for resolution.

The Committee will discuss these allegations with both parties, listening to what each party has to say, and to explore with them individually or together (if appropriate) how the situation can be resolved. It is expected that every effort to achieve a mutually agreed informal resolution to the complaint will be made by both parties, wherever possible and an early and open intervention is actively encouraged. The Committee can select a member to act as mediator for mediation. Mediation is a confidential and non-adversarial way of resolving issues and re-establishing relationships that may have deteriorated or even broken down, by bringing in an impartial third party, the mediator. Mediation is entirely voluntary and can only proceed where both parties agree to it.

If an informal direct approach has not worked or the complainant does not feel able to pursue this alone, the Committee will help the parties to communicate and develop an agreement for continuing to be in some proximity on site in the future. If the situation cannot be resolved informally as explained above then a more formal procedure will be invoked. This will be the case if the direct approach and mediation proves unsuccessful in resolving the dispute.

Formal Resolution: This will be enforced if the informal resolution was unsuccessful and the complainant wishes to submit a formal complaint. This may arise if the complainants direct approach failed, or mediation was unsuccessful or simply the harassment or bullying continued. It may be considered that the original complaint was too serious for the informal resolution. A formal complaint must be made in writing as soon as possible to Chair / Secretary, which will be brought towards the Committee with a request that it is taken through the formal process.

The complaint must include (but is not exclusive to) the following:

•               The name(s) of the alleged harasser(s)

•               The nature of the complaint - details of incidents

•               Dates and times when harassment took place

•               Include any evidence of letter or emails containing harassing or bullying content

•               Name(s) of any witness(s) to any incidents

•               Details of any action already taken by the complainant to stop the alleged harassment or bullying

Upon receipt of the complaint the Committee will send an acknowledge receipt, and start an investigation into the allegation. The Committee will maintain appropriate confidentiality during the full complaint process. The Committee will investigate and consider if (in their opinion) the allegation is founded. The Committee will seek further, third party, confidential advice and support if needed.

The Committee will contact the alleged perpetrator and provide details of the complaint in a timely and sensitive manner. They will be advised of their behaviour and given a chance to share their views and opinions at this point. Both parties will be made aware that they are invited to participate in the process of examining the complaint, by attending meetings or written correspondence, and time to respond fully, so both parties have an opportunity to have their say.

The Committee will contact and meet with any witnesses and if appropriate obtain any relevant information to the complaint. All parties will be informed of expected timescales and the progress of the investigation. All meetings will ideally take place within 21 days of receipt of the formal complaint. Both parties have the right to be accompanied throughout the process by a companion, ensuring appropriate support is provided.

If a Committee member is involved in a complaint, either as the complainant, respondent or as a closely associated party (such as family member) the member will excuse themselves from the Committee’s conduct of the formal resolution process. The Committee may adjourn at any point to consider their decision.

The decision will fall within the boundaries of the following outcomes:

•               No evidence of harassment or bullying can be established

•               (However, there may be occasions where behaviours give cause for concern, where there is a lack of understanding or awareness of this behaviour)

•               An action plan was developed to address this behaviour and areas of concern

•               There is clear evidence of harassment and/or bullying with an intent to cause harm

The Committee will inform all parties, in writing, of the outcome of their investigation and if any further action is required. If the Committee is convinced that the Respect Policy has been significantly breached, and/or the alleged perpetrator failed to follow any of the resolution process, then the offending party may have their tenancy agreement terminated immediately.

An offending party may also be precluded from reapplying for a plot across all sites, for a period of time to be determined by the Committee.

Please help us continue to make the allotment sites a safe haven for all.