How to intervene to harassment and inappropriate treatment among personnel

Section 28 of the Occupational Safety and Health Act prohibits harassment or other inappropriate treatment that causes health hazards or risks. The law does not, however, define these concepts. All negative behaviour in the workplace does not constitute harassment or inappropriate treatment causing health hazards or risks as referred to in the law

Inappropriate treatment is negative behaviour towards another person in the workplace, contrary to the law, good conduct or one’s own duties. It is often continuous and systematic but it can also be occasional. The target may be any member of the work community

Harassment means such situations, where a person is repeatedly and for a long time subjected to oppressive, insulting or subordinating treatment and this causes them health hazards. The actor can be a colleague, a subordinate or an outsider, such as a customer. Harassment is one form of inappropriate treatment, but not the only one. Harassment is often referred to as workplace bullying.

Sexual harassment in the Equality Act, means verbal, non-verbal or physical unwanted conduct of a sexual nature by which a person’s psychological or physical integrity is violated intentionally or factually, in particular by creating an intimidating, hostile, degrading, humiliating or offensive atmosphere. 

Gender-based harassment means unwanted conduct that is not of a sexual nature but which is related to the gender of a person, their gender identity or gender expression, and by which the person’s psychological or physical integrity is intentionally or factually violated and an intimidating, hostile, degrading, humiliating or offensive atmosphere is created.

Inappropriate treatment relating to interaction may include for example

• Verbal abuse: continuous yelling, invective and crude remarks in front of others or face to face, gossipping, mockery, undermining someone’s position or reputation, spreading rumours 
• Non-verbal bullying: negative/mocking facial expressions and looks, hostile silence, ignoring 
• Social isolation: exclusion from the work community 
• Inappropriate text messages, emails and cyber bullying 
• Physical aggression: unwanted physical contact without sexual meaning, threat of physical violence 
• Sexual harassment: sexually suggestive gestures or facial expressions, rude talk, double entendre, remarks or questions on body figure, clothing or personal life; recurrent sexually loaded messages or phone calls, pornographig materials, physical contact, suggestions or demands for sexual favours 
• unjustified questioning of a person’s health, work ability or mental health

Inappropriate treatment relating to work and working may include for example

• Hindering work or studies: holding back information, sharing incorrect information, demands for excessive or too modest work /study loads, setting up unreasonable timetables 
• Putting an employee, groundlessly and without cause, in an unequal position compared with other employees e.g. in regard to training possibilities, remuneration or other benefit
• inappropriate abuse of the employer’s right to direct 
• giving degrading orders 
• changing the agreed working terms and conditions on illegal grounds 
• withholding information 
• repeated, unjustified intervention in a person’s work, repeatedly undermining a person’s work 
• changing the quality or quantity requirements unjustifiably

• Any orders issued by the employer based on the legal right to direct and supervise – the employer is entitled to decide on the required quality, scale, methods and procedures at the workplace 
• Handling and settling work-related conflicts within the working community or organisation, even if it would stir up mixed feelings 
• Setting targets to the employees and the follow-up; supervisors' intervention to employees' work performance in case of continuous or repeated failure to achieve the expected standards. 
• Conflicts that arise due to decisions related to work or studies or the interpretations thereof, even if they cause uncertainty to the parties involved 
• Justified and legal changes in the organisation or in employees' duties 
• When the employer refers the employee for a work ability assessment after discussing the challenges in work performance with the employee 
• Justified disciplinary action (e.g. reprimand or warning) against an employee or a student 
• Occasional disagreements or different points of view between persons, even if they would cause feelings of being sad or offended.

• First, if possible, inform the person treating you inappropriately that you do not accept their actions. Tell them clearly and concretely what it is about their behaviour that you feel is inappropriate. Ask them to stop this behaviour or activity. If you feel that you cannot bring the issue up alone, ask the shop steward, OSH representative or a colleague to support you.
• If it is not possible to discuss the harassment experience with the person concerned, or if the situation continues, inform your supervisor or, if the supervisor is a person who behaved inappropriately, their supervisor. Once the supervisor has received the report, they are obligated to take the necessary measures. 
• As a rule, this requires providing the name of the person allegedly acting inappropriately. If you do not provide a name, this will significantly limit the supervisor’s ability to handle and resolve the matter. The same applies if you do not allow the case to be handled under your own name
• If the situation continues, it is useful to document the events (time, place, what happened, own and other's actions) for possible further processing.

• Immediately stop the kind of conduct that is the cause of allegations for harassment, even if you disagree with the person making the claim. 
• Keep calm and listen to what the person has to say, even if you consider their allegations groundless. Tell them how you have experienced the incident or situation. 
• Do not belittle the experience/feelings of the person criticizing your conduct. Try to see the situation from their point of view – what in your conduct might have caused discomfort. 
• If possible, try to find a solution by talking through the incident together. Be ready to apologise for your inappropriate conduct.
• Bring the matter for discussion with your superior as soon as possible. 
• Have a discussion with the superior of the person who made the allegations. In the best possible case, the conflict can be settled through negotiation. The conclusion, resolution and steps for follow-up are documented in writing. 
• If the conflict cannot be resolved through discussion or by mutual agreement, or if there is a breach of agreement, the procedure will continue in line with Aalto’s process described below. 

• Intervene: harassment or inappropriate behaviour is neither tolerated nor accepted
• Encourage the victim to act and proceed according to Aalto’s process – support your co-worker if needed, 
• Contact a supervisor, Aalto's harassment contact persons, HR or a trade union representative: e.g. ”I’m worried about the inappropriate behaviour of xx against yy, and I hope that you as a supervisor can take action to handle the case.
• Act responsibly for the benefit of the entire work community: highlighting inappropriate treatment and harassment and speaking up is an important and responsible action in terms of the work community's ability to work and wellbeing.

If harassment or other inappropriate treatment of an employee occurs at work and causes risk or hazard to the employee’s health, the employer, after becoming aware of the matter, shall by available means take measures for remedying this situation. (Occupational Safety and Health Act, Section 28).

As the employer's representative, the supervisor has a duty to monitor the workplace and support staff in challenging situations they encounter, and to intervene in situations of inappropriate treatment. 

When a supervisor becomes aware of inappropriate treatment, they must investigate the situation and take action if necessary. When investigating the situation, it is important to consult all parties equally.

When intervening in inappropriate treatment, it is important to ask how the person who has experienced inappropriate treatment or harassment wishes outsiders to intervene. It is important to respect the person concerned and their experience by first clarifying their wishes. The person should be encouraged to participate in the investigation and processing of the matter as far as possible. The first step is for the person to raise the matter with the person accused of mistreatment. 

Anonymous notifications

• The employer has a duty to investigate all reports of harassment and inappropriate treatment as far as possible. This also applies to situations where the name of the person acting inappropriately is not disclosed. In such cases, it is important to inform the reporting party that failure to disclose the name will significantly limit the employer's ability to investigate and resolve the situation. 
• If the person does not want his or her name to be used, it is usually challenging to resolve the matter if the improper interaction occurred in a one-to-one situation.  The resolution process must also take into account the legal rights of the person accused of the inappropriate treatment and harassment. In such a situation, it is not possible to adequately identify what has been inappropriate in the behaviour of the person accused of the abuse and harassment and thereby give them the opportunity to change their behaviour.   
• If there are tacit signals from the unit about well-being challenges concerning workplace behaviour or inappropriate treatment in the workplace, it is necessary to investigate further and contact HR services.

In situations of conflict, it is often the case that an individual or group feels that the actions of another individual or group are offensive to their own actions or values. In such situations, experiences of inappropriate treatment for one or both parties also often arise. At Aalto University, the workplace mediation process can also be used in these situations. 

When you as a supervisor become aware of harassment or inappropriate treatment, take immediate action as follows:

• Find out what is going on, what has happened, when, who is affected and how the situation has been experienced. Contact your unit's HR as well. Remember the sensitivity and confidentiality of matters both in discussions and documentation.
• In the investigation, it is essential to listen to the different parties equally and fairly, without prejudging expectations or goals about the outcome of the investigation.
• Have discussions with the parties separately first and, if possible, together, there may also be others involved (HR, support persons). Document all conversations. If you are not the supervisor of the suspect of inappropriate behaviour, contact the supervisor of the suspected person.
• In the joint meeting, an appropriate and fair solution to the situation is sought in terms of the smooth running of the work. Be prepared for the fact that the parties have often different views on the course and causes of the situation. Guide the discussion to concrete situations that have occurred and how the problem hinders work. If you find that inappropriate treatment and/or bullying has occurred, make it clear to the perpetrator that it must stop.
• Document the conclusions drawn from the discussions and the necessary instructions and agreements related to work and behavior change. Also document how and when the implementation and impacts of agreed matters will be monitored.
• If agreements cannot be reached or agreements are not adhered to, the employer is obligated to take the necessary measures to resolve the situation on the basis of the investigation. By virtue of the right to supervise, the employer has the right to make work-related arrangements. There is also a warning and warning procedure. The ultimate consequence may be termination of employment. If there is a need for disciplinary action, always contact HR.

Process for clarifying the situation when reporting the experience of inappropriate conduct or harassment

Starting the process

• A staff member of the Aalto community experiences harassment or inappropriate conduct by the staff and reports about it to the supervisor, the supervisor's supervisor, or HR. 
• The employer's representative, i.e. the supervisor, together with the school's HR manager, starts the clarification process, which proceeds as described below. 
• If one of the parties is a student, the head of the school's learning services is also involved in the process.

Clarifying the situation (related to staff, the process for students' cases has its own instructions in Learning services)

• Both/all parties are consulted by having discussions separately and, if possible or necessary, also together. Support persons may be involved in the discussions. Discussions are documented
• It helps if the parties (especially the one who experienced harassment/inappropriate conduct) have documented what happened, when and between whom.

Conclusions and decisions on necessary actions

• In separate meetings, an appropriate and fair solution to the situation is sought in terms of the flow of work (when it is not a matter of serious harassment or inappropriate conduct)
• If the report states that inappropriate conduct, bullying or harassment has occurred, it is made clear to the person guilty of harassment that the activity must stop and/or depending on the seriousness of the case, a notice or warning is given. Very serious cases may result in termination of employment and/or reporting to the police.
• The conclusions and measures taken based on the discussions, as well as the necessary instructions and agreements related to work and behavior change, are documented. It is also documented when and how the implementation and effects of the agreed matters are monitored.

Anonymous reporting can also be used to influence inappropriate treatment, but in a much more limited way.

The guidelines for supervisors above describes how supervisors can address anonymously reported inappropriate treatment, and harassment contact persons can also support a person experiencing inappropriate treatment without revealing the individual's identity. 

In all cases and with all questions you can contact confidentially to Aalto's harassment contact persons by sending email to [email protected]. Do not include sensitive material in the message that is not necessary for the matter (e.g. information about your own or another person's health or family situation). The email address is read only by harassment contact persons. The harassment contact persons can be contacted confidentially and they do not proceed your case without your permission.

Aalto University's harassment contact persons for personnel are Anne Petroff ([email protected]) and Mikko Raskinen ([email protected]). Their role is to support the person who has experienced harassment or inappropriate behaviour or seen/witnessed it and to help to proceed if so wished. Harassment contact persons do not solve any cases instead they inform about different options to proceed and can help proceeding.

Harassment contact persons are available to provide approximately 1/2 hour info session at department or unit meetings on the prevention of harassment and inappropriate conduct and in Aalto's processes.

• HR Services
• Learning Services
• Occupational Safety and Health representatives
• Occupational Safety Manager: [email protected]
• Trade union representatives
• Occupational Health Care As an employee you can contact to occupational health care (Terveystalo) in order to have mental support in a stressful situation
• Recommendations and guidelines on social media when the inappropriate conduct relates to (public) social media channels and if needed contact to [email protected] 
• Support and services for the mental wellbeing

If you are a student you can contact one of the following: the manager of learning services at your school or the harassment contact person of AYY (contact details below). You can also contact the Aalto study psychologists (student counsellors). More information here.

AYY's harassment contact persons' address is [email protected]

In all questions you can always contact also to  personnel's harassment contact persons.