# Commission clarifies charities’ responsibilities in dealing with bullying & harassment

- Link: https://fundraising.co.uk/2022/08/12/commission-clarifies-charities-responsibilities-in-dealing-with-bullying-harassment/
- Published: 2022-08-12T08:42:00+01:00
- Author: Melanie May

**The Charity Commission expects charities to have clear policies on bullying and
for trustees to handle allegations appropriately, it has said.**

The statement follows a working group formed with charity sector organisations and
other representatives including ACEVO, NCVO, WCVA, and the Association of Chairs
to clarify where responsibilities for addressing bullying and harassment lie within
the sector.

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It says:

> “Trustees have a central role to play to ensure their charity has clear policies,
> and that allegations are handled appropriately and in line with employment and
> other laws. Those concerned about bullying or harassment are encouraged to take
> their concerns directly to the charity or its trustees whenever this is appropriate,
> and trustees are responsible for ensuring they have processes in place to hear
> those concerns and address the matter.”

The Commission’s [safeguarding guidance](https://www.gov.uk/guidance/safeguarding-duties-for-charity-trustees#policies-procedures-and-practices-you-need-to-have)
also sets out that charities with employees should have welfare, discipline and 
whistleblowing policies for staff, including clear policies and procedures on bullying
and harassment.

Charities should also [report the most serious actual or alleged incidents of](https://www.gov.uk/guidance/how-to-report-a-serious-incident-in-your-charity)
bullying or harassment for the regulator to assess, with workers and volunteers 
also able to [make reports](https://www.gov.uk/guidance/report-serious-wrongdoing-at-a-charity-as-a-worker-or-volunteer#what-to-report-to-the-charity-commission)
to the Commission.

The Commission itself, it says, will get involved where there is the highest risk
of harm, for example where there are concerns that trustees have not addressed reported
bullying or harassment that is widespread and systemic within a charity, or there
are concerns about governance issues or potential mismanagement.

It also said that it does not have a role in resolving individual employment issues,
and that these should generally be raised with the charity through their [grievance procedures](https://www.gov.uk/raise-grievance-at-work/grievance-procedure),
followed by action in the [employment tribunals](https://www.gov.uk/employment-tribunals)
if necessary. It is also not a prosecuting authority, with investigating alleged
criminal offences the responsibility of law enforcement agencies. Reports relating
to any threat to an individual’s safety should be shared with the police in the 
first instance, before notifying the Commission in due course.

Commenting, Paul Latham, Director of Policy at the Charity Commission, said:

> “There is no place for bullying and harassment in society, and there is certainly
> no place for it in the charitable sector. In a sector grounded on kindness and
> generosity, this kind of culture is unacceptable.
>  
> “I am grateful for the leadership shown by our sector group on this issue and 
> am pleased that we have been working so collaboratively to better communicate 
> the Commission’s role and underline the role played by individual charities and
> the wider sector.
>  
> “We are clear that we expect charities to take action to prevent and deal with
> incidents, but that we will intervene where there are concerns that trustees are
> not complying with their responsibilities, including in relation to safeguarding,
> to protect charities and the wider charitable sector.”

Jane Ide OBE, Chief Executive at ACEVO, said:

> “Bullying and harassment is unacceptable in any part of our sector and at any 
> level of it. It is essential that we work collaboratively to establish a zero 
> tolerance approach to bullying and harassment and to ensure that everyone working
> in civil society, whether paid staff or volunteer, feels safe and respected in
> their work.
>  
> “We welcome the focus from the Charity Commission on its role as our regulator
> in this context. The clarification provided today on serious incident reporting
> and the role the Commission will – and will not – play in those circumstances 
> is a helpful step.
>  
> “This is just one part of our sector’s response to the issue though.  We look 
> forward to working alongside the Commission and our colleagues across civil society
> to continue to inform, educate and support our sector in creating a safe and inclusive
> culture for all.”

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