sian@hamlettfilms.com +44 (0)20 8525 0438

Code of Conduct and Respect at Work Policy

CODE OF CONDUCT & RESPECT AT WORK POLICY

Introduction:

We are committed to providing an inclusive working environment and, in particular, we will not tolerate racism or inappropriate sexual behaviour. We have created this Code of Conduct so that everyone we engage, either as staff or as freelancers, know what is expected of them i.e., that they will comply with this Code of Conduct.

All individuals must be treated fairly and equally and we do not tolerate discrimination based on age, gender, race, religion, sexual orientation, political beliefs, disability or any additional ground protected by law.

Advice to staff and freelancers: 

Do not do anything that could be considered offensive, intimidating, malicious or insulting by anyone else. This includes unwelcome conduct and comments, either directly against an individual in the workplace or made in a general manner that contributes to an environment that is hostile or lacking respect or dignity. Inappropriate or unwelcome focus or comments on a person’s physical appearance and inappropriate or unwelcome physical touching are forms of harassment and will not be tolerated.

Report bullying, harassment, physical or verbal abuse, or violence that you experience or witness immediately to the appropriate person at the company that has engaged you and/or the company that has engaged the person who you consider has infringed this Code of Conduct.

Respect other people’s cultures, beliefs, and identities.

Code of Conduct in the workplace:

1. Everyone at Hamlett Films is responsible for creating a positive workplace that is

inclusive and supportive of all its people – staff and freelancers – and they understand that

all team members are expected to model this behaviour.

2. We will respect the dignity of others regardless of their role or seniority.

3. Everyone has the right to feel safe, welcome, and comfortable.

4. We understand what bullying, harassment and victimisation are – we will not bully, harass or

victimise colleagues, and if we observe these behaviours directed toward other colleagues, we

will support the target and report it.

5. We understand that we will not discriminate unlawfully on any of the 9 protected characteristics of race, disability, age, gender reassignment, marriage or civil partnership, pregnancy or maternity, religion or belief, sex or sexual orientation and if we observe these behaviours directed toward other colleagues, or affect them adversely, we will support the target and report it.

6. No member of staff is permitted to consume or be under the influence of alcohol whilst at work.

7. No member of staff is permitted to take, possess or be under the influence of illegal drugs whilst at work. 

8. Staff taking prescription drugs that may impair their performance must notify their manager immediately of this fact.

What happens if this Code is not followed?

We ask all employees to uphold the spirit and principles of this Code. If you are the target of, observe, or are otherwise aware of behaviours that may be in breach of the code, you should notify your line manager, or avail of the written complaints policy. We will conduct informal and formal investigations if needed, following the ACAS guidelines.

Hamlett Films is committed to creating a working environment of mutual trust and respect with support for cultural diversity and an open and honest team. Co-operation and an environment free from intimidation, fear and harassment form the basics of our corporate culture. 

Management will support this by acting as role models in their business conduct and leadership style. 

Everyone at Hamlett Films is required to understand and comply with this ‘Code of Conduct and Respect at Work Policy’. This policy is non-contractual, and it does not form part of Workers’ terms and conditions with Hamlett Films. Hamlett Films reserves the right to amend this policy at any time. 

Workers should read this policy and make sure they understand it and how it relates to their role and position within Hamlett Films. This includes any workers engaged on a commission, who must be notified of and advised to read this policy. 

Accessing training 

At Hamlett Films we want to promote a work environment where everyone feels they are treated respectfully and feel safe in the workplace. All Workers have access to the following training courses and should look to complete these courses to ensure an understanding and compliance to this policy: 

Understanding the Terminology 

Bullying

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, undermined, humiliated, denigrated or threatened. Power does not always mean being in a position of authority but can include both personal strength and the power to coerce through fear or intimidation. Bullying can take the form of physical, verbal and non-verbal conduct. 

Bullying may include, by way of example:   

  • physical or psychological threats
  • overbearing and intimidating levels of supervision; 
  • inappropriate derogatory remarks about someone’s performance; and 
  • a single incident – which can be deemed harassment, if sufficiently serious. 

Bullying and harassment can damage health, confidence, the performance of colleagues who are affected by it and create poor morale and employee relations; leading to ill health and absence, resignations, damage to our reputation and exposure to legal claims. 

Bullying and harassment may also be civil or criminal offence(s), and harassment is unlawful under equality legislation. 

For the avoidance of doubt that a worker can make an informal or formal complaint, however, subject to the nature and seriousness of the complaint Hamlett Films may be required to treat it formally. Please note in the event of a formal complaint then Hamlett Films will follow the grievance procedure. It’s important to understand that serious breaches of this policy could lead to disciplinary action. Bullying or harassment may often be considered gross misconduct, which can lead to dismissal without notice. 

Legitimate, reasonable and constructive criticism of a Worker’s performance or behaviour, or reasonable instructions given to Workers will not amount to bullying on their own. 

Cyber-Bullying 

Cyber-bullying is the use of information and communications technology to support bullying. It is deliberate and includes hostile attempts to hurt, upset or embarrass another person. 

Non exhaustive examples of cyber bullying also include: 

  • offensive emails, email threats, including emails that appear to be inoffensive, but the implied meaning behind it constitutes bullying. For example, a manager using email to bombard an employee with more work than they can handle, and not treating other employees in the same way; 
  • posting defamatory gossip on blogs and social networking sites. It is possible that a person does not immediately experience the bullying directly because they are unaware of what is being posted about them; 
  • threats or offensive comments by SMS text messages on mobile phones, web-based messenger platforms such as WhatsApp, Skype and Microsoft Teams;
  •  posting private and personal details about someone online. 

Discrimination 

Discrimination is defined as treating someone less favourably or placing them at a disadvantage because of a protected characteristic. 

  • Direct discrimination occurs when someone is treated less favourably than others because of a protected characteristic or a perceived protected characteristic.
  • Indirect discrimination is any policy, rule or practice that is applied to a group of employees but puts people with a specific protected characteristic at a particular disadvantage. These policies, rules or practices must be justified. 

What are protected characteristics? 

Under the UK Equality Act (2010), the following characteristics are protected: 

• Age 

• Disability 

• Gender reassignment 

• Marriage and civil partnership 

• Pregnancy and maternity 

• Race 

• Religion or belief 

• Sex 

• Sexual orientation 

Harassment 

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. 

Harassment may take many forms and include: 

• conduct which is unwanted by the recipient and perceived as hostile or threatening; 

• conduct which gives rise to a hostile or threatening work environment; and 4 

• conduct which creates an atmosphere in which it is feared that rejection or submission will be used as a basis for decisions which have an impact on the recipient at work. 

The following are examples of types of behaviour which may amount to harassment: 

• Physical or sexual assault; 

• requests for sexual favours in return for career advancement; 

• unnecessary physical contact; 

• negative comments about an individual’s gender or gender as a group; 

• exclusion from social networks and activities or other forms of isolation; 

• compromising suggestions or invitations; 

• suggestive remarks or looks; 

• display of offensive materials, including on a computer screen; 

• tasteless jokes or verbal abuse, including but not limited to any sent by email; 

• offensive remarks or ridicule; and 

• dealing inappropriately or inadequately with complaints of harassment. 

It’s important to note that there is obligatory training for production staff and freelancers working with BBC, ITV, and Sky to undertake and receive a training passport from Screen Skills. Its purpose is to provide a record of standardised and industry approved training. 

Sexual Harassment 

Sexual harassment is defined as ‘unwanted conduct of a sexual nature which has the purpose or effect of either violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. 

Hamlett Films will not tolerate sexual harassment; such actions are unlawful, per the Worker Protection Act 2023 (Amendment of Equality Act 2010). Hamlett Films requires all Workers to be respectful and foster an inclusive work environment. Sexual harassment may be deemed a breach of a Worker’s terms of engagement, with such breach leading to disciplinary action or dismissal for gross misconduct without notice. All complaints will be taken seriously and will apply to everyone regardless of role or status. Aggravating factors, such as abuse of power over a more junior colleague, will be considered when deciding what disciplinary action to take. 

Examples of sexual harassment include (but are not limited to) unwelcome physical contact, sexual jokes or comments, sexual advances, sending sexually explicit emails/texts and displaying/sharing sexually graphic images. In the event you (as a Worker) experiences or witnesses sexual harassment: 

  • you should notify your line manager, who should report it promptly to a Company Key Person; or 
  • you can contact the Company Key Person, directly. 
  • Hamlett Films enforces a zero-tolerance policy towards any form of bullying, harassment, or sexual misconduct. Any behavior of this nature is dealt with immediately upon being raised.
  • To ensure complete safety and privacy, all reporting lines to your line manager or designated contact are strictly confidential. Every concern is handled discreetly, investigated promptly, and supported without fear of reprisal.

If anyone experiences or witnesses sexual harassment, they can request that Hamlett Films considers the issue informally or formally; however depending on the circumstances and seriousness of the incident, Hamlett Films may be required to deal with the situation formally. 

Directors/Senior Management Training 

All directors and senior managers are required to undertake training in respect of sexual harassment, in line with the European Human Rights Commission recommendations (see ‘Useful Links’ section below). This training will also be available to all line managers who will be encouraged and expected to complete this training. 

These training courses are intended to help individuals understand their role in preventing harassment, and recognising early signs of harassment and bullying. 

Victimisation 

Victimisation is subjecting a person to a detriment because they have, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing them or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because they have made a complaint or giving them a heavier or more difficult workload. 

Hamlett Films will not tolerate victimisation of a person for making allegations of bullying or harassment in good faith or supporting someone to make such a complaint. Victimisation is a disciplinary offence. 

Stalking and unwanted attention 

Stalking is defined as repeated and unwanted contact that might cause apprehension or fear and it is a criminal offence. It is relatively unusual but can happen. Stalking can take the form of unsolicited telephone calls, sending letters, parcels and e-mails, right through to following victims. 

It may begin with what appears to be innocent activity e.g. sending a letter of adoration, but any response from the recipient may actually encourage the stalker and therefore we would advise that you raise any unusual or unwanted behaviour with your line manager at the earliest opportunity. Your line manager will then involve other parties to ensure that a risk assessment is undertaken. 

There is a lot that you can do to protect yourself, for example ensuring that you and your colleagues don’t give out any personal information and that you consider what you are publishing on social media about yourself and your whereabouts. 

Reporting bullying, discrimination or harassment 

Reporting 

Hamlett Films does not tolerate bullying and harassment, including sexual harassment, and will ensure that processes are in place for the reporting and investigation of these serious issues. 

If a Worker is being harassed or bullied, the Worker should consider whether they feel able to raise the problem informally with the person responsible. The Worker should explain clearly to the person responsible that their behaviour is not welcome or makes the Worker feel uncomfortable. If this is not appropriate in the circumstances, the Worker should speak to their line manager, who can provide confidential advice and assistance in resolving the issue formally or informally. 

No one who makes an allegation of harassment in good faith should be subjected to any detrimental treatment as a result of their complaint. Retaliation against someone or the victimisation of someone who reports a problem in good faith may result in sanctions against the retaliator, up to and including disciplinary action and termination of their contract.

If Hamlett Films concludes that a whistleblower has made false allegations maliciously or with a view to personal gain, the whistleblower may be subject to disciplinary action. Everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. Behaviour which any reasonable person would realise is likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to them. A person may not know that their behaviour is unwelcome or upsetting. Whilst you may feel you can approach and advise them yourself, you are entitled to ask your line manager for assistance on how to manage. This is why it is important that they are informed that you find their behaviour offensive or unwelcome and this can be done informally if appropriate. 

There are times in some cases where it is not as clear in advance that the behaviour would be unwelcome or could offend. In these cases, first-time conduct, which unintentionally causes offence will not be harassment, but it will become harassment if the conduct continues after the recipient has made it clear that the behaviour is unacceptable to them. 

If this does not resolve it or the behaviour is such that it requires a formal complaint you can raise a grievance. Grievances raised after 6 months will generally not be heard unless there is a compelling reason for the delay.

What does Hamlett Films do when a report occurs? 

Hamlett Films will usually arrange a meeting as soon as possible to discuss the Worker’s concern. The Worker will be allowed to bring a colleague or trade union representative to any meetings. Any companion must respect the confidentiality of the disclosure(s) and any subsequent investigation. 

Information about a complaint by or about a Worker may be placed on the individual’s personnel file, along with a record of the outcome and of any notes or other documents compiled during the process. These will be processed in accordance with the applicable Privacy Policy. 

Hamlett Films will conduct thorough investigations into all sexual harassment claims and, where necessary, liaise with legal counsel. 

Will the Worker’s concern be treated confidentially? 

Hamlett Films understands that reporting bullying or harassment can be intimidating, and will respect confidentiality where possible and aim to make the process of reporting clear and straightforward. If anyone comes forward to report behaviour which might amount to bullying or harassment, Hamlett Films will endeavour to investigate objectively. Individuals who have made complaints of bullying and harassment or participate in good faith in any investigation should not suffer any form of reprisal or victimisation as a result. 

Hamlett Films wants Workers to feel able to openly voice any concerns they may have in respect of bullying and harassment under this policy. Completely anonymous disclosures are difficult to investigate. If Workers would prefer to raise their concern confidentially, Hamlett Films will make every effort to maintain the confidentiality of the identity of the Worker and only reveal it, where necessary, to those involved in investigating your concern. For example, your identity and the nature of the allegations must be revealed to the person you are complaining about, so he/she is able to respond to the allegations. Some details may also have to be given to potential witnesses, but the importance of confidentiality will be emphasised to them. If the complaint is upheld, and a person who has been found to have harassed you remains employed, managers may need to be given some information where this is necessary for them to manage the risk of further harassment by that person against you or others. 

What if I am the person that is accused of bullying or harassment? 

If someone approaches you informally about your behaviour, do not dismiss the complaint out of hand because you were only joking or think the complainant is being too sensitive. 

  • Remember that different people find different things acceptable, and everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. 
  • You may have offended someone without intending to. If that is the case, the person concerned may be content with an explanation and an apology from you and an assurance that you will be careful in future not to behave in a way that you now know may cause offence. 
  • Provided that you do not repeat the behaviour that has caused offence that may well be the end of the matter. 
  • If a formal complaint is made about your behaviour, this will be fully investigated and if appropriate a disciplinary process will start. You will be informed of the allegations against you and have the opportunity to put forward your side of the story. 
  • Complaints of bullying and harassment may be treated as acts of gross misconduct that, if proved, could lead to dismissal without notice. Investigation of allegations and future management of risk, if complaints are upheld, will normally require limited disclosure on a ‘need to know’ basis. 
  • Where a complaint is not gross misconduct but is upheld, but you are not dismissed, Hamlett Films will advise you of the next steps. 
  • If the complaint against you is not upheld, Hamlett Films will support you, the complainant and your manager in helping repair your working relationship. 

What do Hamlett Films do to prevent harassment and discrimination? 

  • Employers will be required to take all reasonable steps to prevent sexual harassment in the workplace. At Hamlett Films, we continue to take all reasonable steps to prevent sexual harassment, including publishing up to date policies yearly, requiring all employees to complete training sessions and having clear steps relating to the reporting and handling of complaints. 
  • Employers will be directly liable if harassment is committed by a third party on an employee in the workplace, unless they have taken all reasonable steps to prevent it happening. We continue to take all reasonable steps to prevent harassment committed by a third party. 

All directors and senior managers are required to undertake training in respect of sexual harassment, in line with the European Human Rights Commission recommendations (see ‘Useful Links’ section below). This training will also be available to all line managers who will be encouraged and expected to complete this training. These training courses are intended to help individuals understand their role in preventing harassment, recognising early signs of harassment and bullying. 

Under the Equality Act 2010, employers have a duty to make reasonable adjustments to allow a person with a disability to perform their job without being put at a substantial disadvantage in comparison with non-disabled people. 

Advice for Line Managers: 

• set a good example by their own behaviour and create a supportive working environment; 

• make sure that colleagues know what standards of behaviour are expected of them; 

• deal with any complaints quickly, sensitively and respecting confidentiality; 

• make sure production are made aware of any complaints made or any incident of bullying or harassment witnessed by them; and 

• understand their own responsibilities under this policy and any subsequent grievance or disciplinary proceedings following training or guidance

Who Workers can contact? 

If a Worker has any questions regarding this policy or wants to report an incident of harassment and/or bullying the Worker should speak to their line manager, Company Key person or the person who is responsible for overseeing this policy: 

Katie Graham – Production Manager

katie@hamlettfilms.com

+44 20 8525 0438 

Useful links: 

This policy is reviewed annually and updated as required