Activity One: Terminology

Instructions

• The person whose first name comes first alphabetically will be the Leader
• The Leader will decide on a speaker who will feedback to the whole group, when we return to the Main Room. If you prefer not to be the speaker, choose someone else.
• Avoid specific reference to names when using examples
• Please make sure that all voices are heard

Objectives:
Define bullying and harassment

Your facilitator will guide you through each of the following questions:

1. How would you define the terms bullying and harassment?

2. How do these terms differ? What does the law say?

3. Are we adequately equipped to respond effectively to instances of bullying or harassment? Are we getting it right?

4. Is there more that could be done?

Activity Two: What do we mean by Psychological Safety?

Instructions

• The person born earliest in the year will be the Leader

• This is a confidential conversation. A speaker isn't required for this activity.

• Avoid specific reference to names when using examples

• Please make sure that all voices are heard

 Your Leader will guide you through each of the following questions:

1. How would you define Psychological Safety and

2.  What are the benefits to creating and maintaining a psychologically safe environment?

Areas to consider -

Do ALL individuals feel:

(1) included,

(2) safe to learn,

(3) safe to contribute, and

(4) safe to challenge the status quo,

all without the fear of embarrassment, marginalisation, or punishment.

Breakout Activity Three: Case Studies

• The Leader for this activity will be the person who has been with the organisation the longest.
• Your Leader will guide you through each of the Case Studies below and the related questions, ensuring that all members of the Team have had an opportunity to share their insights.

Case Study 1

Banter, Bullying or Harassment? What do you think?

Marketing and Events Assistant, Maria had to leave the office early to collect their child from school, they explained to a colleague that the child had been bullied by some classmates because of TICS caused by Tourette’s Syndrome. 

On their return to work the next day, some colleagues played what they considered to be a funny game of randomly calling out words, and mimicking tics.

Maria made it clear that they didn’t appreciate this behaviour but the colleagues continued with their “game” over the coming days. Maria feels intimidated and dreads going to work. 

What would you do to support Maria:

As a colleague? As their Manager?                                                                         

Banter, Bullying or Harassment? What do you think?

Harassment

“‘Banter’ is a loose expression, covering what otherwise might be abusive behaviour on the basis that those participating do so willingly and on an equal level.

It can easily transform into bullying when a subordinate employee effectively has no alternative but to accept/participate in this conduct to keep his or her job.”

Harassment occurs when there is unwanted conduct which has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for someone

Unwanted means unwelcome or uninvited 

Does not need to be towards or about worker personally

An express objection is not needed 

Case Study 2

Is this Victimisation? If so, why?

Senior Clerk, Lami, has recently had an informal discussion with HR since she believes that Practice Manager, Daan has discriminated against her because of her ethnicity.

Daan had, for example, made repeated comments regarding the “unprofessional” appearance of her natural hair, and aspects of her clothing which reflect her Nigerian heritage.

Daan was made aware of the HR meeting and now noticeably treats Lami differently; leaving her out of important emails, being critical when she seems unaware of changes that "everyone" was notified about and regularly interrupting and undermining her during meetings. 



Is this Victimisation? If so, why?

Case Study 3 - A female junior (7+ years’ call)

If brought to your attention, within the scope of your role, what would you do in this situation?

A female junior (7+ years’ call)

‘A judge once decided to remand my client mid-trial. When I tried to respond with his record of good attendance, he started shouting a long and unpleasant rant. I was “giving evidence”; I didn’t know what I was doing. By now my client had burst into tears. He was terrified and could see I couldn’t help.

“After sending him down, Judge wanted to discuss directions. By now I was struggling and asked for a moment to compose myself.

‘Judge said, “you’re going to cry aren’t you”. And then added that I was worse than the 16-year-old complainant who had cried during her evidence. Then he stormed out.  My client was acquitted, after a night in the cells” 

Case Study 4 - A male junior (8+ years’ call)

What would you do in this situation?

• If you were the male junior

• If you were co-defending counsel

A male junior (8+ years’ call)

‘I did a 6-week case. Every single time I stood up to ask a question I’d be interrupted by the Judge. It got so ridiculous that myself and my five co-defending counsel started keeping score of whether I was able to ask more than one question; I never was.

‘Finally, I asked for the jury to go out to raise it; Judge refused and said to the jury, “He is going to make a fuss.” In other words, I couldn’t do my job.’ 

Case Study 5 - A senior South Asian KC (20+ years’ call)

If brought to your attention, within the scope of your role, what would you do in this situation?

A senior South Asian KC (20+ years’ call)

‘My Judge ignored all the senior barristers of colour in my trial. He said, “I need a brain” to discuss his directions and asked the only available white barrister, who was more junior and further down the indictment, to address him. He then spent the rest of the trial making various references to my brain “not working the same as his”.’ 

Case Study 6 - A male KC

Within the scope of your role, what would you do in this situation?

A male QC

‘During a long fraud trial a few years ago, the Judge made everyone’s life hell except for the prosecution. He reduced one barrister to tears. He would regularly badger junior counsel with questions only their leader could answer.

It was a horrendous experience; I seriously considered leaving the Bar.’ 

Case Study 7 - A male junior (20+ years’ call)

What would you do in this situation?

A male junior (20+ years’ call)

‘A few years ago, I had a Judge who was so personally offensive that I dreaded going to court and I couldn’t sleep properly throughout. He would say things like, ‘I shouldn’t have to teach someone of your call how to prosecute a case properly’. He was just appalling; I am convinced that it impacted the jury’s mixed decision and it resulted in a re-trial that I refused to do.

It was arrogant, bullying, offensive behaviour by a Judge who knew I couldn’t respond.