Principles for dealing with offensive behaviour

Employees who are subjected to offensive behaviour have the right to speak up and make their objections known. Colleagues who witness offensive behaviour are encouraged to respond by showing collegial care and support.

If employees experience situations they perceive as offensive, they are advised talk to someone about it. Employees can talk to a colleague and also, in confidence, approach the union representative or the occupational health and safety representative. This applies to both the person who is subjected to the offensive behaviour and the person who is perceived to have behaved offensively. Employees can also contact SDU’s staff psychologist confidentially.

If the situation cannot be resolved between those directly involved, the employee can contact their line manager. If the offensive behaviour directly involves the line manager, the employee can contact the line manager’s manager. If the employee feels apprehensive about contacting management, the employee can consult with their union representative or health representative about the incident. The manager cannot guarantee confidentiality. Read more below about management’s obligation to act.

Reports of offensive behaviour must be dealt with as soon as possible. Show discretion to all persons involved and do not draw hasty conclusions. Make it clear that offensive behaviour is unacceptable and must cease immediately.

Investigation of the incident should help the manager decide what to do next. It is important to conduct an impartial investigation. Everyone involved must feel that their version of the story is being heard and taken seriously. It is only natural that there will be different perceptions of a case or a conflict. Have the parties involved – including any witnesses – describe the course of events.

The manager may have an obligation to take notes and take action in cases of offensive behaviour. This depends on the severity of the offense. The manager has an obligation to take notes when they receive information about the factual basis of the case which is relevant to settling the case. The manager may have an obligation to act, for example, in the event of alleged sexual harassment or breach of employment relationship; in this case, the manager may be obliged to proceed with the case.

The manager cannot guarantee anonymity to employees who contact them. Whether an employee can remain anonymous depends on a specific assessment of the conflicting interests of the parties involved, including taking into account the other party’s ability to represent their interests in the case. 

The manager should approach cases with the aim of de-escalating conflict. Cases involving offensive behaviour should, in principle, be approached with a non-punitive attitude. However, clear sanctions are necessary if the problems persist or if a single incident of offensive behaviour has been of a particularly serious nature.

Some cases may be closed after examination of the specific circumstances if the manager assesses that it is not a case of offensive behaviour. In other cases, dialogue between the parties may resolve the situation. Finally, there may be reports that must be treated as official complaints or as a breach of employment relationship. 

It may be necessary to actively counter rumours, e.g. via information to colleagues.

Support the employee who has experienced the behaviour as offensive, employees who are unfairly accused of offensive behaviour, as well as witnesses of offensive behaviour. Everyone may have the need for a special effort to re-establish relationships with colleagues.

Individual acts of offensive behaviour of a particularly serious nature can be traumatising, and in such situations the employee should be offered psychological first aid.

If necessary, SDU HR can assist with dialogue and conflict management between the parties and advise on the proper handling of the case and whether the case should be reported as a work-related injury/occupational disorder.

Do not bring up specific cases in common forums. Specific cases must be handled with discretion in the interests of those implicated. But it is a shared responsibility to have and maintain a good working environment. Offensive behaviour is to be prevented with information and knowledge about what offensive behaviour is and what can be done about it.