Bullying and Harassment Policy
Bullying and Harassment Policy
Company: Blueflame Technologies Ltd
Last edit: March 2025
Editor: Kenneth Oyolla
Definitions
“Client” refers to any party and or person to whom BT provides any form of services
“Employee” means those employed by BT to render services to the company or client
“Host” means the person (including corporate persons) to whom a BT Maids of Honor, Domestic Worker Employee renders such services, and houses and or hosts a MOH either temporarily or permanently through an appropriate contract.
Blueflame Technologies Values
Blueflame Technologies (BT) is an equal opportunity employer, appreciates diversity and supports women empowerment. Blueflame advocates for dignity at the workplace and seeks to embed high ethical values and standards in employees and business partners. BT will in good faith endeavor to comply with the spirit and letter of the equality laws and other employment laws. BT will promote a good and harmonious working environment in which its employees will be treated with dignity and respect. In line with this policy BT will designate an officer within HR to handle all complaints filed in respect of breaches to this policy.
No bullying or harassment or sexual harassment within the firm or in connection with the work of the firm will be tolerated. Complaints of bullying or harassment may be dealt with either in a formal or an informal way, or by alternative means, as described below.
Complaints by employees or other persons in the workplace of bullying or harassment at work will be treated with fairness, sensitivity, respect and (as far as possible) confidentiality for all parties concerned. Any person accused of bullying or harassment will be afforded natural justice and treated with fairness and sensitivity.
Both the firm’s management and its employees have responsibilities for creating and contributing to the maintenance of a work environment free from bullying and harassment. Employees also have an obligation to cooperate with the investigation of complaints of bullying or harassment in the firm. Managers and supervisors have a particular responsibility to implement this policy and to make every effort to ensure that bullying and harassment does not occur, particularly in work areas for which they are responsible. Managers and supervisors have an obligation to deal promptly and effectively with any incidents of bullying or harassment of which they are aware or ought to be aware.
Bullying, sexual harassment and other forms of harassment or discrimination by employers, employees and non-employees such as clients, customers and business contacts will not be tolerated and may lead to disciplinary action (in the case of employees) and other sanctions, for example the suspension of contracts or services, or exclusions from premises (in the case of non-employees).
This policy will be read together with all employment contracts for all staff and clients and or Hosts to MOH and applies to all employees and governs interpersonal relations.
The rules apply to full time, part-time or casual, temporary or permanent staff; job candidates; student placements, apprentices, contractors, sub-contractors and volunteers and Hosts of Maids of Honor.
How BT provides services to clients and how it interacts with other members of the public
All aspects of employment, recruitment and selection; conditions and benefits; training and promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport
On-site, off-site or after-hours work; work-related social functions; conferences – wherever and whenever staff may be because of their BT duties; staff treatment of other staff, of clients, and of other members of the public encountered in the course of their BT duties.
Policy Objectives
BT is committed to providing a safe, flexible, ethical and honorable environment for staff and clients free from all forms of discrimination, bullying and sexual harassment. This policy is intended to ensure that all BT staff and clients or Hosts to MOH treat others with dignity, courtesy and respect.
By effectively implementing the Workplace discrimination and harassment policy BT intends to attract and retain talented staff and create a positive environment for staff and clientele whilst remaining an employer of choice for domestic workers because of its work environment.
Employee rights and responsibilities
Employees are entitled to work in an environment that is free from all forms of discrimination, bullying, and harassment, specifically: -
1. Recruitment and selection decisions based on merit and not affected by irrelevant personal characteristics
2. A work environment which is free from discrimination, bullying and sexual harassment
3. The right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner without being victimized.
4. Reasonable flexibility in working arrangements, especially where needed to accommodate their family responsibilities, disability, religious beliefs or culture.
All maids of honor are required to
1. Follow the standards of behavior outlined in this policy
2. Offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint
3. Avoid gossip and respect the confidentiality of complaint resolution procedures
4. Treat everyone with dignity, courtesy and respect.
Additional responsibilities of managers and supervisors
All executives, managers and supervisors must also: -
1. Model appropriate standards of behavior
2. Take steps to educate and make staff aware of their obligations under this policy and the law
3. Intervene quickly and appropriately when they become aware of inappropriate behavior
4. Act fairly to resolve issues and enforce workplace behavioral standards, making sure relevant parties are heard
5. Help staff resolve complaints informally
6. Refer formal complaints about breaches of this policy to the appropriate complaint handling officer for investigation
7. Treat hosts with dignity, courtesy and respect always
8. Ensure staff who raise an issue or make a complaint are not victimized
9. Ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made
10. Seriously consider requests for flexible work arrangements.
Hosts are required to
1. Follow the standards of behavior outlined in this policy which include but are not limited to
2. Offer support to any domestic worker who is deployed to them by BT who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint should this occur within their premises or residence
3. Treat MOH assigned to them with dignity, courtesy and respect.
4. Model appropriate standards of behavior to the MOH deployed to them
5. Take steps to educate and make staff aware of their obligations under this policy and the law
6. Intervene quickly and appropriately when they become aware of inappropriate behavior at their premises or residence
7. Act fairly to resolve issues and enforce workplace behavioral standards, ensuring that the MOH is heard
8. Help staff resolve complaints informally
9. Refer formal complaints about breaches of this policy to BT for investigation
10. Ensure staff who raise an issue or make a complaint are not victimized
Unacceptable workplace conduct
Discrimination, bullying, harassment and sexual harassment are unacceptable behavior at BT and are punishable offences under various pieces of legislation in Kenya. Victims are also entitled to compensation for any damages suffered as a result thereof.
Staff, clients and or Hosts of MOH found to have engaged in such conduct might be counselled, warned or disciplined. Any breaches can lead to formal discipline up to and including dismissal, civil lawsuit against the offender and in the case of Hosts, termination of contract.
Discrimination
Discrimination is defined as treating, or proposing to treat, someone unfavorably or less favorably than others or as may be prescribed by law because of a personal characteristic protected by the law, such as sex, age, race or disability.
Discrimination can occur: -
Directly, when a person or group is treated less favorably than another person or group in a similar situation because of a personal characteristic protected by law (see list below).
For
example, a worker is harassed and humiliated because of their race
A worker is refused promotion because of their age either too young or too old
when promotion is due
Indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law (see list below).
For example, redundancy is decided based on people who have had a worker’s compensation claim rather than on merit.
Protected personal characteristics against discrimination by law include: -
1. A disability, disease or injury, including work-related injury
2. Parental status or status as a career, for example, because they are responsible for caring for children or other family members
3. Race, color, descent, national origin, or ethnic background
4. Age, whether young or old, or because of age in general
5. Sex
6. Industrial activity, including being a member of an industrial organization like a trade union or taking part in industrial activity, or deciding not to join a union
7. Religion
8. Pregnancy and breastfeeding
9. Sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual
10. Marital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationship
11. Political opinion
12. Social origin
13. Medical record
14. An association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.
It is also against the law to treat someone unfavorably because it is assumed that they have a personal characteristic or may have it at some time in the future.
Harassment
Harassment is defined us unwanted, unwarranted, unbecoming conduct and or behavior by the offender, done with the aim of damaging or injuring a person’s (in this case the victim) dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person (victim). It has the effect of violating the victim’s dignity and or creating a hostile work environment for them. It includes: -
Physical conduct such as assaulting a person or making obscene gestures.
Verbal conduct such as making racist, sexist, sectarian or homophobic remarks; making derogatory comments about a person’s age or disability; or singing songs of this nature.
Visual or written material containing racist, sexist, sectarian, homophobic or other derogatory words or pictures (e.g. in posters, graffiti, letters or emails).
Isolating a person (e.g. “sending them to Coventry”) or refusing to co-operate or help them at work or by excluding them from work-related social activities.
Harassment may relate to discrimination because of Gender, Civil status, Family status, Religious belief (or lack thereof), Age, Disability, Race, color, nationality or ethnic or national origin; Forcing a person to offer sexual favors or to take part in religious or political activities.
Harassment may be: -
Verbal harassment – jokes, comments, ridicule or songs
Written harassment – including faxes, text messages, emails or notices
Physical harassment – jostling, shoving or any form of assault
Intimidation – gestures, posturing or threatening poses
Visual displays such as posters, emblems or badges
Excessive monitoring of work
Isolation or exclusion from social activities
Unreasonably changing a person’s job content or targets
Pressure to behave in a manner that the employee thinks is inappropriate, for example being required to dress in a manner unsuited to a person’s ethnic or religious background.
Harassment through social media
Unlike bullying, a single incident may constitute harassment
Bullying
Bullying at the workplace is different from harassment in that it is not strictly an equality issue but behavioral. It is defined as repeated inappropriate behavior, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the type of behavior contemplated by this definition may not be considered bullying and will be treated as such – one off for which a warning may be issued. It includes the use of force, threat, or coercion to abuse, intimidate or aggressively dominate others. The behavior is often repeated and habitual.
Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair work practices.
If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination.
By law, this behavior does not have to be repeated to be discrimination – it may be a one-off event.
Behaviors that may constitute bullying include:
Sarcasm and other forms of demeaning language and humiliation of victim
Threats, intimidation, aggression towards victim, (verbal or non-verbal) verbal abuse or shouting
Coercion
Isolation or exclusion with negative impact on the victim’s ability to execute their duties
Being treated less favorably than others in the group
Inappropriate blaming
Ganging up
Constant unconstructive criticism
Deliberately withholding information or equipment that a person needs to do their job or access their entitlements. Also includes undermining behaviour
Unreasonable refusal of requests for leave, training or other workplace benefits.
Intrusion, pestering or stalking
Bullying is unacceptable in BT and will not be condoned when committed by clients and or Hosts. It may also be considered an offence against occupational health and safety laws depending on the magnitude.
Sexual Harassment
Sexual harassment is a specific and serious form of harassment. Sexual harassment is defined as an unwelcome sexual behavior, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, verbal or written. It can include:
1. Comments about a person’s private life or the way they look
2. Sexually suggestive behavior, such as leering or staring
3. Brushing up against someone, touching, fondling or hugging
4. Sexually suggestive comments or jokes
5. Displaying offensive screen savers, photos, calendars or objects
6. Repeated unwanted requests to go out
7. Requests for sex
8. Sexually explicit posts on social networking sites
9. Insults or taunts of a sexual nature
10. Intrusive questions or statements about a person’s private life
11. Sending sexually explicit emails or text messages
12. Inappropriate advances on social networking sites
It is considered a serious offence for the BT employee to access access sexually explicit internet sites using the hosts or BT internet connectivity
Behavior that may also be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
Just because someone does not object to inappropriate behavior in the workplace at the time, does not mean that they are consenting to the behavior or that it is condoned at BT or at its clients or Hosts premises.
Sexual harassment is deemed to have occurred in the workplace when it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work and at the Hosts’ premises or residence.
All employees of BT, its volunteers, clients and or Hosts of MOH have the same rights and responsibilities in relation to sexual harassment.
A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated.
All incidents of sexual harassment – no matter how large or small or who is involved – require employers, managers, clients or Hosts to react and or respond quickly and appropriately as may be the case so as to stop the same and report to BT.
BT recognizes that comments and behavior that do not offend one person can offend another. This policy requires all staff and volunteers to respect other people’s differences and limits as prescribed within the law.
Victimisation
Victimization is defined as subjecting or threatening to subject someone to a treatment that is detriment to them because they have asserted their rights under equal opportunity law(s), made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law.
The act of victimisation also means to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.
Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator and or termination of contract in the case of a Host of MOH or client of BT.
BT has a zero-tolerance approach to victimisation.
It is unacceptable for staff at BT or their clients or Hosts to their employees to talk with other staff members, clients or suppliers about any complaint of discrimination or harassment.
Breaching the confidentiality of a formal complaint investigation or inappropriately disclosing personal information obtained in a professional role (for example, as a manager) is a serious breach of this policy and may lead to formal discipline and or termination of contract in cases where clients or Hosts are involved.
Assault and verbal abuse
BT will not condone any form of assault which is a crime under the laws of Kenya.
Assault is defined as making a physical (smack, violently push, thwack, punch or knock another etc) or to make verbal attack on someone.
Verbal abuse (verbal attack or verbal assault) is when a person forcefully criticizes, insults, or denounces someone else. It is characterized by underlying anger and hostility, it is a destructive form of communication intended to harm the self-concept of the other person and produce negative emotions. Verbal abuse is a maladaptive mechanism that anyone can display occasionally, such as during times of high stress or physical discomfort. For some people, it is a pattern of behaviors used intentionally to control or manipulate others or to get revenge.[1]
Any breaches must be reported to BT and investigated and appropriate actions taken.
Recruitment, Training and Promotion
All recruitment, selection, training decisions at BT will be based on merit – the skills and abilities of the candidate as measured against the inherent requirements of the position – regardless of personal characteristics. Hosts and clients are encouraged to adhere to these policies.
Resolving issues at Blueflame Technologies
BT strongly encourages any staff member or Host who believes they have been discriminated against, bullied, sexually harassed or victimized to take appropriate action by reporting the same to BT.
Any complaints must be made in writing detailing the occurrence of the incident and how it contravenes this policy and or the law.
Staff who do not feel safe or confident to take such action may seek assistance from BT HR Department or an independent lawyer or human rights organization for advice and support or action on their behalf.
Other relevant BT policies
Staff, especially managers and supervisors, are encouraged to read this policy in conjunction with other relevant MOH services related policies which include:
Occupational health and safety policy
Workplace complaint resolution policy and procedure
Discipline policy and procedure