Welfare Policy

Introduction

An allotment should be a place to relax and enjoy the pleasures of gardening.  Our aim is to make Leapool Allotments a welcoming, supportive and equitable environment for all our members and visitors.  Any tenant gardening in compliance with their tenancy agreement has a right to the quiet enjoyment of their allotment garden.  

The purpose of this Welfare Policy is to promote cordial relationships between members, especially those who are neighbours on the site.  It also sets out such procedures as may be necessary in the event of a dispute, a complaint or a violation of the rules.  It was written in consultation with both Gedling Borough Council (GBC) and the National Allotment Society (NAS) and is intended to support and clarify the Leapool Allotment Association (LAA) rules.

Support for Members

Our allotment community is made up of individuals who have a range of different skills, experiences, abilities and ideals.  New members in particular may find the task of managing an allotment daunting, and we are all likely to encounter problems from time to time.  Often, we can find answers by speaking to a more experienced neighbour on the allotment, by consulting books or by searching the internet but, when this is not enough, it is important to know where to go for help.  

Should a member be struggling to keep on top of their plot due to a temporary issue such as illness or injury, they should, in the first instance, notify the Committee by contacting the Secretary.  A support plan will then be put into place to provide the member with whatever assistance is necessary until they are able to resume care of their plot.  

New and inexperienced gardeners may benefit from being allocated a “Gardening buddy” they can go to for advice and guidance.  Any member may need to seek help with a particular task on their plot, such as re-roofing a shed or transporting large items to or from the allotment.  All requests for help or support should be made to the Secretary.  

Members who are willing to provide help or support should also contact the Secretary, who will keep a list of volunteers.

Difficulties between members

In accordance with LAA Rule number 3D, “Members must refrain from causing distress to other members through their words or actions”, we expect all members to treat one another with respect and consideration.

From time to time, misunderstandings occur and relationships between members may become strained.  We hope that you will be able to find a way to resolve tricky situations amicably, for example by talking things through but, if this is not working for you, you may wish to ask the Committee to intervene on your behalf.  A request for such support should generally be made via the Secretary, who will arrange for someone to mediate between you and the other member or members.    

Adherence to Legislation

Unfortunately, a situation may arise that is more serious than just a “minor dispute”.  The Equality Act (2010) makes it clear that individuals are protected from discrimination as either a member or a guest of a private club.  Accordingly, LAA will not tolerate any form of bullying, harassment or discrimination, and will take any such allegations seriously as set out in this policy document.  

The Act states that it is against the law to discriminate against anyone on the grounds of these “Protected Characteristics”:

• age
• gender reassignment
• being married or in a civil partnership
• being pregnant
• disability
• race including colour, nationality, ethnic or national origin
• religion or belief
• sex
• sexual orientation

In addition, individuals are protected if they are associated with someone who has a Protected Characteristic, such as a family member or friend, or if they have complained about discrimination or supported someone else’s claim.

The terms bullying and harassment are often used interchangeably.  The main difference is that bullying is not against the law, but harassment is.  Legally, harassment relates to the Protected Characteristics as set out above.

The Equality Act (2010) defines harassment as, “unwanted conduct related to a relevant Protected Characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”  ACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.”  

Bullying and harassment can be hard to recognise as they may not be obvious to others.  Either could comprise one serious incident or a series of smaller incidents whose cumulative effect creates a harmful impact.  Bullying and harassment are not only about the intentions of the perpetrator, but also about the impact the behaviour has on the individual recipient.

Examples of bullying and harassment include:

• Making offensive, threatening or abusive personal remarks,
• Insulting, shouting, swearing, gesturing, or using physical violence,
• Spreading malicious rumours,
• Using explicit or provocative language or gestures,
• Making unwanted physical or verbal contact or advances,
• Making unwelcome sexual advances such as touching, standing too close, displaying offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected,
• Making a person the butt of jokes, spreading rumours, or ridiculing in public,
• Setting unattainable deadlines or removing areas of responsibility,
• Ignoring or excluding someone from activities or social events,
• Cyber bullying; using bullying behaviour via social media, text or image-based digital communication,
• Copying documents (e.g. emails) that are critical about someone to others who do not need to know,
• Displaying circulating inappropriate or offensive material,
• Unwanted intrusive or persistent questioning, e.g. about someone’s ethnic or racial origins or sexual relations,
• Making threats or comments about a member’s tenancy or official role within the Association without foundation,
• Preventing individuals taking on a particular role by intentionally blocking them, e.g from standing for the Committee.

What to do if you feel you are the victim of bullying, harassment or discrimination.

1. Report your concerns to the Committee, generally by contacting the Secretary, in writing whenever possible.  
2. If you are unable to put your concerns in writing, contact the Committee through the Secretary, who will arrange for you to dictate a statement.  This will then be transcribed, and you will be asked to check and amend it, if necessary, then sign to say it is a true record of what you said. 
3. Keep notes of incidents including dates, times and places, as well as the names of any witnesses.
4. If appropriate, use technology to assist in gathering evidence in the form of video footage, photographs or audio recordings of incidents.  However, take care not to break the data protection laws as laid down in the Data Protection Act of 2018.  Before you make a voice recording or take video footage of an incident, consider asking the permission of those involved, stating how you intend to use the recording.  Should circumstances make this impractical, for example if a person was behaving very aggressively towards you, a covert recording could be made.  Material gathered in this way must only be shared with a third party if absolutely necessary, for example if reporting the incident to the police or if the Committee is investigating an allegation of bullying, harassment or discrimination.  
5. In the unlikely event that you feel you are in physical danger at any time, call the police immediately.

What action will be taken by the Committee?

1. At least two Committee members will make a thorough investigation into reports of bullying, harassment or discrimination.  They will seek to establish the facts by taking statements from the complainant, the alleged perpetrator and from any witnesses to the incident(s).  They will take into account the wishes of the complainant as to what would be, for them, a satisfactory outcome of the investigation. 
2. They will keep accurate records of all meetings and conversations, including dates and times and who was present.
3. They will seek advice from the NAS and/or GBC if needed.
4. They will endeavour to resolve the issue amicably if appropriate, for example, if it involved a genuine error of judgement, such as a light-hearted but possibly inappropriate comment causing offence.  Such a situation might best be resolved through mediation. 
5. If, after deliberation, it is considered appropriate to issue a warning or, in serious cases, to terminate a tenancy, a report will be prepared for discussion at the next meeting of the Committee before any action is taken.

Complaints against members of the Committee

If you are unhappy about any aspect of the way the site is being managed or have a complaint about the way you have been treated by the Committee, you should contact the Secretary of LAA in writing, giving full details of the issue.  The Secretary will issue a response on behalf of the Committee within 10 working days.  This will set out how your complaint will be investigated, identify the Committee member who will be leading the investigation and give some indication of how long the investigation is expected to take.  Every effort will be made to resolve the matter informally at the earliest opportunity.  Should your complaint relate directly to a member of the Committee, then that person will not be involved at any point in the process.

A report on the findings of the investigation will be prepared for consideration by the Committee at their next meeting.  Following this meeting, normally within 10 working days, the Secretary will write to inform you of the outcome.  Where a decision has been made, you will be given full details, including the reasons behind the Committee’s decision together with any further action they deem to be necessary.  If the Committee feels more time is needed to complete the investigation, you will be informed as to why this is considered necessary.  The Chair may decide to call a special Committee meeting where you will be able to make representation.

Appeals Procedure

A member who has made a complaint, or who has been sanctioned or given notice to quit their plot by the Committee may lodge an appeal against the Committee’s decision.  This must be done in writing no more than 10 days from the date of the notification of the Committee’s decision, and must set out the grounds for the appeal.  

The grounds for the appeal will be fully investigated by the Chair, and his or her decision will be communicated to those concerned within 10 days of the conclusion of this investigation.

If a tenant is not satisfied with the outcome of the appeal, they can refer their complaint to GBC Parks and Green Spaces Department.  Contact details can be found on the GBC website, or write to Gedling Borough Council, Civic Centre, Arnot Hill Park, Arnold, Nottingham NG5 6LU.

If a tenant does not agree with the Council’s findings of the complaint, he or she may refer their complaint to the Local Government Ombudsman at www.lgo.org.uk/complaint-form.

References

Workplace health, safety and welfare: Approved Code of Practice: Workplace (Health, Safety and Welfare) Regulations 1992 – Health & Safety Executive

The Health and Safety Executive website www.hse.gov.uk

Allotments Stockport Model Policies document accessed online 21.12.22 www.allotmentsstockport.org/model-policies

gov.uk/workplace-bullying-and-harassment accessed 3.1.23

NAS Harassment Support Document dated 5.10.17