DIGNITY AT WORK POLICY INCLUDING TACKLING HARASSMENT AND BULLYING POSITIVELY IN THE WORKPLACE PROCEDURE
Responsible Directorate:
Human Resources
Responsible Director:
Sue Ellis
Date Approved:
8 August 2008
Committee:
Governance Committee
Version Control.
Document Title Document number Author Contributors Version Date of Production Review date Postholder responsible revision Primary Circulation List Web address Restrictions
Dignity at Work Policy/Tackling Harassment and Bullying Positively in the Workplace Procedure 2 Barry Lane HR/OD SS Team 1 July 2008 December 2009 for Assistant Director of HR All staff www.kirkleespct.nhs.uk none
Standard for Better Health Map.
Domain
Third-Governance
Core Standard Reference
C7e Challenge discrimination, promote equality and respect human rights 1. Staff Opinion Survey 2. HR Scorecard 3. Reported casework
Performance Indicators
Page 1 of 22
Contents
Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Appendices
Page Dignity at Work Policy Policy/introduction to the document Associated policies & procedures Aims & Objectives Scope of Policy Accountabilities & responsibilities Equality Impact Assessment Training Needs Analysis Monitoring compliance with this policy & procedure References Stakeholders Tacking harassment and bullying positively in the workplace procedure Introduction Definitions Legal position Scope of the procedure Informal/first stage of the procedure Formal/second stage of the procedure Appeal Procedure where the concerns are relating to an individual who is not an employee of the organisation Responsibilities Counselling & support Malicious allegations Review of the procedure
14 16 16 16
Appendix 1 – Definitions of Harassment, bullying & victimisation Appendix 2 – Harassment & bullying appeal notification form Appendix 3 – Equality Impact Assessment Tool
17 19 21
Page 2 of 22
3 3 3 3 3 5 5 5 6 6
7 7 9 10 10 12 13 13
1.
Policy statement.
1.1
It is the policy of the Trust that all staff within the organisation should be treated with dignity and respect at all times.
1.2
The Trust is committed to equality of all staff in the workplace and to the development and promotion of a diverse workforce that reflects the diverse nature of the population that we serve and therefore aim to create a culture in which all staff are treated respectfully. The Trust wishes to adopt a policy of zero tolerance towards any one including the public, patients, independent contractors and private contractors) who bully or harasses staff.
1.3
It is the policy of the Trust that any complaints or concerns raised about inappropriate behaviour will be dealt with promptly, fairly and in accordance with the Trust’s Procedure on Tackling Bullying and Harassment Positively in the Workplace.
2.
Associated Policies and Procedures.
This policy/procedure should be read in accordance with the Trust’s following policies, procedures and guidance: • 3.
Diversity and Equality Opportunities in Employment Aims and Objectives.
See paragraphs 1.1 to 1.3 above. 4.
Scope of the Policy/Procedure
This policy/procedure must be followed by all NHS Kirklees employees and staff on temporary or honorary contracts as well as bank staff and students. 5.
Accountabilities & Responsibilities
The responsibility of NHS Kirklees is as follows:
To ensure that the Dignity at Work policy is adopted and acted upon within the organisation. To ensure that the procedure for positively handling harassment and bullying is implemented consistently within the organisation. NHS Kirklees will ensure that all concerns are dealt with swiftly and fairly and in accordance with the procedure. The Trust accepts that it has a responsibility to protect all employees from harassment and bullying at work from whatever source. To ensure appropriate training is developed to ensure managers and staff are aware of their responsibilities. The Trust will ensure that any employee raising a concern about someone’s behaviour will be protected from victimisation. The Trust will ensure that trade union representatives are allowed paid time off to support and represent employees and to attend training courses on this issue. Page 3 of 22
The responsibility of directors and managers are as follows:
Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Managers have a duty to establish and maintain a safe working environment, free from personal harassment and bullying. Attend training and awareness-raising sessions on harassment and bullying and how to deal with it. Ensure all staff that they are responsible for who have line management or supervisor responsibilities are aware of the policy and procedure and have attended the appropriate training. Inform the Human Resources team of any informal or formal complaints of any inappropriate behaviour and seek their advice on how to deal with any such issue. Deal swiftly and fairly with any complaints made to them by any members of staff. Ensure letters are sent to staff who raise concerns outlining the course of action to be taken and/detailing any actions agreed. Participate as an investigating officer when requested.
The responsibilities of individual staff members are to:
Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Ensure they are aware of the details of the Dignity At Work Policy and this procedure. Report any incidences of concern regarding someone’s behaviour towards another that is directly witnessed by yourself to your line manager. If you have raised concerns about someone else’s behaviour towards yourself to participate openly and honestly with the procedure outlined and make every effort to seek a positive and satisfactory outcome. If someone has raised concerns about your behaviour to participate openly and honestly with the procedure outlined and make every effort to seek a positive and satisfactory outcome.
The responsibilities of the Human Resource team are as follows:
Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Ensure you are aware of the details of the Dignity At Work Policy and this procedure Ensure that the policy and procedure is implemented fairly and consistently and within current best practice and employment law at all times. Ensure the policy and procedure is widely distributed and that staff are made aware of the procedure. Ensure sufficient training is made available for all line managers and supervisors. Monitor reports of both informal and formal complaints of harassment, bullying and inappropriate behaviour and take any action necessary to address any areas of concern and report the monitoring to the partnership forum on an annual basis. To attend informal meetings and act in a facilitative role to try to seek a Page 4 of 22
satisfactory resolution. To participate as an investigation team member or an appeal panel member as requested ensuring adherence to best practice and current employment law at all times Ensure comprehensive notes of all meetings are taken. Assist managers with the drafting of letters to be sent to all parties following informal and formal meetings.
The responsibilities of the trade union officers are as follows:
Ensure you are aware of the details of the Dignity At Work Policy and this procedure Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Attend training and awareness-raising sessions on harassment and bullying and how to deal with it. Encourage trade union members to participate openly and honestly in any informal or formal meetings held as part of this procedure Attend appeal panel hearings if requested. Provide appropriate support to staff at all stages of the procedure.
The responsibilities of non-executive and professional executive committee members are as follows: 6.
Ensure you are aware of the details of the Dignity At Work Policy and this procedure Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Equality Impact Assessment.
All public bodies have a statutory duty under the Race Relation (Amendment) Act 2000 to “set out arrangements to assess and consult on how their policies and functions impact on race equality.” This obligation has been increased to include equality and human rights with regard to disability age and gender. NHS Kirklees aims to design and implement services, policies and measures that meet the diverse needs of our service, population and workforce, ensuring that none are placed at a disadvantage over others. In order to meet these requirements, a single equality impact assessment is used to assess all its policies/guidelines and practices. This document was found to be compliant with this philosophy. 7.
Training Needs Analysis.
See section regarding responsibilities. 8.
Monitoring Compliance with this Policy / Procedure.
The policy and procedure will be monitored via the following:. Staff Survey, HR Scorecard and reported casework. The HRSS team will provide regular reports to PCT Managers/Committees as agreed locally.
Page 5 of 22
9.
References
See procedure section 3.3 regarding legislation.
10. Stakeholders •
Staff Partnership Forum
•
Senior Management Team
•
Barry Lane, Senior HR Manager
Page 6 of 22
TACKLING HARASSMENT AND BULLYING POSITIVELY IN THE WORKPLACE PROCEDURE
1
INTRODUCTION
1.1
The policy and procedure will be widely distributed and awareness sessions held for all staff.
1.2
Training will be provided for all managers to ensure that they have a full understanding of their role in the prevention of inappropriate behaviour and in dealing with any cases.
1.3
All members of staff have a responsibility to ensure that their behaviour and conduct is appropriate at all times. All employees are also responsible for helping the organisation to tackle inappropriate behaviour by ensuring that any incidence of inappropriate behaviour they observe is reported to a senior manager.
1.4
Senior managers, Board and Professional Executive Committee (PEC) members should be particularly aware of the additional responsibilities their status confers as they are expected to demonstrate behaviour that is beyond reproach at all times and set an example to the organisation.
1.5
The main aim of this procedure is to ensure any issue or concern is addressed promptly and fairly to ensure a good, productive working relationship is developed and maintained between all staff. The aim therefore is to seek a speedy and positive resolution to any issue with all parties concerned to ensure this occurs and is not therefore to focus on blame and punishment which can be considered negative and unproductive.
1.6
The organisation will ensure that all issues are addressed and a high level of confidentiality is maintained for all staff through all stages of this procedure as far as can be maintained whilst undertaking full and fair investigations.
2
DEFINITIONS
2.1
Under the NHS Agenda for Change Terms and Conditions Handbook Section 32 Dignity at Work, all NHS organisations are required to develop a dignity at work policy and procedure for dealing with complaints. There are a number of varying definitions that can be used for harassment, bullying and victimisation. It is acknowledged that there is no one definition of harassment or bullying. For the purposes of this policy and procedure therefore the definitions from Section 32 of the Terms and Conditions Handbook have been used.
2.2
Harassment is defined as “any conduct based on age, sex, sexual orientation, gender reassignment, disability, HIV status, race, colour, language, religion, political, trade
Page 7 of 22
union or other opinion or belief, national or social origin, association with a minority, domestic circumstances, property, birth or other status which is unreciprocated or unwanted and which affects the dignity of men and women at work.” 2.3
Bullying is defined as “the unwanted behaviour, one to another, which is based upon the unwarranted use of authority or power”.
2.4
“At work” includes any place where the occasion can be identified with either the requirements of the employer, or with social events linked to the same employment. It includes any place where NHS care is delivered. This can also include any incidents that occur out of the workplace but which occur because of the work relationship
2.5
Victimisation occurs when someone is treated less favourably because they have raised a complaint or assisted someone else in raising a complaint.
2.6
Examples of harassment, bullying and victimisation are listed in Appendix 1. It should be noted however that these lists are indicative only and are not considered to be exhaustive.
2.7
In all cases it will be for the recipient to decide what they consider is inappropriate behaviour. It should be noted however that where a complaint is handled formally and is investigated it is for the line manager/director to decide on the basis of the investigation report and details from any subsequent hearing if the alleged behaviour was inappropriate.
3
LEGAL POSITION
3.1
There is no one piece of employment legislation which covers harassment and bullying. An employee cannot make a direct complaint to an employment tribunal about bullying however they may have recourse through one of several pieces of discrimination law, each of which has a definition regarding particular types of harassment. In extreme cases where bullying or harassing behaviour causes an employee to resign the individual may have a potential claim for unfair constructive dismissal.
3.2
There is no limit to the compensation that can be awarded by an employment tribunal for acts of harassment. Employees should also note that they may be personally liable in law for their acts or omissions. The Trust may also be vicariously liable for the acts or omissions of employees unless they can demonstrate that appropriate action has been taken to prevent it.
3.3
The relevant law on harassment and bullying is contained in the following:
Health and Safety At Work Act 1974 Sex Discrimination Act 1975 Race Relations Act 1976 Public Order Act 1986 Criminal Justice and Public Order Act 1994 Disability Discrimination Act 1995 and 2005 Page 8 of 22
Protection from Harassment Act 1997 Public Interest Disclosure Act 1998 Race Relations Amendment Act 2000 Criminal Justice and Police Act 2001 Anti-Terrorism, Crime and Security Act 2001 (cites religiously aggravated harassment as a criminal offence) Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 Employment Act 2002 (Dispute Resolution) Regulations 2005 Employment Equality (Sex Discrimination) Regulations 2005 Employment Equality (Age) Regulations 2006 (effective October 2006) Gender Equality Duty (Part of the Equality Bill expected to be effective in April 2007) Common Law Case Law on Unfair Dismissal
4
SCOPE OF THE PROCEDURE
4.1
This procedure applies to all employees of the organisation. This includes temporary or agency staff, staff on honorary contracts, contractors and officers including NonExecutive Directors (NEDs) and Professional Executive Committee (PEC) members.
4.2
It is the policy of the organisation that everyone should be treated with dignity and respect at all times. It should be noted that the Dignity at Work Policy/Tackling Harassment and Bullying Positively in the Workplace Procedure should be referred to where there are allegations of inappropriate behaviour from a patient/client or their relatives/carers as that is not within the remit of this procedure.
4.3
The Trust also has a duty to protect employees from inappropriate behaviour from employees of other organisations with whom they may legitimately come into contact with as part of their work with the organisation and takes any such complaints seriously. Details on how this should be handled are addressed in section 8.
5
INFORMAL/FIRST STAGES OF THE PROCEDURE
5.1
If an employee has a concern that they are being subjected to inappropriate behaviour of any sort they should seek the advice of a member of the Human resources (HR) team who will advise them on the options available to address this and advise them on how they can access support (eg through the staff counselling service). An employee may also choose to seek the advice of their trade union representative.
5.2
The individual may choose to speak to a member of the human resources team in confidence about an issue however employees must be made aware that if this is stated the human resources team will not be able to deal with this issue or address it in any way. In these instances they will only be able to provide the employee with informal advice and guidance on the options open to them.
Page 9 of 22
5.3
In cases where the allegation is of a very serious and/or potentially criminal nature the HR adviser may have a duty to report this further even if an employee has asked for the issue to be kept in confidence so that it can be addressed. If this is the case the HR adviser will inform the individual about this and tell them who they will be reporting this to.
5.4
It should be noted that there is no one way of dealing with concerns about inappropriate behaviour as each case should be treated individually according to the circumstances and severity of the case. At all stages the primary aim should be to achieve a positive and satisfactory working relationship whilst giving due regard to the feelings and concerns of the individuals involved.
5.5
If the employee wishes they may choose to put their concerns informally in writing to the individual explaining that they feel that this behaviour is inappropriate and asking for it to stop. They will be supported in this by an HR adviser or their trade union representative. It is acknowledged however that many individuals may not feel able or willing to do this. An individual may choose to ask someone else (i.e. colleague, trade union representative or confidential counsellor) to act on their behalf.
5.6
In most cases individuals should work with their line manager and/or an HR adviser to seek a positive resolution to the situation or concern in an informal but supported way. In the first instance employees will be required to state clearly their specific concerns either in writing or verbally in a meeting where comprehensive notes will be taken. Details will include specific examples of behaviour, dates and times if available and details of any other people present who may have witnessed this behaviour.
5.7
The informal stage should comprise a facilitated meeting of all parties with a senior line manager and HR adviser present. Both the individual raising the concern and the individual against whom the allegations are being made have the right at all stages of both the informal and formal stages to be accompanied by a trade union representative or friend not acting in a legal capacity. The aim of this meeting is to outline the particular concerns and to focus on seeking a positive resolution to the situation to enable all parties to develop and maintain a positive working relationship where all parties have regard for the dignity and respect of others at work. Notes will be taken at the meeting and a letter sent to all parties following the meeting outlining the concerns raised and any actions agreed.
5.8
In some circumstances it may be considered more appropriate to hold separate meetings with the individual raising the concern followed by a meeting with the individual against whom the allegations have been made to try to identify the root causes of the problem and to discuss potential solutions. This may necessitate a series of meetings or a joint meeting of all parties at a later date when the circumstances of the situation have been explored to enable a way forward to be discussed and agreed. In all meetings notes will be taken and a letter sent to all parties following the meeting outlining the concerns raised and any actions agreed.
5.9
In circumstances where the concerns are relating to the behaviour of the individual’s line manager the director will usually convene the informal meetings. If the behaviour of the director is a cause for concern another senior manager/director from within the
Page 10 of 22
organisation will be requested to undertake this role. 6
FORMAL/SECOND STAGE OF THE PROCEDURE
6.1
Where a case has not been resolved at the first stage the case may be referred on to the second and formal stage of the procedure where a full formal investigation will be carried out.
6.2
Some incidences, particularly those of a serious nature, may be referred straight to the second stage. This decision should be taken by the line manager/director in association with a senior member of the HR team. Issues that will be taken into consideration are whether the incident is potentially criminal e.g. a physical or sexual assault has been alleged, whether the incident is potentially racial or sexual in nature, the seniority or position of the individual against whom the allegations have been made (potential abuse of power), the nature of the allegations (whether the incidents could be considered deliberate and malicious) and whether the allegations could be considered to constitute gross misconduct. This list is not intended to be exhaustive but provides an example of some of the issues that should be considered. If an action is potentially criminal, legal or police advice will be sought. A full investigation will be carried out under the terms of the Trust’s disciplinary procedure and may result in disciplinary sanctions being taken. It should be noted that harassment and bullying can constitute gross misconduct.
6.3
The line manager/director will appoint an investigation team of a senior manager who will act as the investigation officer supported by an HR adviser. The investigating officer should be from outside the team/area in which the individuals’ work. In issues of sexual or racial allegations efforts will be made to ensure that one member of the investigating team is of the same sex or from the same racial group as the individual making the allegation however the organisation accepts that this is not always possible. In cases where this is not the case the investigation team may choose to seek external advice on this issue from an appropriate person or external body. Whilst this investigating team should usually be from within the organisation there may be occasions (egg to ensure complete impartiality) where the assistance of a suitably trained and experienced person from outside the Trust will be sought. In such cases this will be discussed in advance with the employees’ trade union representative or a member of the Trust’s partnership forum.
6.4
The investigating team will be charged with undertaking a full investigation into the facts of the case. They will be provided with any notes or letters already produced as part of the earlier stages of this procedure. The investigation team will be expected to produce a factual report in a timely manner. This report should include a summary of the findings of the investigation and should be presented to the line manager/director.
6.5
It is the responsibility of the line manager/director to consider the report and its’ findings and decide on the appropriate course of action including consideration of whether the disciplinary procedure needs to be invoked.
6.6
Where an allegation results in a disciplinary hearing the individual or individuals making the initial complaint should be aware that they will not be informed of the
Page 11 of 22
outcome of the hearing for reason of strict confidentiality. 7
APPEAL
7.1
Both parties have the right to appeal.
7.2
The individual who has raised the concerns or allegations may appeal if they feel that this procedure has not been carried out in a fair and objective manner, if the process of the investigation has been unfairly or poorly carried out or if the disciplinary procedure was not followed properly. The individual has no right of appeal against any action that was or was not carried out as a consequence of this procedure or the discipline procedure. This particularly applies to the perceived severity or leniency of any action taken.
7.3
The individual against whom the allegations have been made has the right of appeal if they feel that the process of the investigation or subsequent application of the disciplinary procedure has been unfairly or poorly carried out or agreed. It should be pointed out that the individual also has a right of appeal against the severity of any disciplinary action taken and the details of this are outlined in the disciplinary procedure.
7.4
Any individual wishing to appeal under this procedure should do so within 3 weeks of receipt of the letter confirming the outcome of the investigation or disciplinary. The appeal should be lodged by completing the appeal notification form attached as appendix 2 to this procedure and returning it to the Director of Human Resources.
7.5
The appeal panel will comprise a director/chief executive of the Trust (who have not been involved in any previous stages), a trade union representative and the Director of Human Resources or a nominated deputy. The Director of Human Resources will provide advice and support on the process and procedure as well as taking comprehensive notes of the appeal. Whilst this appeal panel should usually be from within the organisation there may be occasions (egg to ensure complete impartiality) where the assistance of a suitably trained and experienced person from outside the Trust will be sought (egg a full time trade union officer). In such cases the reasons for this will be discussed in advance with the employees’ trade union representative or a member of the Trust’s partnership forum.
7.6
The decision of the appeal panel is final. The appeal panel will make every effort to make a decision on the day of the hearing however where this is not possible a letter will be sent to the appellant within 2 working days of the hearing.
8
PROCEDURE WHERE THE CONCERNS ARE RELATING TO AN INDIVIDUAL WHO IS NOT AN EMPLOYEE OF THE ORGANISATION
8.1
The procedure to be followed will depend on the nature of the allegation and the relationship of the individual against whom the concerns have been made to the organisation. The employee should raise the concern in the first instance with their line manager or a member of the HR team.
Page 12 of 22
8.2
In some instances it may be appropriate for the line manager or the individual to have an informal discussion with the individual who has caused concern to make them aware of the concerns and ask for that behaviour to stop.
8.3
In cases where this is not felt appropriate or where the allegations are of a more sustained or serious nature then the director should be informed. The director, in association with the Director of Human Resources will then send a letter to the Chief Executive or senior officer in the individuals’ employing organisation outlining the concerns, explaining that the Trust takes such allegations very seriously and has a policy of protecting all staff from such inappropriate behaviour and requesting that the organisation ensures that this is stopped.
9.0
RESPONSIBILITIES
9.1
The responsibility of the Trust is as follows:
9.2
To ensure that the Dignity at Work policy is adopted and acted upon within the organisation. To ensure that the procedure for positively handling harassment and bullying is implemented consistently within the organisation. The Trust will ensure that all concerns are dealt with swiftly and fairly and in accordance with the procedure. The Trust accepts that it has a responsibility to protect all employees from harassment and bullying at work from whatever source. To ensure appropriate training is developed to ensure managers and staff are aware of their responsibilities. The Trust will ensure that any employee raising a concern about someone’s behaviour will be protected from victimisation. The Trust will ensure that trade union representatives are allowed paid time off to support and represent employees and to attend training courses on this issue.
The responsibility of directors and managers are as follows:
Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Managers have a duty to establish and maintain a safe working environment, free from personal harassment and bullying. Attend training and awareness-raising sessions on harassment and bullying and how to deal with it. Ensure all staff that they are responsible for who have line management or supervisor responsibilities are aware of the policy and procedure and have attended the appropriate training. Inform the Human Resources team of any informal or formal complaints of any inappropriate behaviour and seek their advice on how to deal with any such issue. Deal swiftly and fairly with any complaints made to them by any members of staff. Ensure letters are sent to staff who raise concerns outlining the course of action to be taken and/detailing any actions agreed. Participate as an investigating officer when requested.
Page 13 of 22
9.3
The responsibilities of individual staff members are to:
9.4
The responsibilities of the Human Resource team are as follows:
9.5
Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Ensure they are aware of the details of the Dignity At Work Policy and this procedure. Report any incidences of concern regarding someone’s behaviour towards another that is directly witnessed by yourself to your line manager. If you have raised concerns about someone else’s behaviour towards yourself to participate openly and honestly with the procedure outlined and make every effort to seek a positive and satisfactory outcome. If someone has raised concerns about your behaviour to participate openly and honestly with the procedure outlined and make every effort to seek a positive and satisfactory outcome.
Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Ensure you are aware of the details of the Dignity At Work Policy and this procedure Ensure that the policy and procedure is implemented fairly and consistently and within current best practice and employment law at all times. Ensure the policy and procedure is widely distributed and that staff are made aware of the procedure. Ensure sufficient training is made available for all line managers and supervisors. Monitor reports of both informal and formal complaints of harassment, bullying and inappropriate behaviour and take any action necessary to address any areas of concern and report the monitoring to the partnership forum on an annual basis. To attend informal meetings and act in a facilitative role to try to seek a satisfactory resolution. To participate as an investigation team member or an appeal panel member as requested ensuring adherence to best practice and current employment law at all times Ensure comprehensive notes of all meetings are taken. Assist managers with the drafting of letters to be sent to all parties following informal and formal meetings.
The responsibilities of the trade union officers are as follows:
Ensure you are aware of the details of the Dignity At Work Policy and this procedure Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times. Attend training and awareness-raising sessions on harassment and bullying and how to deal with it. Encourage trade union members to participate openly and honestly in any informal or formal meetings held as part of this procedure Attend appeal panel hearings if requested. Provide appropriate support to staff at all stages of the procedure. Page 14 of 22
9.6
The responsibilities of non-executive and professional executive committee members are as follows: ƒ ƒ
Ensure you are aware of the details of the Dignity At Work Policy and this procedure Behave in an appropriate manner that has regard for the dignity and respect of other members of staff at all times.
10
COUNSELLING AND SUPPORT
10.1
The organisation recognises that it can be stressful for staff to raise a concern about inappropriate behaviour under this procedure. Staff members can seek support from a member of the HR team (this person will not be involved in any later stages of this case), the staff counselling service through the occupational health service, their trade union representative or from a harassment advisor. External sources of support include the Citizens Advice Bureau, XX National Workplace Bullying Advice Line (01235) 212286 or the ACAS national helpline. Staff can also be accompanied at all stages of the procedure by a trade union representative or friend not acting in a legal capacity.
10.2
The organisation also recognises the stress caused to staff when a concern has been raised about their behaviour. Staff members can seek support from a member of the HR team (this person will not be involved in any later stages of this case), the staff counselling service through the occupational health service, their trade union representative or from a harassment advisor. Staff can also be accompanied at all stages of the procedure by a trade union representative or friend not acting in a legal capacity.
11
MALICIOUS ALLEGATIONS
11.1
Following the second stage of the procedure if the allegations are proved to without foundation and it is considered that the allegations have been made maliciously or with deliberate intent to cause distress then this may be considered as an issue of misconduct and the discipline procedure may be invoked.
12.0
REVIEW OF THE PROCEDURE
12.1
This procedure will be reviewed by December 2009 and a minimum of three years thereafter.
Page 15 of 22
APPENDIX 1 DEFINITIONS OF HARRASSMENT, BULLYING & VICTIMISATION HARASSMENT The common characteristic of harassment is that the behaviour is unwanted. It may be persistent or it may be an isolated incident. The key is that the actions or comments are viewed as demeaning or unacceptable to the recipient.
Unnecessary physical contact ranging from touching, standing too close to serious assault. Verbal and written harassment through jokes, letters, emails, offensive language. Visual display of offensive materials such as posters, graffiti or cartoons. Isolation or non-co-operation at work, including work-related social activities Coercion such as demands for sexual favours Intrusion by pestering, spying Use of graphic pornography in the workplace. Innuendo, mockery or jokes relating to race, age, gender, sex, sexual orientation, political affiliations, etc. Displaying, viewing or circulating racial, sexually or other offensive material or graffiti. Unwarranted, intrusive and persistent questions about a persons’ marital status, sexual interests or orientation, religious beliefs, ethnic origin or culture. Unwelcome attention such as following, pestering, overly familiar behaviour or other unwelcome verbal or physical attention. Making or sending unwanted, sexually suggestive, hostile or personally intrusive phone calls, emails, faxes or letters. Behaviour which ridicules or mocks someone’s disability Offensive, insensitive or derogatory comments or language when describing someone with a disability. Unacceptable patronising or belittling behaviour based on age, disability etc.
This list is not exhaustive.
BULLYING Bullying is generally behaviour that frequently manifests itself as a misuse of power. Bullying can also occur between people who are not in line management relationships as the abuse of power can be from the force of someone’s personality rather than just authority. It is usually persistent behaviour but not exclusively so as instances of oneoff bullying occurrences can also cause concern. These can include:
Physical assault including hitting, pushing, etc. Damaging or stealing personal possessions Persistent and unwarranted criticism of an individual Shouting at colleagues in public or private Deliberate isolation by ignoring or excluding a person Page 16 of 22
Withholding information or removing areas of responsibility without reasonable justification Setting objectives/targets with impossible deadlines, overloading the individual or constant criticism with the deliberate intention of undermining the individual Deliberate misrepresentation of the views of the individual to senior management or of the views of senior management to the individual about them. Making inappropriate personal comments. Blocking leave or training requests without due reason Undermining a persons self respect by condescending, paternalistic, ridiculing or threatening treatment that humiliates, intimidates or demeans. Spreading malicious rumours, or insulting someone (particularly on the grounds of race, sex, age, disability, sexual orientation, religion or belief) Copying memo’s or emails that are critical about some to others who do not need to know Exclusion or victimisation Unfair treatment. Name calling Irrational and unpredictable attacks on an individual Sudden rages or displays of temper against an individual or group of staff often for trivial reasons Making threats or inappropriate comments about career prospects or job security.
Characteristics of bullies include:
They consider that they are never wrong They blame anyone but themselves They are often poor communicators They need to have control and/or be vindictive They frequently criticise minor mistakes but fail to give recognition for valuable work contributions They are sarcastic or patronising They ignore a member of staff or spread malicious rumours or gossip about them
This list is not exhaustive.
VICTIMISATION Victimisation occurs if an employee is treated less favourably because they have raised a complaint against someone or assisted someone else in doing so. This can include many aspects listed under harassment and bullying including:
Ignoring someone Excluding them from social or other occasions
This list is not exhaustive.
Page 17 of 22
APPENDIX 2 HARASSMENT AND BULLYING APPEAL NOTIFICATION FORM Only complete and return this form if you wish to appeal against the outcome This form should be completed and submitted within 3 weeks of the date of receipt of the letter confirming the outcome to the Director of Human Resources.
NAME:
JOB TITLE:
DEPARTMENT:
PCT:
WORK TELEPHONE NUMBER:
TRADE UNION/STAFF REPRESENTATIVE:
DATE OF MEETING:
STAGE OF PROCEDURE INFORMAL/FIRST/SECOND
MANAGER AT MEETING
Page 18 of 22
BASIS OF THE APPEAL
Procedural irregularities Other
Please give brief details of the basis for your appeal. All applicants must complete this section.
NAME (BLOCK CAPITALS) ___________________________________________
SIGNATURE _______________________________DATE ___________________
Page 19 of 22
APPENDIX 3
Equality Impact Assessment Tool To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval.
Insert Name of Policy / Procedure Yes/No 1.
2. 3.
4. 5. 6. 7.
Does the policy/guidance affect one group less or more favourably than another on the basis of: Race Ethnic origins (including gypsies and travellers) Nationality Gender Culture Religion or belief Sexual orientation including lesbian, gay and bisexual people Age Disability - learning disabilities, physical disability, sensory impairment and mental health problems Is there any evidence that some groups are affected differently? If you have identified potential discrimination, are any exceptions valid, legal and/or justifiable? Is the impact of the policy/guidance likely to be negative? If so can the impact be avoided? What alternatives are there to achieving the policy/guidance without the impact? Can we reduce the impact by taking different action?
Comments
No No No No No No No No No
No No
No NA NA NA
If you have identified a potential discriminatory impact of this procedural document, please refer it to Human Resources Dept together with any suggestions as to the action required to avoid/reduce this impact.
For advice in respect of answering the above questions, please contact Human Resources Department
Page 20 of 22