HRPOL30
Dignity at Work Policy and Procedure
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Version:
V5
Ratified by:
People and Culture Steering Group
Date ratified:
17/10/2023
Job Title of author:
HR Business Partner
Reviewed by Committee or Expert Group
Staff Partnership Forum
Equality Impact Assessed by:
HR Business Partner
Related procedural documents
Freedom to Speak Up (Whistleblowing) (HRPOL1) Grievance Policy and Procedure (HRPOL15) Disciplinary Procedure (HRPOL14) Equal Opportunities and Valuing Diversity Policy (HRPOL23) Psychological Wellbeing of Staff (HRPOL26) Personal Relationships at Work (HRPOL36) 17 October 2026
Review date:
i. This is an NHSLA policy. Consult with the Governance Department before you make changes to this document. ii. It is the responsibility of users to ensure that you are using the most up to date document – i.e. obtained via the intranet. iii. In developing/reviewing this policy Provide has had regard to the principles of the NHS Constitution.
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Version Control Sheet Version V1 V2 V3 V4 V5
Date March 2012 November 2014 September 2016 March 2020 September 2023
Author Bridget Acketts Bridget Acketts
Status Ratified Ratified
HR Business Partner HR Business Partner Director, People Partnering
Ratified
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Comment New
Contents PURPOSE AND RATIONAL .................................................................................. 5 Purpose ................................................................................................................. 5 To whom does this policy apply? ........................................................................... 5 Values ................................................................................................................... 6 Harassment and Bullying Defined .......................................................................... 6 Exceptions ............................................................................................................. 8 How to Raise a Concern or Complaint ................................................................... 8 Route one – Informal Procedure ............................................................................ 8 Route Two – Formal Procedure ............................................................................. 9 Raising Awareness .............................................................................................. 11 Monitoring ............................................................................................................ 11 Record Keeping and Confidentiality ..................................................................... 11 Review ................................................................................................................ 11 Appendix: EQUALITY ASSESSMENT TEMPLATE: Stage One: Screening ......... 12
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PURPOSE AND RATIONAL Purpose Provide Community wishes to create and maintain a working environment where all employees and workers are treated with dignity, integrity and respect and where their contribution, commitment and diversity are valued. We are an equal opportunities employer, and we fully support the right and opportunity for all people to seek, obtain and hold employment without discrimination. Provide Community recognises the fundamental right of all colleagues to be able to work in an environment free from harassment and bullying. The aim of this policy is to promote dignity, respect and inclusion in the workplace and therefore this requires managers and employees to take responsibility for eliminating unacceptable behaviour such as harassment and bullying and to promote dignity, respect and inclusion. It requires managers to take action to ensure that the work environment is conducive to the principles of equality of opportunity and is free of intimidation, offensive acts and materials. Provide Community seeks to provide support for colleagues who have been affected, as well as those against whom allegations have been made, by applying fair and sensitive processes and procedures. Provide wishes to ensure that if something happens that was not as expected, that a process is followed to decide next steps. We want to encourage improvement, where necessary and ensure the practice of lessons learnt is embedded across the organisation. It is Provide’s policy to ensure that any issues or concerns relating to the dignity of its employees are dealt with fairly, effectively and sensitively and that next steps are taken to establish the facts using the Just & Learning Culture principles and give employees the opportunity to respond before taking formal action.
To whom does this policy apply? General This policy applies to all employees, whether permanent, temporary, casual, part-time or on fixed-term contracts, to ex-employees, to job applicants and to individuals such as agency staff and consultants and apprentices who are not our employees, but who work for us (collectively “workers”). Duties to Colleagues All workers have a duty to act in accordance with this policy, and therefore to treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff, whether junior or senior to them. In some situations, Provide may be at risk of being held responsible for the acts of individual members of staff and will not therefore tolerate any discriminatory practices or behaviour. Page 5 of 13
Duties to Visitors The duties to colleagues equally to the treatment of our visitors and suppliers by our workers and the treatment of our workers by these third parties.
Values All colleagues have the right to a working environment free from harassment, discrimination or bullying. We will not permit or condone any form of harassment and are committed to providing a workplace free of discrimination because of one or more of the Protected Characteristics. Why is it important? We recognise that misunderstandings can arise where people of different sex, sexual orientation, interests, religions, and cultures work together. However, if any particular form of conduct has the effect of causing you to feel humiliated, threatened, or that your privacy has been invaded, then it may constitute harassment and as such, will render the individual responsible liable to disciplinary action. Equally, if any action or decision has the effect of causing you to be treated less favourably and this discrimination is because of a Protected Characteristic this would render the individual responsible liable to disciplinary action, including the possibility of summary dismissal. Responsibilities At Provide Community, we all have a personal responsibility to behave in a manner that is not offensive to others. Provide has a responsibility to investigate any complaints of harassment, discrimination or bullying against you or made by you and takes this responsibility seriously.
Harassment and Bullying Defined Definition of Harassment Harassment is defined as conduct that may be physical, verbal or non-verbal, which is unwanted and personally offensive to the recipient. Examples of Harassment The following are examples of inappropriate conduct and unacceptable behaviour, which may be regarded as harassment. They do not form an exhaustive list: • • •
unwanted physical contact, physical threats and insulting or abusive behaviour or gestures; offensive language, derogatory or demeaning remarks based on gender, race or disability, religion, sexual orientation or age, inappropriate or offensive jokes, comments etc, or repeated unwelcome invitations; and non-verbal conduct of an offensive nature, pictures or pin-ups that display men or women as sexual objects, as members of a derogatory racial stereotype or ridicule people as a result of their disability, religion, or sexual orientation, abusive or offensive gestures or messages, including those sent via e-mail and PCs.
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Definition of Discrimination Discrimination occurs where an employee is treated less favourably or unfavourably, intentionally or unintentionally, because of a Protected Characteristic. Provide endeavours to ensure that none of its decisions or actions causes discrimination because of a Protected Characteristic, whether direct or indirect. Reasonable Adjustments If you are a colleague with a disability and you consider that there are reasonable adjustments that Provide could make which would allow you to contribute more fully or to improve your working conditions, you should raise this with your immediate line manager. Bullying What constitutes bullying? Bullying in the workplace causes an unhappy, distrustful and stressful atmosphere and often leads to sickness absence, increased staff turnover and deteriorating morale and performance levels if not dealt with promptly and fairly. If a colleague is found to be bullying others, their behaviour will be addressed through the Disciplinary Policy & Procedure. Examples of Bullying The following are examples of inappropriate and unacceptable bullying at work. They do not form an exhaustive list: • • • •
shouting at a colleague, humiliating, public attacks on a colleague’s personal or professional performance, criticising a colleague in front of others; spreading malicious rumours and/or making malicious allegations which impinge another person’s character or standing; publicly undervaluing a colleague’s contribution; withholding information with the intent of deliberately adversely affecting a colleague’s performance;
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Exceptions This Policy cannot be used to question actions and/or decisions taken relating to any other procedure or process within which there is a mechanism for the employee’s concern(s) to be considered: For concerns arising from:
Refer to:
Job Evaluation Grading Disciplinary process
Job Evaluation Appeal Procedure Disciplinary Policy and Procedure (HRPOL14) Protected disclosure within the meaning of Freedom to Speak Up (whistleblowing) the Public Interest Disclosure Act 1998 Policy and Procedure. (HRPOL1) Issues relating to redundancy Organisational Change Policy (HRPOL19) Capability Sickness/Health issues Incremental Pay Progression outcome Flexible Working arrangements
Capability Policy and Procedure (HRPOL29) Attendance Management Policy (HRPOL31) Incremental Pay Appeal Procedure (HRPOL40) Flexible Working Policy Appeal Procedure (HRPOL16)
How to Raise a Concern or Complaint There are two routes available to employees who wish to raise a concern or formal complaint.
Route one – Informal Procedure In the first instance, colleagues are encouraged to raise any concern/complaint with their Line Manager. Both employees and their line manager are encouraged to try and resolve the concerns/complaints as quickly as possible through discussion with the employee involved. The informal procedure is most effective for clarifying misunderstandings or potential breakdown of relationships in the work place. On receipt of the complaint, or within 5 working days, the line manager will meet with the employee. The complaint does not have to be in writing; however, this may help to clarify the key points and employees may be encouraged to put their concern/complaint in writing if the matter appears complex. This should include confirming what the desired outcome is being sought to resolve the matter. In addition, employees should keep records of harassment and/or bullying where they considered this to be of a continuous nature. The line manager will investigate the matters raised and may have meetings with the subject of the complaint and other employees to establish more details. If the matter can be resolved through discussions, the line manager should write to the employee concerned, outlining the action taken and any agreements in place. It is not usual practice for employees to be re-located during an Informal Procedure.
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The People Partnering Team can provide advice and guidance to employees regarding the procedures. Members of trade unions may also seek support and advice from their union representative. Complaints about Managers If the complaint is about the line manager, or any other manager, then the employee should raise the matter with the manager at the level above. The above route will be followed. If the complaint is about both the line manager and the manager at the above level, the employee should refer to the Grievance Policy section 4.34. Mediation If an employee or manager feels that the above is not possible or wants help and support in dealing with a complaint then they can do so by speaking with their People Partner and mediation may be determined to be the most appropriate way forward. Mediation can be useful at any stage of the process. It can be helpful in resolving matters at the informal stage and also to help rebuild relationships and support an effective working relationship after a matter has been concluded formally. The mediator will arrange to meet with the employee at a convenient time to discuss the details of the complaint and possible options for dealing with the situation. The mediator will also meet with the employee who is the subject of the complaint. Having met with both parties, if all parties are in agreement, a joint meeting will then be arranged and facilitated by the mediator. Employees are encouraged to work directly with the mediators themselves but in exceptional circumstances they may want to be accompanied by a union representative/work colleague to the initial meeting. They are required to seek agreement from the mediator prior to any mediation meetings. Union representatives/work colleagues are not normally permitted to attend the joint mediation sessions were the employees are meeting to resolve the matters. The mediator will supply a written summary of the agreement/resolution to both parties. Counselling via the Employee Assistance Programme Counselling support is available to both the employee raising the complaint and the employee who is subject to the complaint. Confidential Counselling can be accessed through the Employee Assistance Programme by ringing 0845 120 1421 and quoting code 72846 or by logging on to the web address www.healthassuredeap.co.uk and entering the code 72846 in the Access Code and Password boxes.
Route Two – Formal Procedure Where the Informal Procedure (above) has not been able to reach resolution, an employee may raise a Grievance under the Formal Stage of the Grievance Policy and Procedure (HRPOL15).
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Where the complaint is about both the line manager and the manager at the level above. Please refer to section 4 of the Grievance Policy and Procedure. Consideration will be given, by management, as to whether it is necessary to separate colleagues (e.g. change of working hours/location or supervision) during the investigation; however, this is not normal practice. The outcome of the grievance could be one of the following: • Grievance Upheld The investigating Officer will confirm that the grievance is substantiated. Recommendations may be made by the Investigating Officer to resolve the cause of the grievance, and mediation may be included to facilitate an effective working relationship in the workplace. In addition, the Investigating Officer may confirm that there has been a breach of the Dignity at Work Policy & Procedure and may recommend further investigations under the Disciplinary Policy and Procedure (HRPOL14) to senior management. • Grievance Dismissed The investigating Officer will confirm that there is no case to answer. • Grievance Dismissed with recommendations Recommendations may be made by the Investigating Officer including mediation to facilitate an effective working relationship in the workplace or management actions. • Uphold/dismiss separate sections of a grievance with multiple issues. • Defer a Decision to seek further enquiries/ investigation.
advice
or to conduct further
This may consist of collecting statements from or holding investigation meetings with any persons who may have information relevant to the grievance. The employee can be accompanied by a trade union representative or a work colleague at any stage of the formal grievance procedure. The Formal Procedure of this policy also enables the employee raising the formal grievance to have a right of Appeal as set out in the Grievance Policy (HRPOL15). Other reports will be developed for the information of Provide Board and managers when required, including details of any complaints made on the grounds of discrimination, or any issues raised by employees, employee groups or in employee attitude surveys.
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Raising Awareness For this policy to be effective, it is important that all employees are aware of the processes. Action to ensure this will be as follows: • • • •
The policy will be available on My Compliance; Managers will explain the provisions to new employees as part of the induction process; Special attention will be given to colleagues whose first language is not English, or who have some visual impairment or disability, and alternative formats will be made available where possible; Training will be arranged for managers, and information provided to employees and employee representatives regarding relevant policies and procedures.
Monitoring Provide will monitor Disciplinary & Grievance Cases and the equality profile of the subjects of these cases, in accordance with recommended good practice. In accordance with the nationally required statistical indication of HR management effectiveness, Provide will also monitor on the basis of: • • • • • • • • •
Employee training Appraisal system monitored and evaluated in respect of the success and impact of the competency framework relating to equality and diversity Workforce gender profile, including Provide Board membership Quality data relating to starters/leavers Part-time/full-time working patterns by gender Workforce racial profile Workforce disability profile Workforce age profile Harassment claims analysed by ethnicity/cultural differences, age and gender.
Record Keeping and Confidentiality Provide will adhere to the requirements of the Data Protection Act 2018.
Review This document will be kept under general review but will be reviewed no later than 3 years from the date of ratification. Any new statutory provisions affecting this document will automatically take precedence.
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Appendix: EQUALITY ASSESSMENT TEMPLATE: Stage One: Screening Name of project/policy/strategy (hereafter referred to as “initiative”):
Dignity at Work Policy & Procedure
Provide a brief summary (bullet points) of the aims of the initiative and main activities: Outlines Provide’s commitment to ensuring employees are treated with dignity & respect and that employees are aware of how to raise issues in relation to bullying and harassment.
Project/Policy Manager:
Director, Partnering
People
Date: October 2023
This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently. Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group. Positive in that this policy/procedure increases awareness of equality and diversity and sets out the Provide’s intention to value diversity and treat all employees with dignity and respect.
Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?
Neutral - HR data is not highlighting that more colleagues from minority/underrepresented groups are raising concerns in accordance with the Dignity at Work Policy/Procedure, however we will continue to monitor.
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Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with employees or external groups/agencies. Positive, this policy & procedure enables a consistent approach by the organisation in addressing concerns raised by colleagues.
Guidelines: Things to consider • • •
• •
•
•
Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation. The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community. Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified. Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan. Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this? It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process. It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.
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