HRPOL36 Personal Relationships at Work by Provide Community

Personal Relationships at Work Policy

and Procedure

Version: V3

Ratified by: People, Culture and Remuneration Committee

Date ratified: 24/05/2022

Job Title of author: Human Resources / HR Business Partners

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: HR Business Partners

1. Introduction

1.1 The Provide Group aims to deliver high quality and safe services and it recognises that this commitment to quality and safety must be reflected in the work and conduct of all its employees.

1.2 This policy sets out where consideration should be given, and defines what could be appropriate action to take, in matters arising from close personal relationships between people at work in order to:

• enable managers to deal promptly and effectively with issues involving close personal relationships at work, maintaining confidentiality where possible.

• ensure employees are aware of their responsibilities under this policy.

• keep employees informed of the action they face if they fail to meet the standards detailed in this policy and, where appropriate, professional body standards of conduct

1.3 The purpose of this policy is to provide guidance to staff regarding personal relationships within the workplace, in order to avoid any actual or potential conflicts of interest or misuse of authority.

2. Scope

2.1 This procedure applies to all employees of the Provide Group For clarity, this includes:

• permanent employees

• full time and part time employees

• fixed term employees

• zero hours workers

2.2 In addition, the policy also applies to:

• contractors and agency workers

• workers engaged by the Provide Group

• Non-Executive Directors

• job applicants

Job applicants are required to declare on their application any personal/work relationships issues as this may cause a conflict of interest

3. Key Principles

3.1 The guidance surrounding relationships which are outlined in this policy have been designed to establish the Provide Group’s intention to ensure that any personal relationships between employees does not adversely affect the service provision, or its management arrangements, or cause other employees to feel embarrassed and/or excluded in their own workplace.

3.2 It is important for employees to declare to their line manager any circumstances which could potentially lead to a conflict of interest between their work responsibilities and their personal situation.

3.3 Employees who embark on close personal relationships with work colleagues do need to be aware, at all times, of their behaviour towards each other, particularly within the working environment.

3.4 will treat any employees involved with equity, irrespective of gender or grade.

4. Key Provide Group Responsibilities

4.1 Employees:

Employees are expected to:-

• Ensure that any close personal relationship at work does not interfere with, or prejudice, their employment.

• Co-operate with this procedure if a close personal relationship at work does interfere with or prejudices their employment.

• Bring to the attention of Management concerns relating to personal relationships at work

4.2 Managers

Managers are responsible for raising awareness of this policy within their own business units and will highlight changes to their teams at meetings. In addition, they are expected to:

• Deal promptly and sensitively with issues involving close personal relationships at work.

• Line managers must take steps to ensure that staff in personal relationships are not directly or indirectly managed by the other person within that relationship, including having line management responsibility over the other on issues relating to pay, expenses, promotion, shift rostering, working patterns, appraisals etc.

• Conduct matters involving close personal relationships at work in a consistent, fair and reasonable manner.

• Maintain confidentiality where possible.

• Deal with any matter requiring formal disciplinary action using the relevant Provide Group Disciplinary Policy and Procedure.

4.3 Group Chief Officers

All Group Chief Officers are responsible for identifying and ensuring the development of documents relevant to their area of responsibility. The Director of People Partnering & Services is accountable to the Group Chief People Officer and the Provide CIC Board for ensuring this policy is implemented and associated documents become active documents within the Provide Group

Group Chief Officers will ensure that this policy is appropriately consulted upon and that all resource implications are highlighted and funding identified. They will ensure that their Senior Managers are informed of progress.

4.4 Group Chief Executive Officer

The Group Chief Executive Officer has overall responsibility for the strategic and operational management of the Provide Group which includes ensuring that this policy and associated documents comply with all legal and statutory requirements.

4.5 The Provide CIC Board

The Provide CIC Board is responsible for setting the strategic context in which organisational documents are developed, and for ensuring the formal review and approval of documents takes place.

5. Procedure / Implementation

Recruitment & Selection Process

5.1 An employee who has (or has had) a close relationship with a job applicant (internal or external candidate), who applies for a post within the Provide Group, should not be involved in any aspect of the recruitment and selection process for that post. Similarly, they should not act as a referee for that person. This applies irrespective of whether the reference is for a post within the Provide Group or with an external organisation.

5.2 Except with the express written authorisation of the relevant Group Chief Officer, Director, Assistant Director, or if necessary Group Chief Executive Officer, a person will not be appointed to any post which would result in the direct line management where there is a close relationship

5.3 Definition of Related Persons

For the purposes of this policy a “close personal relationship” can be defined as

• a family relationship

• a business/commercial/financial relationship

• an intimate relationship and includes:-

• spouse/partner

• cohabiting partners and civil partnerships.

• parent including in-laws and step-parents

• children, including in-laws and step-children

• Siblings

• grandparents, grandchildren

• aunts, uncles, cousins

• those living in the same household

These lists are not exhaustive

5.4 Close personal relationships between employees with a line management relationship

5.4.1 The Provide Group does not find acceptable a close personal relationship in jobs where:

there is a direct line management/supervisory relationship between the two individuals the line manager does not manage the employee directly but is the manager’s manager

5.4.2 A line management relationship between those with personal relationships should be avoided where possible.

5.4.3 Where a relationship already exists the line manager(s) and individuals involved must agree appropriate working parameters.

5.4.4 Should this case arise, the procedure, as per below shall be implemented, except with the express written authorisation of the relevant Group Chief Officer, Director, Assistant Director or if necessary Group Chief Executive Officer.

A person will not be appointed to any post which would result in the direct line management where there is a close relationship

5.5.1 Close personal relationship between employees where there is no line management relationship

5.5.2 Employees are expected to conduct themselves in a professional manner and to deal sensitively with any confidential information which one or both individuals may possess.

5.6.1 Close personal relationships between an employee and a contractor and/or agency worker

5.6.2 Employees must declare to an appropriate manager all relationships of a business or personal nature with a contractor or potential contractor.

5.6.3 A close personal relationship between an employee and a contractor is not acceptable if it involves:

• an abuse of the employee’s position of trust

• a breach of the standards of propriety expected in the post

• a compromise of professional standards

• a conflict of interests.

5.7 Employees must conduct themselves in a professional manner at work and not authorise invoices or similar financial transactions with contractors or agency workers with whom they have a close personal relationship with.

5.8 Dignity at Work

Individuals must behave appropriately while at work, irrespective of their position. Line managers, and individuals themselves, must ensure that personal relationships are not allowed to influence individuals conduct at work or to be a barrier to effective communication and co-operation.

5.8. 1 Any situations which arise, giving cause for concern, must be dealt with sensitively.

5.8.2 Employees must be aware that behaviour towards another employee that is not reciprocated is not acceptable and can amount to harassment which would be dealt with under the appropriate HR policies such as the Dignity at Work Code of Conduct/Disciplinary Policy (HRPOL30). This includes any unwanted behaviour that may result during a relationship, or as a result of the end of a close personal relationship.

5.9. Procedure

Appropriate action must be taken to ensure the relationship has no detrimental effect on individuals working for the Provide Group Managers should consider:

• Are any employees likely to be made uncomfortable in their dealings with either employee because of the personal relationship?

• Is a personal relationship seen to offer an advantage or disadvantage to anyone involved?

• Is the relationship potentially interfering with performance?

• Is the relationship potentially having a negative effect on the workings of a team? Managers should seek further advice from HR Advisor or Human Resources Business Partner if the need arises.

5.9.1.

Redeployment

Redeployment could mean a move to a different section or department for one, or both, of the employees, either within the same workplace, or involve a move to a different location depending on the options available at the time of the implementation of this procedure.

5.9.2 Should a situation arise where the Personal Relationships at Work procedure requires implementation, one, or both, of the employees in the relationship may be required to be redeployed to a different job role. This may not necessarily require a change of work base.

5.9.3 Wherever possible the redeployment should be to a post on the same terms and conditions as the employee’s current post. Therefore, of the employees involved in a particular situation, Provide CIC or the relevant subsidiary company is likely to consider redeploying the employee whose skills, experience and knowledge could be more easily deployed elsewhere.

5.9.4 Where there is evidence that a personal relationship is having a detrimental effect, the manager may wish to consider alternative arrangements in discussion with the relevant employee(s). A meeting will be held with the employees to discuss the situation and the possibility of redeployment. Present at this meeting will be:

• an appropriate senior manager not involved in the relationship - where possible the manager will be more senior than both employees

• a Human Resources representative

• a union representative or work colleague, if requested by the employee.

5.9.5 The employee will be allowed sufficient time to make necessary arrangements in the event of a change of location. This would normally be a period of one month, although management discretion may be utilised. Additional mileage will not be paid as a result of any change of work location in this instance.

5.9.6 Consideration will be given to any other solutions suggested by the employees that would resolve the situation. However, if these are not possible to implement, then transfer arrangements will commence.

5.9.7 Should the employee refuse to be redeployed, then dismissal of one, or both, may be considered.

5.10

Dismissal

This action should be taken only as a last resort, and will depend on whether the sanction of dismissal is considered within the range of reasonable responses available at the time of the decision. Dismissal will only be considered where the actions of either one or both parties concerned has adversely affected the operation of any function within the Provide Group, or where a redeployment cannot be facilitated

5.10.1 The guidelines of HRPOL16 (Provide’s Disciplinary Policy and Procedure) or the relevant contractual Disciplinary Policy should be followed fully in such situations.

5.11 Safeguarding Concerns

This policy does not cover relationships with a child/young person or vulnerable adult client whom an employee meets as a result of their employment. Such a relationship is considered a safeguarding matter.

To safeguard those using the Provide Group services, as well as those providing their care, the Provide Group will take steps to ensure that individuals or bank workers in personal or family relationships are not involved in the care of the same individual or group of individuals.

Exceptional circumstances may exist where the provision of care requires prioritisation over existing relationships. In such situations, professional guidance must be followed

6. Fraud and Bribery

Definitions

Fraud is where any person who dishonestly makes a false representation to make a gain for himself or another or dishonestly fails to disclose to another person,

information which he is under a legal duty to disclose, or commits fraud by abuse of position, including any offence as defined in the Fraud Act 2006.

Bribery is the giving or receiving a financial or other advantage in connection with the ‘improper performance’ of trust or a function that is expected to be performed impartially or in good faith. Where the Provide Group is engaged in commercial activity it could be considered guilty of a corporate bribery offence if an employee, agent, subsidiary or any other person acting on its behalf bribes another person intending to obtain or retain business or an advantage in the conduct of business for the Provide Group and it cannot demonstrate that it has adequate procedures in place to prevent such. The adequate procedures that the Provide Group is required to have in place to prevent bribery being committed on their behalf are performed by six principles –proportionate procedures, top-level commitment, risk assessment, communication (including training), monitoring and review. The Provide Group does not tolerate any bribery on its behalf, even if this might result in a loss of business for it. Criminal liability must be prevented at all times.

Counter Fraud

If any member of staff has good reason to suspect a colleague, patient or other person of fraud, bribery and / or corruption, involving the Provide Group, they should report their genuine concerns to the LCFS or Group Chief Finance Officer immediately. The LCFS will then decide on the next course of action and advise the member of staff accordingly. All calls are dealt with in the strictest of confidence and callers may remain anonymous.

Suspicions of fraud, bribery or corruption should be reported to the Local Counter Fraud Specialists on telephone 0845 300 3333, Provide’s Group Chief Finance Officer or NHS Counter Fraud Authority (NHSCFA) via an online reporting form: https://cfa.nhs.uk/reportfraud: or NHSCFA Freephone: 0800 028 4060. Further details including email addresses for those responsible can be found on Provide’s Community Platform.

Individuals suspected of committing an offence of fraud, bribery or corruption may be subject to criminal and/or disciplinary investigation, which could result in criminal and/or disciplinary action being taken, including prosecution and/or dismissal. For more information, please refer to the Local Anti-Fraud, Bribery and Corruption Policy or to Provide’s Counter Fraud Community platform pages.

7. Monitoring and Review

7.1 This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents, or more frequently in line with any requirements relating from legislative changes.

7.2 Review will be undertaken by a CIPD registered member of the HR Department and monitoring will be conducted in respect of policy outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.

Appendix A: Equality Impact

Assessment Template

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

HRPOL36 Personal Relationships at Work

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

This policy sets out where consideration should be given and appropriate action taken, arising from relationships between people at work in order to ensure such relationships do not adversely affect the service provision, or its management arrangements, or cause other employees to feel embarrassed and/or excluded in their own workplace

Project/Policy Manager: Olutayo Oyefeso, HRBP Date: 6.1.22

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 fromthis 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 effect on any group.

Neutral

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

The application of a rule or policy on relationships, which can be shown to have a disproportionate and adverse impact on one sex, may amount to unlawful indirect sex discrimination, if the rule cannot be shown to be justifiable. The Provide Group will therefore treat both employees in a similar way irrespective of gender or grade.

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 staff or external groups/agencies.

No further assessment needed.

Guidelines: Things to consider

• Equality impact assessments at the Provide Group 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 the Provide Group. 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.

Further information:

Useful Websites

www.equalityhumanrights.com Website for new Equality agency www.employers-forum.co.uk – Employers forum on disability www.disabilitynow.org.uk – online disability related newspaper www.womenandequalityunit.gov.uk – Gender issues in more depth www.opportunitynow.org.uk - Employer member organisation (gender)

www.efa.org.uk – Employers forum on age www.agepositive.gov.uk – Age issues in more depth © MDA 2007 EQUALITY IMPACT ASSESSMENT