Dignity at Work - Policy and Procedure

Employment Manual
DIGNITY AT WORK
POLICY AND
PROCEDURE
The County Council is committed to creating an
environment at work where there is universal dignity and
respect:
• between employees of the County Council
• of County Council employees by people not
employed by the Council.
This document applies to all County Council employees except
in schools, however the principles can be adopted in schools.
(NB. School employees have access to the County Council's
Harassment Advisers.)
The Chief Executive and Corporate Directors, for whom
separate arrangements exist.

DIGNITY AT WORK
CONTENTS TABLE
OBJECTIVES ..................................................................................................................2
PRINCIPLES ...................................................................................................................2
RESPONSIBILITIES .......................................................................................................2
CHIEF EXECUTIVE AND DIRECTORS ......................................................................2
MANAGERS ................................................................................................................3
ASSISTANT DIRECTOR - PEOPLE AND MODERNISATION ....................................3
EMPLOYEES...............................................................................................................3
DEFINITIONS..................................................................................................................3
HARASSMENT............................................................................................................3
DISCRIMINATION .......................................................................................................3
BULLYING ...................................................................................................................4
VICTIMISATION ..........................................................................................................4
IMPLICATIONS ...............................................................................................................4
LEGISLATION.................................................................................................................4
FURTHER INFORMATION .............................................................................................5
ADVICE AND SUPPORT ................................................................................................5
APPENDIX 1 FLOWCHART OF PROCEDURES ...........................................................6
OBJECTIVES
To protect all employees from harassment, discrimination, bullying and victimisation by:
• creating an environment where everyone is treated with respect and dignity
• having procedures which protect all employees from harassment, discrimination,
bullying and victimisation at work wherever possible
• having procedures to deal effectively with any complaints at work
PRINCIPLES
Any form of harassment, discrimination, bullying and victimisation is unacceptable.
All employees have the right to:
• complain about harassment, discrimination, bullying and victimisation at work
• have their complaints taken seriously
• have their complaints dealt with properly and in confidence
• receive support and help from the County Council
RESPONSIBILITIES
CHIEF EXECUTIVE AND DIRECTORS
Effective implementation of the policy.
Monitoring the arrangements and practices.
Ensuring the appointment of an appropriate number of employees to act as
Harassment Advisers.
Keeping confidential records of complaints made and investigations.
Ensuring that employees have information on dignity at work.

MANAGERS
Ensuring that all complaints from any member of staff are taken seriously and acted
upon promptly.
Ensuring that employees understand what harassment, discrimination, bullying and
victimisation is, and that it is unacceptable and that action will be taken against its
perpetrators.
Setting an example through their own behaviour towards employees.
Making the list of Harassment Advisers easily available, e.g. through a notice board, at
induction.
Giving information about the Employee Support and Counselling Service, which will
provide confidential and impartial advice.
Ensuring that the leaflet "Dignity at Work – Employee Guidelines” is available to all
employees and new starters.
ASSISTANT DIRECTOR - PEOPLE AND MODERNISATION
Provision of training and support for Harassment Advisers.
Co-ordination of the Mediation Service
Review and revision of the policy.
EMPLOYEES
Ensuring that they do not harass, discriminate, bully or victimise others. Breaches of
this duty will be dealt with under the Disciplinary Procedure.
DEFINITIONS
HARASSMENT
Harassment is when someone considers that that they have been treated in a way that
is detrimental to their dignity at work. Essentially it is treatment that somebody else
finds unreasonable and unwelcome and which causes intimidation and offence.
Although it may involve overt abuse of power, bullying, coercion or violence, it can
often appear in more subtle forms and can be unintentional.
Harassment can be a single act or numerous acts which are ongoing.
DISCRIMINATION
Discrimination is about less favourable treatment on the grounds of sex, sexual
orientation, race or origin, marital status, civil partnership status, disability, age, or any
other characteristic an individual may identify with.
It can also be about someone else's religion or sexual orientation other than the
employee e.g. an employee may be subject to harassment because his son is gay.
This may be harassment on the grounds of sexual orientation, despite it not being the
employees own sexuality that is the subject of the harassment.

Harassment can also occur where, for a reason, which relates to a person’s disability
another person engages in unwanted conduct, e.g. an employee with a learning
disability is called ‘stupid’ and ‘slow’ by a colleague at work. This may be harassment
on the grounds of disability, whether or not the disabled employee was present when
the comments were made, because they were said with the intention of humiliating
them.
BULLYING
Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse
of power through means which undermine, humiliate, denigrate or injure the individual
or a group of employees. This kind of conduct is usually sustained.
Examples of bullying are:
• shouting at an employee in front of others
• sarcastic comments deliberately aimed at the individual
• ridiculing someone or deliberately setting them up to fail
• overbearing supervision or other misuse of power or position
• making threats about job security without foundation
• undermining a competent worker by overloading and constant criticism
VICTIMISATION
Victimisation is less favourable treatment as a result of having taken action against the
organisation or an employee within the organisation.
Examples of victimisation are:
• ignoring someone or not offering them a post because they previously raised a
complaint through any of the Council’s procedures
• blocking opportunities e.g. training or progression because they have previously
complained
IMPLICATIONS
Harassment, victimisation, bullying or discrimination can lead to illness, absence from
work, an apparent lack of commitment, poor performance and resignation. The results
include:
• poor morale
• employees resigning, including potential claims for unfair dismissal
• lower efficiency
• divided teams
LEGISLATION
The County Council’s Dignity at Work Policy supplements the right of an employee to
seek legal redress for harassment and/or discrimination through the relevant
legislation. A summary of the legislation that may apply is given below.
Sex Discrimination Act 1975
Race Relations Act 1976
Disability Discrimination Act 1995
Sex Discrimination (Gender Reassignment) Regulations 1999
Disability Discrimination Act 1995 (Amendment) Regulations 2003
Employment Equality (Religion or Belief) Regulations 2004
Employment Equality (Sexual Orientation) Regulations 2004
Civil Partnership Act (2004)

Employment Equality (Age) Regulations 2006
Under the Criminal Justice and Public Order Act 1994 it is an offence to intentionally
cause a person harassment, alarm or distress. This is where someone:
• uses threatening, abusive or insulting words or behaviour, or disorderly behaviour
• displays any visible representation which is threatening, abusive or insulting
Under the Protection from Harassment Act 1997 it is an offence for someone to:
• behave in a way which they know, or ought to have known, causes another to fear
the use of violence against them
• behave in a way which they know, or ought to have known, causes another
harassment
Employees alleging harassment at work can complain to the Police. Managers should
also consider this where there is evidence to suggest criminal action.
Employers may be liable for what employees do during their employment, whether or
not the employer knows of those acts. Employers can avoid a successful claim of
unlawful discrimination only if they can show that they took reasonable steps to prevent
the offence being committed.
FURTHER INFORMATION
Dignity at Work - Management Guidelines
Dignity at Work - Employee Guidelines
Harassment Advisers
Grievance Procedure
Equality and Diversity Policy
G15 Violence at Work Policy
Access to Personal Information
Confidential Reporting Code
ADVICE AND SUPPORT
Please contact Human Resources.

APPENDIX 1 FLOWCHART OF PROCEDURES
PROCEDURES FOR DEALING WITH AN INCIDENT OF HARASSMENT,VICTIMISATION, BULLYING, DISCRIMINATION OR
VIOLENCE AT WORK
HARASSMENT, VICTIMISATION, BULLYING OR
DISCRIMINATION
Employee/Employee Non employee/Employee 1
Follow advice in documents:
Dignity at Work or
Grievance Procedure
Use of:
Harassment Advisers
Employee Support and Counselling
Service
Mediation Service
(subject to employee wishes)
May lead to
VIOLENCE AT WORK
Employee/Employee Non employee/Employee
↓ ↓ ↓ ↓
Follow advice in document:
Dignity at Work
Follow advice in documents:
G15 Violence at Work
G4 Accident Reporting Procedure
Grievance Procedure
Follow advice in document:
G15 Violence at Work
G4 Accident Reporting Procedure
↓ ↓ ↓ ↓
Use of:
Harassment Advisers
Employee Support and Counselling
Service
Mediation Service
(subject to employee wishes)
Use of:
Employee Support and Counselling
Service
(subject to employee wishes)
Use of:
Employee Support and Counselling
Service
(subject to employee wishes)
↓ ↓ ↓ ↓
Use of Disciplinary Procedure Possible legal action/other
Use of disciplinary procedure
Possible legal action/other
management action
management action
↓ ↓ ↓
Possible legal action/other
Possible legal action/other management
management action
action
Harassment should be treated as ‘violence at work’ when
it falls within the definition of violence at work*
1 E.g. Service user, Elected Member, employee of a contractor providing County Council Services
Definition Any incident where employees are physically or verbally abused,
threatened or intimidated or where their property or personal belongings, or
both, are damaged.