Dignity at Work Bullying and Harassment Policy - Halton and St ...

CORPORATE POLICY
For use in:
Dignity at Work
Bullying and Harassment Policy
PCT-wide
Target Audience: All Trust Clinical Staff and organisations /
companies that the Trust holds service
contracts with.
Purpose:
Document Owner:
Approved by:
Ratified by:
Policy Indexed No:
Version Number: 2.0
To promote the Trusts commitment to creating
a work environment that is free from bullying,
harassment and discrimination, where
everyone is treated with dignity and respect.
Equality and Diversity Manager
Clinical Guidelines Group or Equivalent
Policy Sub-Committee (PSC)
HStHHR062
Effective From: March 2008
Review Date: March 2011
Statutory and legal requirements
Implementation Lead
As listed below
Equality and Diversity Manager
The Trust is committed to creating an environment that promotes equality and embraces
diversity, both within our workforce and in service delivery. This document should be
implemented with due regard to this commitment
This document seeks to uphold the duties and principles contained within the Human Rights
Act. All Staff within the PCT should be aware of its implications
This policy is due for review by March 2011. After this date, this policy and associated process
documents may become invalid. All users should ensure that they are consulting the current
version of this document.

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Members of the Clinical Policies Guidelines
Group (CPG)
Joint Staff Side Group (JSG)
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individuals (NON NHS))
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Xxxxxxxxxxxxx
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Table of Contents
POLICY STATEMENT – Our Commitment..................................................................................4
EQUALITY OF OPPORTUNITY, DIVERSITY & DIGNITY AT WORK .........................................5
Definitions .................................................................................................................................5
Business Benefits of Diversity ...................................................................................................5
Education & Training .................................................................................................................6
Monitoring .................................................................................................................................6
BULLYING, HARRASSMENT & DISCRIMINATION....................................................................7
Definitions .................................................................................................................................7
Examples of Unacceptable Behaviour(s) ..................................................................................7
Damaging effects of Bullying, Harassment and Discrimination .................................................8
Supporting Legislation...............................................................................................................9
Recruitment & Selection............................................................................................................9
BULLYING, HARASSMENT & DISCRIMINATION PROCEDURES ............................................9
Aims and Objectives..................................................................................................................9
Scope ......................................................................................................................................10
Responsibilities .......................................................................................................................10
PROCEDURES FOR DEALING WITH BULLYING, HARASSMENT & DISCRIMINATION IN
THE WORKPLACE....................................................................................................................11
General principles ...................................................................................................................11
Support and Advice .................................................................................................................12
Informal Approaches ...............................................................................................................13
Formal Approaches .................................................................................................................13
Investigation ............................................................................................................................14
APPEALS...................................................................................................................................15
VICTIMISATION ........................................................................................................................15
CONFIDENTIALITY ...................................................................................................................15
MALICIOUS COMPLAINTS .......................................................................................................15
TIMESCALES ............................................................................................................................15
RELATED DOCUMENTS & REPORTS.....................................................................................15
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POLICY STATEMENT – OUR COMMITMENT
At Halton and St Helens Primary Care Trust (hereafter referred to as “the Trust”) we are
committed to ensuring that all individuals are treated with dignity and respect irrespective of
their gender, race, age, disability, sexual orientation, colour, marital or family status, religion or
belief, nationality, ethnic or national origins, creed, culture, political affiliation, trade union
membership, transgender status, HIV status or any other personal factor or quality.
The Trust is committed to creating a work environment that is free from bullying, harassment
and discrimination, where everyone is treated with dignity and respect.
The Trust will not tolerate any form of bullying behaviour, harassment or discrimination which
threatens groups or individuals, for whatever reason or motive.
Incidents will be dealt with under the Bullying & Harassment Procedure which links into the
Trust’s Grievance Procedure. Where necessary there will be a referral to the Trust’s Disciplinary
Procedure and it should be noted that disciplinary action may range from a verbal warning to
dismissal, including dismissal without notice.
It is important to remember that bullying, harassment and discrimination is not determined by
the intention of the person who has caused offence, but by the effect it has on the recipient.
Different people find different things acceptable. Everyone has a right to decide what behaviour
is acceptable to him or her and to have his or her feelings respected by others.
The Trust will not discriminate unlawfully against customers using or seeking to use goods,
facilities or services. However, individuals should report any bullying, harassment or
discrimination by customers, visitors or others to their Line Manager and the Human Resources
Department.
The Trust will not tolerate victimisation of a person for making allegations of bullying,
harassment or discrimination in good faith or for supporting someone to make such a
and/or providing evidence. Victimisation is considered a disciplinary offence.
complaint
As part of the tendering process, Agencies, Contractors and Suppliers providing goods and
services to the Trust will be advised that as part of the contract when working on the Trust’s
premises, or on its instructions that they will be expected to carry out their duties with due
regard to this policy. Tendering companies will also be asked to detail their equal opportunities
commitments.
This Policy will be communicated as appropriate to all organisations / companies that the Trust
holds service contracts with.
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EQUALITY OF OPPORTUNITY, DIVERSITY & DIGNITY AT WORK
The Trust promotes values, behaviours and working practices which recognise the differences
between people and thereby enhance staff motivation and performance and release potential,
delivering improved services to customers.
The Trust is committed to eliminating discrimination within all areas of the employment
relationship (including job applicants) and to encouraging and promoting diversity. The Trust
recognises the right of all employees to be treated fairly, consistently and considerately and its
policies and procedures demonstrate commitment to equality and fairness for all.
The Trust aims to ensure that its workforce composite is truly representative of the local
community and that it has a culture that values equality and diversity and recognises that
diversity adds value through enabling the Trust to provide responsive and quality services to all
patients and clients.
Definitions
Diversity
The concept of `Managing Diversity’ requires that equality is dealt with in a strategic
coordinated way. It broadens the concept of equal opportunities beyond the requirements
of compliance with the law.
Diversity is based on the concept that people should be valued as individuals for reasons
related to business interests as well as for moral and social reasons. Diversity recognises
that people from different backgrounds can bring fresh ideas and creativity that taps into
hidden capacity for growth and improved services.
Discrimination
The attainment of genuine equality goes beyond the mere elimination of discriminatory
practices. However, the removal of discrimination is an essential first step.
o Direct Discrimination – is where an individual is treated less favourably than
others are, or would be treated in the same circumstances.
o Indirect Discrimination – is where a provision, criterion or practice is applied to
the detriment of a considerably larger proportion of the relevant group to which the
individual belongs than to others, which is not objectively justifiable and which is to
the individual’s detriment. For example, requiring everyone to work full-time could
adversely affect a higher proportion of women than men.
o Victimisation – is treating an individual differently (less favourably) because they
have made a complaint in good faith or provided information or evidence in
relation to others in good faith.
Business Benefits of Diversity
Some of the positive impacts of managing equality, diversity and dignity at work are:
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Improving Services and patient care
Improving employee relations
Developing organisational ethics and values
Enhancing people management practices
Compliance with legislation
Attracting and recruiting employees from a wider pool of
applicants
Retention
Greater organisational flexibility to respond to change
Education & Training
The Trust will aim to educate and raise the awareness of employees, volunteers and service
users in matters relating to this policy and procedures and their implementation.
The Policy & Procedures will be communicated by:
Briefings
Providing training and e-learning packages for Managers and staff
Making employees aware of the support they can expect and their right to challenge
inappropriate behaviour
The use of appropriate signage, visual displays, leaflets and notices
The Staff Matters Group – Action Plans and Newsletters
The Trust’s OD Programme – “Best in Class”
Monitoring
To ensure that the Trust’s Dignity & Respect at Work Policy’s aims and objectives are being
achieved, the Trust will collect the necessary statistical data via the annual Workforce
Monitoring Report to accurately profile the workforce and to monitor instances of bullying,
harassment and discrimination in accordance with this policy, statutory and NHS requirements.
Regular reports will be submitted to the Joint Staff Group and Trust Board.
The results of the annual NHS National Staff Survey will also provide an indicator of equality,
diversity and dignity at work matters, which may require further investigation.
The Trust will monitor the equality data of the workforce and of applicants for jobs (including
promotion), along with the number of people with disabilities within these groups and will
consider and take any appropriate action to address any problems which may be identified as a
result of the monitoring process.
Information provided by job applicants and employees for monitoring and reporting will be dealt
with in accordance with the Data Protection Act 1998.
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BULLYING, HARRASSMENT & DISCRIMINATION
Harassment, bullying and discriminatory acts by any individual, employee or group of
employees towards an individual or group of individuals, in any form, is unacceptable behaviour
that undermines human rights and creates a hostile, degrading, humiliating or offensive working
environment. Such acts will not be tolerated.
Definitions
Bullying is behaviour or conduct that is characterised as threatening, aggressive,
abusive, offensive, intimidating, insulting, cruel, vindictive or malicious. It also includes an
abuse or misuse of power through means intended to undermine, humiliate, degrade,
demean or injure the recipient.
Bullying is the use of illegitimate power over a period of time and is usually
demonstrated by a pattern of behaviour.
Harassment is unwanted behaviour or conduct that has the purpose or effect of violating
dignity or creating an intimidating, hostile, degrading, humiliating or offensive
environment. Harassment can take many forms and occur for a variety of reasons. It may
be related to age, sex (of a person or other persons), race, disability, religion, nationality,
sexuality or any personal characteristic of the individual. It may be persistent or a one off
incident directed at one person or many people It is a range of unsolicited behaviour that,
irrespective or intent can create feelings of unease or discomfort. It may cause offence,
exclusion or withdrawal or threaten or be perceived to threaten job security. Harassment
is perceived to be triggered by a personal difference under discrimination law. A single
event or incident of harassment is sufficient to trigger a complaint.
Examples of Unacceptable Behaviour(s)
This is not a definitive list as this is specific to the individual experience relating to feelings of
respect, equality and dignity. The deciding factor is the behaviour is unwanted and unpleasant
and makes the individual feel intimidated:
Spreading malicious rumours
Violence
Violating a person’s dignity
Creating an intimidating, hostile, degrading, humiliating or offensive environment
Verbal or physical threats
Shouting
Jokes
Offensive language / Swearing
Gossip / Slander
Songs
Insults
Posters
Graffiti
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Obscene gestures
Flags and emblems
Unjustified negative attacks on colleagues
Ridiculing or demeaning someone, including mimicking them
Picking on individuals or setting them up to fail
Placing unreasonable demands on individuals
Reducing a role/job to routine tasks
Isolation or non-cooperation and exclusion
Victimisation
Intrusion by spying
Pestering and stalking
Unfair treatment
Overbearing supervision or other misuse of power or position
Unwelcome sexual advances – touching, leering, standing too close / behaving in a
manner that is overtly sexual
Sexual comments of an inappropriate / offensive nature
Sexist remarks
Display of offensive materials
Written abuse such as letters, faxes, e-mail, graffiti etc
Certain forms of harassment will amount to unlawful discrimination, particularly if it is:
Sex based
Sexual in nature
Linked to gender reassignment
On racial grounds
On grounds of religion or belief
On grounds of sexual orientation
Related to a person’s disability
On grounds of age
The various Acts and Regulations referred to in this documentation contain express definitions
of harassment.
The right not to be harassed at work extends to all Workers, so Agency Temps, Casual Staff
and Contractors are protected.
Damaging effects of Bullying, Harassment and Discrimination
Bullying, harassment and discrimination is unacceptable on moral grounds but can have serious
organisational implications including:
Poor morale and poor employee relations
Loss of respect for Supervisors and Managers
Poor performance
Loss of productivity
High absence levels due to debilitating effect on individuals
Stress
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High turnover and associated replacement recruitment costs
Damage to the Trust’s reputation
Litigation
Supporting Legislation
There is a plethora of statutory requirements that the Trust must recognise and respond to in
addressing bullying, harassment and discrimination. This includes, but is not limited to the
following:
Sex Discrimination Act 1975 (amendment) Regulations 2008
Race Relations Act 1976 (amendment) 2003
Disability Discrimination Act 1995 (amendment) 2005
Employment Equality (Sex Discrimination) Regulations 2005
Employment Equality (Religion and Belief) Regulations 2003
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Age) Regulations 2006
Rehabilitation of Offenders Act 2001
Protection from Harassment Act 1997
Health and Safety at Work Act 1974
Recruitment & Selection
It is consistent with the delivery of the highest quality healthcare that all NHS employers should
have fair and non-discriminatory systems for recruiting, developing and promoting people.
Recruitment and promotion procedures will be regularly monitored to identify where and how
they can be improved, and to enable the planning of potential positive action initiatives for
under-represented groups.
The Trust cannot lawfully discriminate in the selection of employees for recruitment or
promotion, but it may use appropriate lawful methods, including lawful positive action, to
address the under-representation of any group which is identified as being underrepresented.
Recruitment Agencies used for finding permanent or temporary staff will be informed of this
policy and expected to follow fair and objective selection procedures.
BULLYING, HARASSMENT & DISCRIMINATION PROCEDURES
Aims and Objectives
The Trust aims to maintain and extend an equal and fair working environment for all employees
through the development of policies, procedures and practices to eliminate bullying and
harassment and promote equality and diversity in employment.
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The policy aims to enable employees who have become the victims of harassment, bullying or
discrimination to make complaints in order to address these issues. It offers managers a
practical means of addressing such problems.
The objectives of this policy and the procedures outlined are to:
Promote a culture where all staff value and respect diversity
Create a culture where bullying, harassment and discrimination is not tolerated and will
be treated as a disciplinary offence
Define bullying, harassment and discrimination
Define responsibilities under this policy
Give examples of what constitutes, harassment, bullying and discrimination
Explain the damaging effects of harassment, bullying and discrimination
Convey that this behaviour is unlawful and unacceptable
Describe support mechanisms available and how to access them
Provide a procedural framework in which concerns can be expressed and investigated
Describe the benefits of diversity and equal opportunities
Build a workforce where all individuals are respected and valued
Promote a culture where all staff value and respect diversity of colleagues and patients
within the local community
Enable equality of services provided to the local community
Develop a workforce representative of the local community we serve enabling us to
deliver responsive and quality services
Take positive action to overcome previous disadvantage in access to employment
Ensure no job applicant or employee receives less favourable treatment or is
disadvantaged for any unjustifiable reason
Value the unique contribution that each individual brings, recognising differences in skills,
experiences and knowledge
Remove barriers to access to employment and career progression
In order to ensure consistency and fairness of approach the Human Resources Department will
be responsible for providing information and advice on the operation of the procedures outlined
and/or referred to in this documentation. No action should be taken without referring to the
Human Resources Department.
Scope
This procedure applies to all staff, contractors and employees of other organisations who are on
site, volunteers, visitors and patients at the point of service delivery. The procedure covers
issues in the workplace and any work-related setting outside the workplace that may create
liability for the Trust e.g. business trips, conferences, training events and work related social
events.
Responsibilities
The Trust is responsible for:
Communicating its values and beliefs, including the standards of behaviour and conduct
expected
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Taking action to prevent bullying, harassment and discrimination
Encouraging incidents to be reported and solutions applied
Line Managers are responsible for:
Ensuring that employees are aware of and understand the Trust’s values, beliefs and
standards of behaviour and conduct at work
Setting standards of behaviour in the Workplace
Instigating and following the Bullying & Harassment, Disciplinary and Grievance
procedures if these standards are breached
Taking advice from and involving the Human Resources Department, as appropriate
Employees and Individuals are responsible for:
Respecting the dignity and diversity of others at all times
Taking appropriate action if they are subject to, observe or have evidence of any others
being subjected to bullying, harassment or discrimination
Instigating and following the Bullying & Harassment, Disciplinary and Grievance
procedures if these standards are breached
Taking advice from and involving the Human Resources Department, as appropriate
The Human Resources Department is responsible for:
Providing advice to Managers and staff on the Dignity & Respect at Work Policy and
associated procedures
Ensuring consistency and fairness of approach
Ensuring that matters are progressed and dealt with without undue delay
PROCEDURES FOR DEALING WITH BULLYING, HARASSMENT &
DISCRIMINATION IN THE WORKPLACE
General principles
No disciplinary action will be taken against any employee until the case has been fully
investigated
All matters relating to the application of this procedure will be treated as confidential,
however it should be recognised that confidentiality may not be able to be guaranteed
once the investigation process is set in motion
Confidentiality cannot be guaranteed when meeting overriding legal requirements
Dependant on the circumstances and seriousness of the matter, it may be appropriate to
consider the suspension of the Perpetrator(s) while an investigation takes place. Advice
should be sought from the Trust’s Human Resources Department
Suspension is a precautionary act and does not indicate guilt
Suspension is on full pay
The investigation and handling of a complaint can be a difficult period for both the
Complainant and the Perpetrator. In serious circumstances, the option of temporary
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edeployment / separation of individuals, where possible, will be explored. This is not an
indication of guilt. Its purpose is to ease the situation for both parties during the process
Matters will be dealt with as quickly as possible, without jeopardising the thoroughness of
the procedure
Any time limits stated in this procedure/associated procedures may be extended if
absolutely necessary. If the Trust extends a time limit, the employee will be informed in
writing, with an explanation as to why and a new date set, where possible
Employees may bring a Work Colleague or Trade Union Official /Representative with
them to any investigatory meeting, grievance hearing, disciplinary hearing and/or appeal
hearing. They need to make their own arrangements for this
If the individual identified in procedures cannot be involved for reasons of unavailability or
partiality, the Trust will refer to the next most appropriate person at that level or above
Complaints will be dealt with internally with an acknowledgement that there may be
instances where external intervention is required
The Trust will do its best to accommodate any special needs. For example, if an
employee needs an interpreter, the Trust will be responsible for arranging one that is
acceptable to all parties
Support and Advice
When an individual feels that they are being subjected to bullying, harassment and/or
discrimination, they may contact the Trust’s Human Resources Department, a Trade Union
Representative, a Buddy or their Line Manager to seek confidential advice and support.
Individuals shall have recourse to the Human Resources Department for clarification,
information and interpretation of this policy and associated procedures at any time.
‘Buddy’ System
The Trust has a ‘Buddy’ System in operation. A Buddy is an employee of the Trust who
has been trained to offer a listening service to those who feel they are being subjected to
bullying and/or harassment. They may not want to take the complaint through the formal
procedure but just want someone to talk about how they are feeling - the Buddy Service
provides this support.
Counselling
The Trust recognises that bullying, harassment and discrimination cases can be an
emotional and stressful experience for all concerned. Counselling can be accessed via
the Occupational Health Services on a self-referral basis. Details of this confidential
service are available from the Trust’s Human Resources Department and/or the Intranet.
Mediation
There may be instances where mediation could assist individuals. Where this is
considered appropriate, Mediation Services may be pursued.
The above is not exhaustive and other advice and support services may be explored. For
example, conciliation, coaching, mentoring and training.
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Informal Approaches
When matters are dealt with informally a written record will be made, noting the informality of
approach. The Human Resources Department should be consulted with regard to both informal
and formal approaches.
Where an individual deals with the matter via the informal route, it is recommended that they
directly approach the Perpetrator pointing out that their behaviour is unwelcome and offensive
and that they want the behaviour to stop. Alternatively, they could send a letter or e-mail.
This should clearly:
Explain the issues
Explain the affects
Explain how the behaviour and conduct makes them feel
Ask for it to stop
If the individual feels unable to approach the alleged Perpetrator directly, under the guidance of
Human Resources, they may request that they are accompanied by their Line Manager, a
member of Human Resources, a Trade Union Officer/Representative, Work Colleague and/or
Buddy. Alternatively an approach can be made on the employee’s behalf by the
aforementioned, again, under the guidance of Human Resources.
Many incidents of bullying and harassment can be resolved at this stage as the Perpetrator may
have no perception or understanding of the damaging and detrimental impact of their behaviour.
If the use of the informal approach proves ineffective and the unwanted behaviour does not
cease, the matter should then proceed formally.
Furthermore, where the alleged bullying and harassment is serious enough to warrant a formal
investigation the matter will be referred to an Investigating Officer.
Informal approaches should consider the best approaches under the circumstances, and where
necessary the advice and support services should be referred to for appropriateness. In any
event, individuals will be granted the right to be accompanied by a Work Colleague or Trade
Union Official/Representative.
Matters should be dealt with swiftly and sensitively.
Formal Approaches
If an individual wishes to make a formal complaint they should do so via the Trust’s Grievance
Procedure, noting the informal, investigatory, support and advisory sections of this Policy that
relate to bullying, harassment and discriminatory acts.
The complaint must be in writing with a copy provided to the Human Resources Department
detailing the substance of the complaint, including dates and times of alleged incidents and any
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witnesses. The complaint will then be investigated by an Investigating Officer (IO) appointed by
the Trust’s Human Resources Department. The IO will have no prior knowledge or involvement
in the complaint and will remain impartial throughout the investigation.
Individuals should be prepared to state:
The name of the person whose behaviour s/he believes amounts to bullying, harassment
and/or discrimination
The type of behaviour that is causing offence, with specific examples, if possible
Dates and times when incidents occurred and where they occurred
The names of any individuals who witnessed any incidents, or who themselves may have
been victims
Any action that they have taken to try to deal with the matters
Investigation
The purpose of the investigation is to gather the full facts about the matters requiring
investigation, enabling the alleged Perpetrator(s) to respond. The IO will also ask the
Complainant how they envisage the matter can be resolved. The IO will interview the
Complainant, the alleged Perpetrator and any witnesses.
The Trust will aim to keep this process to a minimum timescale and will endeavour to complete
the investigation within 6 weeks of the complaint being made. Any investigatory meetings
required will be set up without delay.
The IO will inform the alleged Perpetrator that a complaint has been made against them and will
provide them a copy of the written complaint and any supporting documentation and/or
statements. The alleged Perpetrator will be given the opportunity to challenge and respond to
the allegations put forward, verbally and in writing.
An Investigatory Report and any statements taken will be reviewed by the Trust’s Human
Resources Department and the outcome may be:
No further action – if the allegation has not been substantiated and there is no case to
answer
Support & Advisory Services – referral if the matter can be dealt with via mediation,
coaching, counselling, training etc. These services may also be used if it is found there is
no case to answer and relationships need to be rebuilt
A Disciplinary Hearing – if there is justification for further investigation in a formal
hearing
The outcome of the investigation will be communicated, in writing. Should matters be referred to
the Trust’s Disciplinary Procedure, details of the matters requiring this, including the
Investigatory Report and any supporting documents and statements will be sent to both parties
as per the procedure.
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APPEALS
Appeals may be lodged via and in accordance with the Trust Grievance and/or Disciplinary
procedures.
VICTIMISATION
Individuals will not be victimised for bringing forward complaints in good faith and will be
protected from victimisation for making and/or being involved in a complaint.
Individuals will treat each other with dignity and respect at all times and all parties to a complaint
will be treated fairly and offered support and guidance throughout the investigation and/or
grievance/disciplinary process.
Victimisation will not be tolerated and instances of such behaviour will be viewed as
misconduct, leading to disciplinary action up to and including dismissal, including dismissal
without notice.
CONFIDENTIALITY
The Trust will take all complaints/ reports seriously and will treat information in strict confidence
as far as it is possible to do so. As far as possible, confidentiality will be maintained, but cannot
be guaranteed once the investigation process is set in motion.
MALICIOUS COMPLAINTS
Malicious complaints could be regarded as gross misconduct and disciplinary action will be
taken accordingly. Anyone who supports or encourages this behaviour and conduct may be
liable to disciplinary action. Prior to any action being taken, a full investigation will be carried
out.
TIMESCALES
Any time limits in this Procedure, the Grievance Procedure and Disciplinary Procedure will be
followed, but may be extended if absolutely necessary. It the Trust extends a time limit, it will tell
the individual, in writing, explain why and set a new date, where possible.
RELATED DOCUMENTS & REPORTS
The following related documents are available on the Trust’s Internet and Intranet Sites:
Gender Equality Scheme
Disability & Equality Scheme
Race & Equality Scheme
Equality Impact and Relevance Assessments
Workforce Monitoring Reports
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