Policy on the promotion of dignity at work - East Sussex County ...

Employee Relations Policies at East Sussex County Council<strong>Policy</strong> on the Promotion of Dignity at Work (Draft)The County Council Recognises that all Employees Have the Right to Work in anEnvironment in Which the Dignity of Individuals is Respected and Which isFree from Discrimination, Harassment and BullyingKey points• All employees are entitled to be treated fairly, consistently and with dignity whilst at work• The County Council will continue to promote a working environment which values thecontribution all employees can make to the efficient delivery of quality services• The County Council will not condone bullying or harassing behaviour• Appropriate disciplinary action will be taken against employees that raise allegations thatare vexatious or maliciousIntroductionEast Sussex County Council is committed to eliminating intimidation in any form. Thefundamental principle underpinning this policy is that discrimination, harassment orbullying will not be tolerated and action will be taken where it is seen to exist. Thisaction will be supported by strict disciplinary measures.Discrimination, bullying and harassment breaches the County Councils PromotingDiversity and Equality <strong>Policy</strong> and is classified as a serious offence which may result insummary dismissal under the Disciplinary Procedure.It is important to provide a working environment in which the contribution of allemployees is valued in adding to the efficient delivery of quality services. It isrecognised that the contribution of employees will be effective in conditions which arefree of unnecessary anxiety, stress and fear, and these conditions are more likely toflourish in an environment which respects the rights of individuals and is concerned withmaintaining their dignity at work. Failure to do so can result in tension in the workplace,increased absence and staff turnover, poor performance, ill-health, low morale, difficultemployee relations, potential litigation and increased costs.Who Does the <strong>Policy</strong> Apply to?D R A F TThis policy applies to all employees with the exception of teaching and support staffemployed directly in Schools. The principles of this policy will also apply to any dealingsemployees might have with County Councillors, service users, contractors andmembers of the public.It is recommended for adoption in schools.C:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 1of 7

Employee Relations Policies at East Sussex County CouncilWhat is Harassment?Harassment is usually directed at those individuals who are vulnerable or in a minority.It is generally described as unwanted or unjustified behaviour which affects the dignityof people in the workplace, and which has the effect of creating an intimidating, hostile,degrading, humiliating, threatening or offensive environment. Harassment is defined inall strands of equality legislation and may be on the grounds of gender, ethnic origin,disability, sexual orientation, religion or belief or age.Differences in attitude, background or culture can mean that what is perceived asharassment by one person may not seem so to another. Harassment will be consideredto have occurred if the person concerned perceives it to have occurred even if this isnot the intention behind it.The following interpretations and examples of harassment may be helpful indetermining whether harassment has taken place;Harassment can take many forms and may or may not involve bullying but will involvesome action, behaviour, comment or physical contact which is found objectionable orwhich causes offence.Harassment can be defined as an uninvited, unreciprocated and unwelcome behaviourwhich is offensive to the person involved and causes that person to feel threatened,humiliated, patronised or embarrassed and it can create a stressful and debilitatingwork environment. Some general examples of unacceptable harassing behaviourinclude (this is not an exhaustive list);• intrusive or anti-social behaviour such as staring, pestering, unwarranted spying;• behaviour that undermines another;• breaches of confidentiality;• continued suggestions for social activity outside the workplace after it has beenmade clear that such suggestions are unwelcome;• the use of offensive language or gossip.• requests for sexual favours, including implied or overt promises of preferentialtreatment or threats concerning present or future employment status;• sexually-orientated jibes, innuendo or jokes;• the use of ‘affectionate’ names such as ‘gorgeous’ or ‘darling’• unwanted physical contact;• comments on dress, physical attributes, personality or sexual activityWhat is Bullying?D R A F TBullying is the intimidation or belittling of someone through the misuse of power orposition which leaves the recipient feeling hurt, upset, vulnerable or helpless. It is ofteninextricably linked to the areas of harassment described above. People affected bybullying often feel the matter appears trivial or that they may have difficulty in describingit.However, bullying is not restricted to those in positions of power. It may also occurbecause minorities or those deemed as vulnerable or weak, are bullied by the majorityC:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 2of 7

Employee Relations Policies at East Sussex County Councilor by those who perceived themselves as stronger. It is intended to undermine,humiliate, denigrate or injure the recipientThe following are examples of bullying:• derogatory name-calling;• arbitrarily, unjustifiably and persistently changing work targets, guidelines anddeadlines;• setting someone up to fail in their job, e.g. by not passing on importantinformation or by feeding false information;• mimicry or ridicule;• written insults or jokes (including e-mail);• ridicule of an individual for gender or cultural differences;• shouting or raising one’s voice at any person, in public or in private• exclusion from normal workplace conversation or social events;• unfair allocation of work and responsibilities;• embarrassing or humiliating people in front of colleagues;• persistent, unfounded criticism, accusations and spreading malicious rumours;• verbal abuse and threats;• incitement of others to commit any of the above;The essential characteristics of harassment or bullying are that the offendingbehaviours are unwanted by the recipient and would be regarded as harassment byany reasonable person.It should be noted that whilst employees are encouraged to raise any concerns theymay have it should be understood that many management activities, such as instigatingdisciplinary proceedings, monitoring performance, dealing with attendance issues,changing deadlines and priorities and responding to service needs do not, if handledreasonably, constitute harassment or bullying.Responsibilities of ManagersIt falls on managers to set the standards and do all they can to ensure that staff andpotential staff are treated fairly and courteously and are given the support and respectthey need to do their jobs.Every manager has an obligation to prevent harassment and bullying and to takeimmediate action once it has been identified, whether or not a complaint has beenmade.If managers are aware that there are relationship problems within their teams it is theirresponsibility to address these issues immediately before they escalate and formalaction ensues.Allegations of acts of this nature, received either informally or formally must be dealtwith promptly and sensitively.Managers should aim to;D R A F T• set an example and promote a working environment where harassment isviewed as unacceptable and where staff feel free to challenge harassmentC:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 3of 7

Employee Relations Policies at East Sussex County Council• ensure that employees are aware of the policy and the notes of guidance andthat it is covered in discussions during the induction process and at appraisal orsupervision meetings;• implement the policy within their areas of responsibility and provide appropriateawareness and training on key issues;• treat seriously and take immediate and appropriate action to investigate anycomplaints of harassment (where possible to tackle and resolve cases before aformal complaint becomes necessary)• ensure that all employees are aware of the support networks available to themResponsibilities of StaffEvery employee has a personal responsibility to behave in a way that is not offensive toothers. Employees should NOT discriminate against, harass or bully other members ofstaff. Any employee found doing so, following an investigation, will be subject to theorganisation’s Disciplinary <strong>Policy</strong> and Procedure and in certain cases, such acts maybe regarded as Gross Misconduct and may lead to summary dismissal.An employee who becomes aware of harassment or bullying occurring to themselves oranother member of staff should bring the matter to the attention of his/her manager.Employees are encouraged to support colleagues who may be experiencingharassment and are considering making a complaint.Support NetworksEast Sussex County Council has an Occupational Health nurse who is trained toprovide impartial advice and information, to discuss options and offer support to staffexperiencing harassment or bullying in the workplace but not to act as an advocate.The nurse has received training to help give independent advice, listen to, support andcoach staff to help them take whatever action is decided upon.D R A F TThe County Council also has a strictly confidential Counselling Network which isavailable to both employees experiencing bullying or harassment and employeesagainst whom such an accusation has been made. The Staff Welfare Service willprovide guidance and referral for confidential counselling.The unions also provide advice and support to members if they are experiencing or areaccused of harassment at work.Process for Dealing with Complaints of Harassment or BullyingThe primary aim of the process is to achieve a resolution of a complaint of harassmentor bullying, so that all those involved can put the matter behind them and begin to workamicably and effectively together.Personnel Officers can give general advice to staff and may advise or assist thosemanagers dealing with Dignity at Work issues but they will not be responsible forconducting the investigations.Everyone involved in the process must respect the need for confidentiality.C:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 4of 7

Employee Relations Policies at East Sussex County CouncilIt is recognised that on occasion Dignity at Work allegations are raised as a result ofmanagers addressing performance concerns and should any such issues be raisedthese will be addressed appropriately.At any stage of the process the complainant or the accused may feel that they need thehelp of an independent person before deciding on the best course of action. They cancontact one of the Occupational Health nurses, their trade union, or, alternatively theymay contact Staff Welfare Services for referral to a counsellor.The complainant must be assured that s/he will not be discriminated against orvictimised for raising the complaint. Confidentiality will be observed throughout and theneed for any disclosure of the details of the case will be discussed and agreed.East Sussex County Council’s bullying and harassment procedure has two stages,informal and formal. Unless the allegations are of a very serious nature, all employeesraising a Dignity at Work claim will be expected to complete the informal stage of theprocedure before progressing to formal stage.In the event that an employee raises a Dignity at Work complaint in the course of thedisciplinary process, or there remains an outstanding complaint, the Council willnormally suspend consideration of the complaint until the outcome of the disciplinaryprocess is known; each case will, however, be considered on its merits to ensure thatthe Council is acting reasonably.Stage 1 – Informal stage1.1 Direct ApproachAn employee who feels that s/he is being subjected to harassment or bullying would beexpected to attempt to resolve the matter informally in the first instance, unlessexceptional circumstances prevent this. In some cases it may be possible and sufficientfor him/her to explain clearly to the person(s) engaged in the unwanted activities thatthe behaviour is unwelcome, that it offends or makes him/her uncomfortable.D R A F TIf at the initial informal discussion stage the complainant finds the circumstances aretoo difficult or embarrassing to approach the harasser alone, the complainant may wishto be accompanied by a Trade Union representative or colleague.The complainant may wish to write a letter to the harasser as an alternative toconfronting them in person.Even if the complainant does not take formal action s/he should be advised to keep arecord of any incidents, detailing when, where, what occurred, and witnesses (if any).This may be required if there is a subsequent repetition and it is decided that formalaction is necessary.1.2 Statements for the Manager (or manager’s manager)If the unwanted behaviour continues after your initial request or you do not receive asatisfactory response it will be necessary to involve your line manager so that s/he cangive advice and support and help monitor the situation. If the complaint relates to theC:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 5of 7

Employee Relations Policies at East Sussex County Councilconduct of the complainant’s manager, the complainant may choose to discuss thematter with his/her manager’s line manager.When making a complaint, in order that the issue can be dealt with promptly andefficiently, employees will be required to make a statement that covers the followingareas;• clear, specific allegations against the named person or people;• where possible, dates, times and witnesses to any incidents with direct quotes;• factual description of events;• an indication of how each incident made the complainant feel;• any documentary evidence, and;• details of any action that the complainant, or others, has already taken.The Manager with advice from Personnel will ensure that they have enough informationfrom the individual making the complaint to agree a statement which can be presentedto the person against whom the allegations are being made. The complainant will beasked to check and sign the statement. The manager may wish to meet with thecomplainant to discuss the statement but this should not delay the processunnecessarily.Using the statement the Manager will inform the person against whom the allegationshave been made, the nature of the complaint that has been made and the intention todeal with the matter informally (Stage 1 of the procedure). At the meeting the managershould ascertain whether the alleged harasser/bully agrees that the behaviouroccurred, irrespective of intention. This will depend on the seriousness of the incidentand the Personnel Officer’s advice should be taken as to the appropriate course ofaction. This meeting should take place within 10 working days of recording thestatement of complaint.A written record of the agreed outcome of the meeting should be provided to bothparties1.3 MediationIf matters have not been resolved previously, before moving to the formal stage, unlessthe County Council believes it would not be helpful in resolving the situation, bothemployees will be expected to undergo mediation.If the behaviour is successfully dealt with informally (at Stage 1 of the procedure) thesituation should be closely monitored by the manager.In situations where the manager decides that a complaint cannot be easily resolvedinformally (at Stage 1), or where the allegation is of such a serious nature, the matterwill be dealt with at Stage 2 of the process.Stage 2 – Formal StageD R A F T• If the informal approach has not resolved the situation to the complainant’ssatisfaction or the harasser has already been approached but has not stopped theharassment then the complainant has the right to pursue his or her complaint viaStage Two under the Formal Stage of the County Council’s Grievance Procedure.Alternatively an investigation may be instigated under the formal stage of the CountyCouncil’s Disciplinary <strong>Policy</strong> and Procedure. If this is the case the manager shouldC:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 6of 7

SuspensionEmployee Relations Policies at East Sussex County Councilensure that the employee clearly understands what the procedure will be and whowill have responsibility for what. Managers should always seek advice fromPersonnel as to which is the most appropriate course of action. Personnel will makea professional judgement about whether the issue is one of serious misconduct byan employee and should be investigated via the Disciplinary procedure or whetherthe issue is one where an employee believes that they have been treated unfairly inrelation to their terms and conditions of service or other work related issues in whichcase the Grievance procedure should be used.Managers should seek advice from Personnel on the options and way forward beforereaching a decision on whether it is appropriate for the complainant and the allegedoffender to continue working together during the investigation. It may be advisable forthe duration of the investigation to:• suspend the alleged offender on full pay;• temporarily move either the complainant or alleged offender in accordance withthe terms of their employment; and/or• grant the complainant special leave.Suspension is a neutral act carried out in order to ensure a fair and thoroughinvestigation of the claim. All suspensions should be closely monitored and reviewedand should not go any longer than absolutely necessary. Managers must ensureregular communication with any employees on suspension throughout the duration ofthe investigation.Any disciplinary hearing against a perpetrator or complainant should be held under theCounty Council’s formal Disciplinary <strong>Policy</strong> and Procedure.Subsequent ActionFollowing a resolution at the formal stages a manager should carefully monitor that theharassment has stopped.Malicious ComplaintsHaving conducted an investigation under either the Disciplinary <strong>Policy</strong> and Procedureor the Grievance Procedure, should the complaint be found to be malicious, i.e. that thecomplaint was entirely false and made with the deliberate intention of having actiontaken against another employee, then the complainant should themselves be dealt withunder the Disciplinary Procedure.Date last reviewedD R A F TC:\Documents and Settings\richardm\Desktop\reports\G15Jul2005Item7DignityAtWorkAppendix.doc Page 7of 7