P308 Bullying and harassment policy



Bullying & Harassment PolicyGeneral Statement Hethel Innovation Ltd (HIL) recognises that all employees have the right to work in an environment that is free from bullying and harassment. However, if instances do occur HIL undertakes that allegations of bullying and harassment made in good faith will be dealt with seriously and confidentially and that employees will be protected against victimisation for making or being involved in a complaint.The Harassment and Bullying Policy and Procedure has been developed: -To encourage individuals to feel empowered to deal appropriately and at an early stage with all instances of bullying and harassment, and recognises that there is a need to develop and equip all employees with the skills and confidence required to resolve such issues. To encourage a climate in which the dignity and rights of each individual employee are recognised and protected and to make it clear to managers and employees that harassment, whether on sex, sexual orientation, racial, religious, disability, age or other grounds, is not acceptable to HIL. To enable any issues which when arise to be tackled quickly, effectively, sensitively and confidentially.Equal OpportunitiesHIL expects employees to adhere to this policy in line with HIL's obligations under equality legislation.? Managers must ensure that all reasonable adjustments or supportive measures are considered to allow equality of access and opportunity regardless of age, gender, ethnicity, sexual orientation, disability, faith or religion, gender identity, pregnancy, marital or civil partnership status.This document strives to ensure that procedures comply with current legislation. Any imminent changes to employment legislation have been highlighted in italics throughout this policy.Scope It is the responsibility of all employees to adhere to this Policy and Procedure. All employees are expected to behave in accordance with the Standards of Conduct and Behaviour Policy.Unacceptable or inappropriate behaviour demonstrated by Members of the Public, Contractors or Service Users towards employees of HIL will not be tolerated. 1.IntroductionHethel Innovation Ltd (HIL) recognises that all of its employees have the right to be treated with dignity and as such bullying and harassment at work will not be tolerated or condoned. Employees who are bullied or harassed have the right to complain about such behaviour irrespective of the perpetrator. This procedure is intended to ensure that complaints are dealt with sensitively, effectively and confidentially.Most recipients of bullying or harassment simply want the behaviour to stop. Both informal and formal methods of resolving problems are available under this procedure in recognition of this.It is recognised that by its nature bullying and harassment may make the normal channels for resolving problems difficult to use because of embarrassment, fears of not being taken seriously, fears of damage to reputation, fears of reprisal or the prospect of damaging the working environment.2.Forms of HarassmentHarassment may take many forms. It can range from extreme forms such as violence and bullying to less obvious actions, such as ignoring someone at work. Whatever the form of harassment, legislation defines it as unwanted behaviour, which has the purpose or effect of violating another person’s dignity or creating an offensive environment, which is intimidating, hostile, degrading, or offensive. It is clear that harassment or victimisation may be misconduct, or in extreme cases gross misconduct and disciplinary action may well be taken. Forms of harassment may include: -physical contact ranging from touching to serious assaultverbal and written harassment through jokes, offensive language, gossip and slander, letters, etcany offensive manner of communication – whatever the mediumpatronising behaviour not used with other colleaguesvisual display posters, graffiti, obscene gesturesisolation, exclusion or non co-operation at workcoercion ranging from pressure for sexual favours to pressure to participate in political/religious groupsintrusion by pestering, spying, following, etcisolation from social activities organised by colleagues This is not an exhaustive list.Incidents of harassment may constitute offences under criminal law and may therefore be reported to the police. Violence or threatened violence to the person or property is involved can be taken to the police. Harassment is usually thought of in terms of a manager harassing a more junior employee. However, employees may be harassed by colleagues or subordinates. Harassment may also occur between people of the same sex or the opposite sex and may be deliberate or unintentional on the perpetrator’s part.Whatever the form of the harassment the impact on the employee’s confidence and self-esteem should not be underestimated. Harassment can lead to illness, increased absenteeism, poor performance and an apparent lack of commitment or even resignation. Harassment can also result in tension and conflict within the workplace and puts great strains on personal and family life. These all have a direct impact on the effectiveness of HIL. 2.1Definition of BullyingBullying means to intimidate, threaten, humiliate or persecute someone.It is unwanted behaviour by an individual or a group directed towards another individual, which is not justified by the working relationship and which is offensive to the recipient or others. This does not include the discomfort of an employee with a manager or supervisor exercising the role of legitimate management by directing, instructing, monitoring or assessing work performance but might relate to the manner in which these actions are carried out.Examples of bullying include:recurring unjustified criticism;imposing penal sanctions without justification;detrimental changes to responsibilities, working arrangements, etc, without justificationEmployees are encouraged to deal with instances of bullying through the informal process. Where the issues fall within those defined as harassment below and the informal process has not resolved the situation, the matter will progress to the formal process.2.2Definition of HarassmentPeople can be subject to harassment on a wide variety of grounds including: -sex or sexual orientationtheir race, ethnic origin, skin colour or nationalitytheir religious convictionstheir membership, or non-membership of a trade uniontheir disability, or long term health conditiontheir real, or suspected, infection with HIV/AIDSagegender identitypersonal characteristicThis list is not exhaustive; numerous factors may lead to harassment.Harassment can take many forms, occur on a variety of grounds and may be directed at an individual or a group of individuals. Harassment has been defined by legislation as “conduct which has the purpose or effect of either violating another person’s dignity or creating an offensive environment that is intimidating, hostile, degrading, humiliating or offensive.” It is not the intention of the perpetrator but the deed itself and the impact on the recipient, which determines what constitutes harassment.In determining racial harassment HIL will take as its starting point for an investigation the Home Secretary’s recommendation in the MacPherson report (1999), which is as follows,“A racist incident is any incident which is perceived to be racist by the victim or any other person.”3.Responsibilities3.1Management ResponsibilitiesManagers at every level are responsible for ensuring that the working environment is free from bullying and harassment and to act as a positive role model for their team. Managers and supervisors are responsible for the implementation of this policy, for ensuring employees have awareness of the policy and for taking corrective action to ensure compliance with it.Any complaint about bullying or harassment made in good faith must be dealt with seriously, expeditiously and confidentially. Employees must be confident that they will be protected against victimisation or retaliation for bringing a complaint of harassment. Managers therefore, should be responsive and supportive to any employee who either complains that they have experienced or witnessed harassment. The manager should provide clear advice on the procedure to be followed, maintain confidentiality insofar as is legitimately possible and ensure that there are no further problems of harassment or any victimisation after a complaint has been resolved.It is important managers understand that it is not only their perception of what behaviour is acceptable which defines harassment. The view of the recipient of the behaviour is important and if the recipient feels that they have been harassed the complaint must be taken seriously and carried out in the appropriate way.It is also important to be aware of the possibility of malicious or frivolous complaints. A complaint found to have for these reasons could itself provide grounds for disciplinary action against the complainant.Harassment is not only inappropriate behaviour at work but may also be unlawful.3.2Employees’ ResponsibilityAll employees are required to comply with this policy and to treat their colleagues with dignity and respect. Employees can do much to discourage bullying and harassment by making it clear that they find such behaviour unacceptable and by supporting colleagues who suffer such treatment and are considering making a complaint.Any employee experiencing bullying or harassment is advised to make it quite clear to the person concerned that their behaviour is unwelcome and that it should stop without making or implying threats of any kind. Employees are aware that bullying and harassment is unacceptable. Disciplinary action, which could include dismissal, may be taken against employees found to have:harassed others or who have been victimising/retaliating against an employee for bringing a complaint of harassment in good faith ormade malicious or frivolous complaints of harassment by another employee.In such cases any reports of investigations will be transferable for the purposes of any further action e.g. disciplinary.In instances where an employee witnesses or is aware of an act of bullying or harassment being committed against another employee advice should be sought from their line manager (or other Senior Officer). On occasion employees may be called upon in investigations to offer any information they may have pertaining to particular cases/incidents of harassment. Where employees believe management have not responded appropriately to their complaint, further advice should be sought from the Head of Human Resources.4.TrainingManagers and Supervisors may require training to enable them to identify the factors which contribute to an environment free of harassment or in other aspects of this issue. Such training will normally be delivered as part of the usual management/supervisory training undertaken by these officers.Managers are also advised to have health and safety, and risk assessment training.5.Dealing with Bullying or HarassmentDetails of the procedure for dealing with complaints of bullying or harassment from members of the public, service users or contractors are set out in paragraph 7. Complaints of bullying and harassment from work colleagues should be dealt with under the procedure outlined in paragraph 6. All these procedures are intended to enable complaints to be dealt with sensitively and quickly and enable employees to raise problems with an officer other than their line manager where this is necessary. The procedures also allow for such problems to be resolved informally where this is possible and appropriate. If the problem persists, or is not appropriate for informal resolution, the formal procedure should be followed. Employees are encouraged to seek advice and guidance from a Manager.5.1 Dealing with Cases of Hate Crime/Incidents against EmployeesThere may be occasions where HIL employees feel that they have been a victim of a hate crime or incident in the workplace, which may have been carried out by a colleague, an employee of another organisation or a service user. See paragraph 13 for a definition of hate crimes and incidents. As with any other inappropriate behaviour covered under this policy, employees are encouraged to report such instances through the informal and formal processes outlined in paragraph 6, which may allow HIL to investigate and take appropriate action.6.How to make a complaint6.1Complaints Regarding The Actions of other EmployeesInformal ProcedureIn the first instance informal attempts to resolve problems should be attempted unless this is felt by the complainant to be inappropriate. In some cases it may be possible and sufficient for the employee to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is not welcome, that it offends them or makes them uncomfortable and that it interferes with their work. If a personal approach of this nature is too difficult, it is suggested that this request be put in writing to the individual concerned.In circumstances where it is too difficult or embarrassing for an individual to do this on their own behalf they should seek support from their line manager who will make the initial approach if required or assist with the writing of an appropriate communication.If it does not prove possible to resolve the problem informally, management may offer the opportunity of mediation to the parties concerned. For this to be successful, both parties should be willing to participate in the process. Mediation facilitated by a third party who has not been closely involved in the situation may assist in resolving the matter.In circumstances where the line manager is the alleged harasser and the individual feels unable to approach them directly, then the complainant should inform the alleged harasser’s manager either in person or in writing. Where an employee feels unable to do this they are advised to seek the help of a another senior employee.Where the informal procedure has achieved the desired result employees are encouraged to keep their own personal note of the matter in case of any recurrence of the problem.If informal action is unsuccessful the employee may invoke the formal procedure. Complaints Regarding The Actions of other Employees Formal ProcedureWhere the employee wishes to make a complaint under the formal procedure they should make this complaint in writing to their line manager, or where their line manager is the alleged harasser, to the next level of management. The letter should outline the reasons for their complaint. Support for the employee in making a written complaint is available from their departmental HR support. For example, the employee may require assistance in writing the letter where English is not their first language, or may prefer to submit it in an alternative format.The manager should arrange to meet with the employee within 5 working days of receiving the complaint in writing. Where any participant requires reasonable adjustments to be made to enable them to attend the meeting, the manager should ensure these are implemented e.g. accessible venue, documentation in an appropriate format.The purpose of the meeting is to discuss and clarify with the employee the nature and extent of the complaint both to inform the investigation process and help the manager to identify an appropriate investigating officer. The employee may be accompanied at the meeting by a colleague.Once a formal complaint is made, a thorough investigation must take place. This is in order to establish the full facts of any incident/s and will necessitate meeting with each of the parties separately and also any witnesses. Managers unsure of their authority should seek guidance from senior management before initiating any action. The Manager undertaking the investigation should not be connected with the allegation in any way. Investigation of a complaint should be completed as soon as possible.(a)An Investigating Officer will be appointed and should not normally be the Line manager who will have been involved during the informal resolution process.(b)Investigatory meetings should normally be convened with all concerned parties and should be undertaken separately. However, the facts of the situation may be clear-cut and it would then be possible to proceed immediately to disciplinary proceedings if appropriate. It is more likely, however, that investigatory meetings will be required. The investigation must focus on the facts of the complaint.During investigatory meetings the following must be adhered to:both the complainant and the alleged harasser have the right to be accompanied and/or represented by a work colleague.the alleged harasser must be given full details of the nature of the complaint and be given the opportunity to respond.strict confidentiality must be maintained through any investigation into an allegation.where it is necessary to interview third parties the importance of confidentiality and the integrity of the process must be emphasised.All parties providing a statement or evidence during the investigation should be advised that their statement or evidence may be shared with other parties, including the complainant, during the formal procedure. Any individual who withholds their consent must provide justifiable reasons for doing so.the complainant should not be required to repeatedly recount the events complained of where this is not necessary.the investigation must focus on the facts of the complaint drawing evidence from all available and appropriate sources, for example witness statements or statistical information such as sickness or turnover and a complete record of all meetings and investigations is to be kept. Any records will form part of any disciplinary proceeding.The investigating officer will endeavour to conclude the initial investigation into the complaint as swiftly as possible, ideally within one month of the complaint being received. This timescale may be amended by mutual consent. Both the complainant and the alleged perpetrator should be kept appraised of any delays in the investigation.If an employee requests and is given the opportunity of an alternative date and time to attend an investigatory meeting and fails to attend the second appointment without providing an acceptable explanation, then the Investigating Officer will proceed with the investigation in their absence.At the conclusion of the investigatory process the Investigating Officer will report to management who will determine what action is required and whether there are grounds for a disciplinary hearing to take place. The situation may be such that action other than disciplinary action may be appropriate. However if disciplinary action is felt to be required the normal disciplinary proceedings will take place as determined by HIL’s Disciplinary Procedure. Any reports and witness statements are transferable for the purposes of any subsequent action e.g. disciplinary procedure or Human Resources. Hearings will be convened in line with the Disciplinary Procedure.Where it is accepted that a complaint has been made in good faith and is either upheld or not, no element of penalty should be seen to attach to the complainant. Managers must ensure that the harassment has stopped and that no victimisation or retaliation against the complainant or any witnesses takes place. A review meeting should take place after three months to ensure that the agreed changes have taken place. At the conclusion of the investigatory and/or disciplinary processes, whatever the outcome, it is critical that working relationships are normalised as quickly as possible and a positive working relationship is re-enforced. Options for consideration include counselling, debrief or training sessions for the complainant, perpetrator and any other team members who were involved in the process as appropriate.If the complainant is of the view that their complaint has not been dealt with properly, they may appeal to the MD to review the case.plaints of Harassment by External Parties7.1 Members of the Public/Service Users or ContractorsIt is possible for HIL employees to be subjected to harassment from members of the public. A member of the public is defined as anyone who is not employed by HIL. Members of the public have also, on occasion refused to accept service from a particular person for a reason related to their sexuality, gender, religion, ethnicity or other reason. This is also considered harassment, and occurs wherever the refusal of services is for an inappropriate reason.Any employee who has dealings with the public may at any time be harassed or bullied. The ways in which the harassment takes place will also vary. The common factor is that the behaviour is unwelcome to the recipient.Where such harassment takes place, steps that may need to be taken are:If the employee feels able to tell the member of the public that their behaviour is unacceptable and unwelcome, without inflaming the situation, they could do so. This is only advisable where the employee is sure this is the right response. In situations where he or she is not sure, the best course of action is to try to bring the incident to a close. It would be natural for employees to try to defend themselves aggressively in such situations, but this course of action is often likely to make the situation worse, rather than better. Employees should try to remain calm and clear-headed whilst they remain with the member of the public. Employees must remember that losing your temper (however much you are provoked) will lessen your defence against the harassment and reduce the chance of withdrawing the service, where this is possible.Make a record of the details of the incident, and any others of which you are aware involving the same aggressor.After the incident, employees must report the matter to their manger. No action can be taken until the matter is reported, and if incidents go unreported they are more likely to be repeated.The manager and the employee should agree on the course of action to be taken. This will usually mean informing the member of the public that their behaviour, in harassing a HIL employee, was unacceptable and trying to re-build the relationship. Reaching a solution in meetings with the member of the public may be very difficult. In some situations it may be advisable to use a trained mediator. 7.5Refusal of service:Where a client has refused to accept service from a particular person for a reason related to their sexuality or ethnicity, or for another inappropriate and discriminatory reason, this will be seen as refusal of service and should be documented as such. The client should be written to with an explanation, and given the option to withdraw their refusal.Where a discussion between the client, employee and manager does not have the effect of the harassment ceasing, the manager should write to the client to warn them that their behaviour is unacceptable, and that withdrawal of service will be considered.7.6Withdrawal of service:At all points under “Refusal of service" it is necessary to consider the context in which the harassment is taking place, for example, a client may have a condition that leads to inappropriate behaviour, or may be under stress or in despair. Consideration will need to be given to the effect of withdrawal of service, based on the needs of the individual. Please note: A decision to withdraw service should only be made by the MD after taking legal advice. Such action should be documented.7.7Where withdrawal of service is not an option:There may be situations where withdrawal of service is not an option, in such situations it is the responsibility of managers to put safe alternative arrangements into place, based on risk assessment.8.Legal RemediesNotwithstanding the terms of this procedure, employees harassed on the grounds of a protected characteristic may have the right to bring a complaint of unlawful discrimination before an Employment Tribunal under the Equality Act 2010. Complaints must be brought within three months of the incident occurring. All employees have this right regardless of their length of service. Employees considering this may wish to discuss the matter with a Harassment Support officer.Alternatively, if someone has been dismissed because they objected to conduct towards them which they found unacceptable, or if they resigned because of a fundamental breach of contract by or on behalf of their employer, they may be able to bring a complaint of unfair dismissal to an Employment Tribunal. The complaint must be brought within three months of the termination of the employment. However, to be entitled to use this remedy, a person must have completed 1 year of continuous employment with their employer unless the complaint is on the grounds of discrimination or whistleblowing when it may be made within 12 months of service.Some acts of harassment are so serious that they may lead to criminal claims for assault or civil claims for negligence or breach of contract.An act of harassment will be a criminal offence punishable by 6 months imprisonment and/or up to a ?5,000 fine if it can be shown that the harasser caused and intended to cause harassment, alarm or distress.9.Confidentiality and Natural JusticeAs a general principle confidentiality will be agreed and maintained wherever possible during and after any complaint of harassment. However, there may be situations where confidentiality has to be broken, and this will be made clear to the complainant or any witnesses providing statements at the time. For example, if a Harassment Support Officer is told something in confidence, which demonstrates an unreasonable risk to you or someone else, the Officer will need to draw this to the attention of the employer.Where incidents progress to disciplinary procedure management reserves the right to determine the level of confidentiality to be maintained. This includes the confidentiality applied to outcomes of cases. It may not be regarded appropriate that the details of any management action are reported back to the complainant.If witnesses are involved in giving evidence they will be offered support up to and including protection of identity in extreme circumstances. The Investigating Officer will, in consultation with HR, make the final decision regarding protection of identity.The decision about whether to progress a complaint will normally rest with the complainant. HIL will consult with them if it judges there is a need to act because there is an unacceptable risk, although it will ensure that the complainant is not directly involved unless they agree.It is important for both the complainant and HIL that the alleged harasser must not be pre-judged and that they have rights which include being informed of any allegations which are to be investigated and being given the opportunity to state their case.A complaint, if found to have been made with mischievous or malicious intent, will itself provide grounds for disciplinary action against the complainant.10.RecordingSensible measure for recording incidents will be taken so that they can be used in referral.11.Multi-Agency Protocol (MAP) on Hate CrimeThe MAP is a code of practice which aims to create a consistent standard for reporting and tackling hate crime/incidents across Norfolk by:encouraging victims to report hate incidents/crimes by providing a number of places where they will feel safe in telling people they trust about what is happening to them;helping staff to take reports of hate incidents/crimes from members of the public andhelping staff to recognise hate crime and feel confident in dealing with it reporting hate incidents/crimes they see when the victim is unable or unwilling to report it themselvesDefinitionsA hate incident is – any incident which may or may not constitute a criminal offence and is perceived by the victim, a witness or any other person to be motivated by prejudice or hatred.A hate crime is – any hate incident, which constitutes a criminal offenceHate incidents or crimes occur when a person is targeted because of an actual or perceived aspect of themselves, their appearance or lifestyle. This could be: age, disability, culture, ethnicity, national or racial origin, gender or gender identity, religion, sexual orientation etc.12.MonitoringThis policy forms part of HIL’s strategy towards equal opportunities and will be monitored along with other policies in this field. Additionally records of formal complaints and where, why and how they occurred will be monitored to identify any problem areas.How to handle a complaint informally-85090135890Incident00Incident44945305928360No00No5492750266255500183515022053550039382701473835007378704679950021094704796155Appoint external mediator00Appoint external mediator58293002302510End00End21094703607435Arrange informal reconciliation meeting00Arrange informal reconciliation meeting8001001502410001143004681855Is mediation appropriate?00Is mediation appropriate?68580032169100066992541795700024752306259195004395470534479500 37719003736340No00No53721003507740000222250Are you able to resolve with personal approach?00Are you able to resolve with personal approach?1714500107950Yes00Yes3337560222250Has a personal approach been successful?00Has a personal approach been successful?33877251022350No00NoYes571500028200350053721002820035001485900282003500480060040773350054864003848735Outcomes agreed by all parties00Outcomes agreed by all parties49149003505835Yes00Yes38862003734435Has case been resolved?00Has case been resolved?54864005334635End00End14859003391535Yes00Yes1143003277235No00No102870033915350010287003391535005829300453453500308610040773350012573003963035000876935Discuss complaint with HR support officer, line manager, trade union representative or other employee00Discuss complaint with HR support officer, line manager, trade union representative or other employee365760029343350043434002362835Has meeting resolved the position?00Has meeting resolved the position?14859007683500377190028968700045720003054350033375601249045Issue resolved. It may be helpful to keep a personal note in case of further recurrence.00Issue resolved. It may be helpful to keep a personal note in case of further recurrence.68580041916350015608302362835Yes00Yes53016152477135Yes00Yes800100534035No00No63502553970Is informal resolution appropriate?00Is informal resolution appropriate?4914900534035Yes00Yes1892305014595Go to flowchart for formal investigation of harassment00Go to flowchart for formal investigation of harassment8001004305935No00NoHow to handle a formal complaint2658110140970Does incident constitute a grievance?00Does incident constitute a grievance?32956503599815Yes00Yes26600154222750Is behaviour modification appropriate?00Is behaviour modification appropriate?329247549390300024053805481955Discuss and agree changes with those concerned00Discuss and agree changes with those concerned329247561741050040195503636010001050925338137500171450070688200017145007068820003429007411720Continue to monitor position and/or arrange review meeting after three months00Continue to monitor position and/or arrange review meeting after three months3314700329692000-1066803748405Arrange any necessary changes to allow continued effective and harmonious working00Arrange any necessary changes to allow continued effective and harmonious working22860006352540Document and record agreed changes - to be signed by all concerned parties00Document and record agreed changes - to be signed by all concerned parties560070047047150025146002533015Has investigation established that harassment has occurred?00Has investigation established that harassment has occurred?45720003676015Take any necessary action under lack of capability, grievance, discipline or other procedure00Take any necessary action under lack of capability, grievance, discipline or other procedure20574003613150021094701001395Convene formal investigatory meeting/carry out investigationInform departmental HR officer for harassment procedure monitoring form to be initiated00Convene formal investigatory meeting/carry out investigationInform departmental HR officer for harassment procedure monitoring form to be initiated33147002075815004133215544195Yes00Yes40005004069080No00No18478503399155No00No3389630727075No00No32956504680585Yes00Yes476123086995Initiate grievance proceedings00Initiate grievance proceedings32981906356350011036306670675001103630465899500402971036131500-8509086995Request to the manager for formal investigation00Request to the manager for formal investigation4304030667067500 ................
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