Employment Policies, Procedures & Guidance

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1 HARASSMENT AT WORK POLICY Introduction The Council, as part of its responsibility as an employer for providing a safe and healthy workplace and working environment for all its employees, is committed to: Developing a positive culture and a working environment free from harassment of any type; where everybody is treated with dignity and respect Promoting a climate of greater confidence to challenge harassment; and Putting in place appropriate procedures to enable incidents of harassment to be dealt with quickly and effectively. Putting in place appropriate solutions to enable working relationships and the working environment to be improved and maintained. This document is in three parts: Part 1- The Council s Policy Statement Part 2- General Statement Part 3- The Council s Procedure for dealing with complaints of Harassment Harassment at Work May 2005 Rev July

2 Part 1- The Council s Policy Statement The Council has adopted the following statement of policy on harassment: (i) (ii) (iii) As stated in the Council s Equal Opportunities Policy the Council supports the rights and opportunities of all people to seek, obtain and hold employment without discrimination in any form. The Council will not tolerate any form of harassment or bullying at work from any source, including elected members, managers, employees, customers, service users and contractors and acknowledges that such behaviour may be unlawful. The Council recognises and accepts its responsibility as an employer to protect its employees from harassment at work and to develop positive values and working culture. (iv) Employees who are found responsible for harassment at work may be dealt with under the Council s Disciplinary Procedures and may be subject to disciplinary sanction. (v) The Council may impose sanctions on all third parties e.g. services users, contractors, tenants or members of the public who are found responsible for harassing employees of the Council. (vi) The Council will not tolerate victimisation of any employee who has complained of harassment or who has provided information about such harassment. Employees who are found responsible for such action may also be dealt with under the Council s disciplinary procedures, and sanctions may be imposed on all third parties who are guilty of such action. (vii) The Council will ensure that support and training is provided to managers, supervisors and employees generally on the application of this policy. (vii) The Council will ensure that advice and support is provided for employees who may be subjected to harassment at work. (viii) Malicious allegations of harassment or bullying or those brought in bad faith may be dealt with under the disciplinary procedure. Elected Member Responsibilities Elected Members will: Promote the Organisation s values and the importance of a positive working culture Harassment at Work May 2005 Rev July

3 Ensure that there is an effective policy and procedure in place to enable incidents of harassment to be dealt with quickly and effectively. Periodically review the effectiveness of the policy and ensure that any necessary changes are made to the policy through the Chief Executive. Comply with their responsibilities under the Code of Conduct. Be aware of their own behaviour and the effect it may have on other people and ensure that their behaviour does not contribute to incidents of harassment or bullying. Manager/ Supervisor Responsibilities Specifically, managers/ supervisors are responsible for: Taking all reasonable steps to prevent harassment or bullying by considering their own management style and behaviour and ensuring that they support the values of the Organisation; and by providing a work environment where it is clear to all staff that behaviour which may potentially cause offence is not acceptable. Taking all reasonable steps to satisfy their proactive duty to acknowledge and act upon any potentially bullying or harassing behaviour prior to the employee highlighting the issue. Taking appropriate action if bullying or harassment occurs and ensuring that complaints are treated sensitively and seriously in accordance with the procedure. Taking all reasonable steps to ensure, where possible, that complaints are effectively dealt with prior to the need to utilise the formal procedure. Employee Responsibilities All employees are required to comply with this policy and are encouraged to take appropriate measures to ensure that bullying or harassment does not occur, including: Being aware of their own behaviour and the effect it may have on other people, treating everybody with dignity and respect and ensuring that their behaviour supports the values of the Organisation and does not contribute to incidents of bullying or harassment. Being aware of the problems which bullying or harassment can cause. Bringing to the attention of colleagues that certain conduct or behaviour is causing concern or offence to themselves Harassment at Work May 2005 Rev July

4 Providing support to a colleague who is being bullied or harassed. Being aware of the consequences of making malicious allegations Part 2- General Statement 1. Definition of Harassment The Council will not tolerate harassment at work from any source including elected members, managers, employees, customers and contractors and acknowledges that such behaviour may be unlawful. The Council may impose sanctions on third parties, e.g. customers, contractors who are found responsible for harassing employees of the Council. Harassment is unwanted conduct affecting the dignity of men and women at work, which can lead to an intimidating, hostile or humiliating work environment for the recipient. Harassment includes unwelcome physical, verbal or non-verbal conduct and can be targeted at individuals because they are perceived as being different or belonging to a minority group. The difference may be perceived as based upon age (chronological or perceived), race, ethnic origin, nationality, religion or belief, gender, sexual orientation, disability or political beliefs. Despite its many forms harassment is always unwanted and unwarranted, the cause of discomfort, and undermines confidence. 2. Types of Harassment Sexual harassment can be experienced by either men or women and is established where objectionable behaviour is based on the sex of an individual employee or group of employees. It may include: Verbal or non-verbal conduct including suggestive remarks, jokes, conversations, gestures or pornographic images. Sexual contact from unwelcome touching to assault. Unwelcome sexual advances or requests for sexual favours which may be linked to promises or threats about employment prospects. Racial harassment The Stephen Lawrence Inquiry defines a racist incident as, any incident which is perceived to be racist by the victim or any other person. The City Council has adopted this definition and is committed to reducing incidents of racial harassment both in the community and within the workplace Harassment at Work May 2005 Rev July

5 Racial harassment is unacceptable, unreasonable, unwelcome and offensive behaviour based on race, colour, religion, ethnic origin, or nationality of an individual. It may include: Jokes or comments of a racial nature. Ignoring and isolating individuals because of their race or nationality. The Council is committed to developing a work environment free from harassment of any kind and to putting in place appropriate measures to enable incidents of harassment to be dealt with quickly and effectively. Harassment on the grounds of sexual orientation The fact that many lesbian women and gay men conceal their sexual orientation renders them particularly vulnerable to unwitting harassment. There may be no intention to harass, but if conduct has the purpose or effect of violating dignity, or creating an intimidating, degrading, hostile, humiliating or offensive environment, then such behaviour is harassment. Workplace Bullying Workplace bullying is a form of psychological or physical harassment. Bullying tends to involve a large number of incidents, which may be individually trivial but over a long period of time comprise of unjustified behaviour. The following definition of Bullying has been adopted by the Council: Bullying is persistent, offensive, abusive, intimidating, malicious or insulting behaviour which amounts to an abuse of power and makes the recipient feel upset, threatened, humiliated or vulnerable. Bullying undermines an individual s self confidence and may cause them to suffer stress. Legitimate, constructive and fair criticism of an employee s performance or behaviour either dealt with informally or through formal capability or disciplinary proceedings is not bullying. Similarly legitimate management actions and decisions, which may impact upon employees, are not examples of bullying. People can of course be subjected to bullying on a wide variety of grounds for example: Race, ethnic origin, nationality, skin colour; Sex, sexual orientation; Health, physical characteristics, personality; Personal beliefs, including religious or political convictions; Willingness to challenge harassment, leading to victimisation; Membership/non-membership of a trade union; Disabilities; Age (chronological or perceived); Being a Carer. This list is not exhaustive. Anyone who is perceived as vulnerable or different may be harassed or bullied. Harassment may occur between people of the same sex or the opposite sex Harassment at Work May 2005 Rev July

6 3. Forms of Harassment Harassment may take many forms and may include: Physical contact ranging from touching to serious assault; Verbal and written harassment, through jokes, comments, offensive language, gossip, letters; Visual display of potentially offensive posters, calendars; Graffiti, obscene gestures; Inappropriate use of ; Inappropriate behaviour at work-related social functions; Isolation or non co-operation at work; Coercion ranging from pressure for sexual favours to pressure to participate in political/religious groups; Intrusion by pestering; Withholding information, resources or training; Setting impossible work objectives. It is also important to remember that harassment may occur between employees outside the workplace or outside of working hours e.g. at a social event. Such behaviour is still covered by this policy. In certain circumstances harassment may constitute a criminal offence 4. Effects of Harassment Harassment leads to an unpleasant, intimidating and hostile working environment, which has a direct impact on organisational effectiveness. Harassed employees may suffer from stress, anxiety and fear which may lead to increased absenteeism, an apparent lack of commitment, poor performance, and even resignations. The damage, tension and conflict which harassment causes within the workplace should not be underestimated. Low morale, high staff turnover, reduced productivity, lower efficiency and divided teams may result. 5. Support and Advice- the Role of the Harassment Adviser In order to provide an additional source of support and advice a number of employees within the Council are designated Harassment Advisers with whom employees can discuss incidents of harassment if they so wish. Advisers are able to provide support to both employees with complaints of harassment and employees who are accused of harassment. Harassment Advisors can be contacted by calling the confidential Harassment Line on Harassment at Work May 2005 Rev July

7 Employees with Complaints of Bullying or Harassment The role of Advisers is to provide support and sympathetic assistance to employees with complaints of harassment. The Adviser will discuss the options open to the employee and help the employee determine if and how they want to progress matters, including: Advising what the terms bullying and harassment mean and what kinds of behaviour may constitute bullying or harassment. Explaining to them the procedure for dealing with complaints of harassment, potential outcomes and implications. Promoting the benefits of resolving the complaint in the early stages of the process. Explaining the conciliation/ mediation process Supporting the employee in reporting the complaint in accordance with the procedure. Establishing the main details of the complaint and supporting them in preparing a written statement. Assisting and supporting the employee in any subsequent meetings. (This is not an advocacy role.) Employees who are Accused of Bullying or Harassment Advisers also provide advice and support to employees who are accused of harassment and can discuss: What the terms bullying and harassment means and what kinds of behaviour may constitute bullying or harassment. Explaining to them the procedure for dealing with complaints of harassment, potential outcomes and implications. Explaining and promoting the conciliation/ mediation process. Assisting and supporting the employee in any subsequent meetings. (This is not an advocacy role.) In each case the Adviser s role will be agreed with the employee concerned. Advisers will discuss cases in confidence and will not divulge information to any other person without the knowledge of the employee. Advisers will discuss the issue of confidentiality with employees before continuing with the details of the complaint. Employees, who have been bullied or harassed are not obliged to refer their complaints to an Adviser, and the involvement of an Adviser does not preclude the Harassment at Work May 2005 Rev July

8 involvement of Trade Union representatives in assisting their members. However, the provision of Advisers aims to ensure that employees are not discouraged from bringing forward complaints and that employees who are accused of bullying or harassment are not isolated from the process and have the opportunity to seek advice and support to encourage speedy and appropriate solutions to problems. Training Employees who are designated as Advisers, will receive appropriate training to enable them to carry out their role. Separation of Roles Employees who act as Advisers will not take on any other subsequent role in any disciplinary proceedings in respect of that case. Similarly, advisers will not be able to offer support to both a complainant and the employee accused of harassment in the same case. Other Sources of Support All employees have access to the Employee Assistance Programme. This service is free and provides confidential advice and support. Further information on this service can be obtained from Corporate Personnel Services by contacting AskPersonnel on Conciliation/Mediation An independent conciliation/mediation service will be used where this may be beneficial to either resolving a complaint informally or as part of the solution following a full investigation. The purpose of the conciliator/mediator would be to play an important role in probing and evaluating the relevant facts of the case, the emotions and feelings of the parties, establishing the different perceptions of the issues and encouraging conciliation through an agreed action plan, based upon behaviours. Trained conciliators and mediators will be used. These may be internal or external to the Council. 7. Publication and Implementation The Council will issue a clear statement that it will not tolerate the bullying or harassment of its employees from any source and that it will impose sanctions on those parties who are guilty of bullying or harassment. This policy will be communicated to all Elected Members and employees of the Council to ensure that all are aware of: The Council s commitment to eliminating harassment at work; How to make a complaint in accordance with the procedure; The support and advice available Harassment at Work May 2005 Rev July

9 In addition, appropriate training and guidance will be offered to Managers to enable them to take preventative action and to deal with complaints of bullying or harassment effectively. All employees who are requested to investigate complaints (Investigating Officers) will have received training and guidance in their role. 8. Trade Union Commitment This policy and procedure has been developed with the support and assistance of the Trade Unions. 9. Monitoring This policy will undergo a periodic review in order to monitor its effectiveness and to determine whether further measures are necessary Harassment at Work May 2005 Rev July

10 1. Seeking Advice Employment Policies, Procedures & Guidance Part 3- Procedure for dealing with all Complaints of Harassment / Bullying at Work. Employees may seek advice and assistance about their complaint from the following people. Who they choose to contact is their decision, and may depend upon the nature of the problem and who they feel most comfortable in approaching: Line Manager, Senior Manager, Adviser, Trade Union Representative, HR /Personnel Manager or their representative. 2. Procedure Prior to the employee highlighting the issue, their manager, if aware, is under a proactive duty to acknowledge and act upon any potentially bullying or harassing behaviour. In these circumstances the manager should take all reasonable steps to ensure, where possible, that complaints are effectively dealt with prior to the need to utilise the formal procedure. However, where the manager is not aware of the situation, the initial action to be taken when an employee believes that they are being harassed will depend upon the seriousness of the situation and whether they feel able to deal with it. Where possible, and in less serious cases, if they feel able and comfortable in doing so, the employee should approach the harasser, make it clear that the behaviour is unwelcome and ask the harasser to stop. They can do this either in person or in writing. Following discussions between the employee and an appropriate manager and/or a harassment advisor the matter shall be referred to the mediation/conciliation service with the intention of resolving the complaint at the earliest stage possible. A record of all approaches should be kept by all parties. This information should be held on an individual case file and stored in a locked cupboard. Records of approaches should not be kept on an individual s personal file at any stage. However, following completion of a full investigation the outcome will be recorded on the harassers file if found against him/her. In some cases, following the mediation/conciliation process, it may be considered that this approach is not sufficient or may not work resulting in the behaviour in question continuing. In these circumstances a complaint should be registered. In such cases in order to ensure that complaints of bullying or harassment are dealt with in a way that is appropriate to the circumstances of that particular case, it is essential that the following elements are incorporated into the way that it is dealt with: Harassment at Work May 2005 Rev July

11 Registration of Complaint A detailed written statement of the complaint should be sent to the Corporate Head of Personnel who will maintain a register of all complaints. The Corporate Head of Personnel or her Representative will advise and copy the complaint to the appropriate Chief Officer who will nominate an appropriate Senior Manager to manage the complaint and to hold a Preliminary Meeting with the Complainant as soon as possible and at least within 5 working days of receipt of the complaint by the Directorate. Preliminary Meeting At the preliminary meeting the nominated Senior Manager together with an HR/Personnel Manager or their representative will meet with the Complainant. The Complainant has the right to be accompanied by a work colleague, trade union representative or an Adviser. At this meeting the Complainant will be invited to explain the basis of their complaint which will be sensitively discussed to determine: 1. Whether the complaint is appropriately dealt with under the harassment procedure or for example whether it should be redirected to the Grievance Procedure or another procedure. 2. Whether all appropriate early stages to resolve the problem have been exhausted, e.g. actions by either the Senior Manager or the individual Complainant, using conciliation or mediation processes. 3. Whether the complaint is genuine. After careful consideration the Senior Manager, with advice and support from the HR/Personnel Manager or their representative, will decide, which may involve some preliminary investigation, how the complaint will be dealt with. This may include revisiting the mediation/conciliation process. Timescale All complaints will be dealt with as sensitively and as quickly as possible. A timescale for dealing with the complaint will be agreed between the parties involved, where practicable. All parties will be informed of the relevant timescales. Investigation Where it is decided that the registered complaint will progress to a full investigation, this will be facilitated by individuals with the appropriate seniority, integrity, knowledge, skills and experience who are able to carry out an investigation into the allegations and to produce an objective report and recommendations. The investigation may be facilitated internally or externally to the Council. Where possible the investigation should be carried out by two investigating officers, preferably one male and one female. The investigation will be carried out in such a way that it satisfies the requirements of the Council s Disciplinary Procedure as the report may be used in disciplinary proceedings. For more detailed information on the principles of investigation please refer to the disciplinary procedure. A report will be prepared and given to the nominated Senior Manager Harassment at Work May 2005 Rev July

12 In cases of alleged sexual harassment a male and a female investigator must carry out the investigation jointly. The investigators may be internal or external to the Council. If the alleged harasser is an employee of the Council, consideration should be given, to whether the alleged harasser should be suspended from duty or temporarily transferred to facilitate a full and fair investigation. This will depend upon the circumstances and seriousness of the complaint. In cases where the alleged harasser is not an employee of the Council consideration should be given to any action which needs to be taken to allow a full and fair investigation to take place. Care must be taken to ensure that the conduct of the investigation does not undermine the rights of any of the parties involved. Senior Officers of the Council In cases where the alleged harasser is a Chief Officer, the matter should be reported to the Corporate Head of Personnel. In cases where the alleged harasser is the Chief Executive, the matter should also be initially reported to the Corporate Head of Personnel. Elected Members In cases where the alleged harasser is an Elected Member, the Chief Officer and Corporate Head of Personnel will immediately report the matter to the Chief Executive. The Chief Executive will then refer the matter to the Leader of the appropriate political group and consideration will be given to referring the matter to the Standards Board. Criminal Offences Where it appears that a criminal offence may have been committed (e.g. physical assault, criminal harassment, indecent assault), the Chief Officer will discuss the matter with the Corporate Head of Personnel and City Solicitor. The matter will be referred to the police for investigation, in accordance with the Council s Disciplinary Procedure. Communication Unless there are exceptional circumstances, which would make it inappropriate, the alleged harasser should be informed that a complaint has been made about their behaviour and that an investigation is being undertaken. All parties should be kept informed of progress made and action taken including the Corporate Head of Personnel. Representation Both the Complainant and the alleged harasser, where this is a Council employee, have the right to be accompanied by their Trade Union Representative or an Adviser or a work colleague, at any meetings connected with the complaint, which they are asked to attend. Confidentiality Confidentiality will be maintained in so far as it is consistent with this policy and procedure Harassment at Work May 2005 Rev July

13 Conclusions The Complainant will be advised of the findings of the investigation. A copy of the report, or extracts, as appropriate, will be given to the Complainant by the Senior Manager. The Senior Manager s decision regarding the action they have taken, including the reasons for it, will be confirmed in writing to the Complainant. The alleged harasser will also be advised of the findings of the investigation and will be given a copy of the report or extracts as appropriate. The outcome of the investigation, including any action taken, will also be confirmed in writing to the alleged harasser. If the outcome of the investigation finds against the harasser then a copy of the action taken should be kept of the harassers personal file. The Chief Officer will also confirm what action has been taken to the Corporate Head of Personnel. Final Stage If the Complainant remains aggrieved they should advise their Chief Officer in writing within 10 working days of receiving written confirmation of the Manager s decision. The Complainant must provide reasons why he/she remains aggrieved. The complaint shall be reviewed by the Chief Officer together with the Corporate Head of Personnel or their Representatives. The purpose of this review is to revisit the documentation and the Complainant shall be informed that they may submit further documentation at this stage should they wish to do so. The complainant has a right to attend the review meeting and has the right to be accompanied by a work colleague, trade union representative or an Adviser. This will be the final decision of the Council. The Complainant will be advised by the Chief Officer of this decision within 10 working days Sanctions If it is concluded that harassment has taken place, then appropriate action will be taken. This will depend on the circumstances and seriousness of the case. The matter may be dealt with under the disciplinary procedures for employees of the Council. Outcomes might include formal disciplinary sanctions, counselling or a compulsory transfer. In respect of Elected Members, the matter will be dealt with in accordance with the regime provided by Part III of the Local Government Act In the case of third parties (e.g. customers, service users, tenants, contractors), the following are examples of action which will be considered: exclusion from premises, withdrawal of services, and termination of contract Harassment at Work May 2005 Rev July

14 Harassment Procedure including Mediation Manager s duty: a manager has a proactive duty to acknowledge and act upon any potentially bullying or harassing behaviour prior to the employee highlighting the issue Relationship problem: where the manager fails to recognise the issue and the individual(s) feels dissatisfied with a work relationship the following steps may be taken First point of contact: telephone Corporate Personnel Services confidential line to express concern Referred to Adviser: the individual speaks to a trained adviser to discuss their situation Action options: depending on the circumstances, the Adviser presents the individual with the informal options available Mediation process: Mediation between them and the other party(s) is initiated No action: The individual requests that no formal action be taken Harassment Procedure: The individual registers a complaint under the harassment at work policy No action: It is decided that no further action will be taken Complaint sent to employing Directorate: Preliminary meeting with Complainant, the nominated Senior Manager and HR/Personnel Manager or their representative. All informal options exhausted? Decide way forward. - inform alleged harasser? - temporary transfer? suspension? - if third party, impose sanctions? Mediation process is initiated Investigation Report Prepared Meeting with Complainant to discuss findings, and any other action, which may include proposed mediation/ conciliation Outcome confirmed in writing with a copy to the Corporate Head of Personnel Decision reviewed by Chief Officer/Corporate Head of Personnel if Complainant remains aggrieved. Meeting with alleged harasser to discuss findings and any further action. - if employee may include disciplinary action, mediation/conciliation - if third party may include sanctions if guilty of harassment Outcome confirmed in writing with a copy to the Corporate Head of Personnel Harassment at Work May 2005 Rev July

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