LNCT. circular 13a. Bullying and Harassment Framework and Procedures for Teachers 1. INTRODUCTION 2. PRINCIPLES

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1 LNCT Loca Negotiating Committee for Teachers June 2011 circuar 13a Impementing a Teaching Profession for the 21st Century Buying and Harassment Framework and Procedures for Teachers 1. INTRODUCTION 1.1 The Grievance Framework and Procedure for Teachers (LNCT 13) offers every teacher the right to seek redress for grievances reating to their empoyment, specificay with regard to issues reating to work, the working environment and working reationships. Where, however, a Teacher is being buied or harassed then it is appropriate to have another procedure specificay to dea with this. Any compaint made by a teacher regarding buying/harassment/intimidation/ victimisation, wi therefore be deat with as detaied within this agreement (LNCT 13a) and not LNCT For ease of reference a person making a compaint regarding buying and harassment is referred to as the compainant within this agreement, and the person accused of buying and harassment is referred to as the respondent. 1.3 Any compaint made by a teacher wi be deat with under this poicy. Where the compainant is not a teacher, but the respondent is a teacher, then the poicy reating to the compainant s conditions of empoyment wi appy. 2. PRINCIPLES 2.1 Gasgow City Counci Education Services and Trade Unions are competey committed to having a workpace free from buying and harassment. Teachers shoud be aware of expectations and responsibiities in reation to buying and harassment and shoud aso be cear what to do if they are experiencing buying and harassment and the support options avaiabe. 2.2 The purpose of this agreement is to support the impementation of the Buying and Harassment poicy. The aim of the poicy is to ensure fair treatment; recognise the impact of buying and harassment on staff and Education Services and to emphasise the duties and responsibiities of management and staff in the face of intoerabe behaviour and inappropriate treatment in the Service. 2.3 Teachers have a duty to understand how their behaviour affects others. They have a roe to pay in creating a cimate where buying and harassment is unacceptabe. They can achieve this by having an awareness and sensitivity towards the issues of buying and harassment and by making sure that their standards of conduct do not cause offence. 2.4 Teachers may not reaise the effect of their behaviour on coeagues. That is why it is important that a teachers famiiarise themseves with this agreement and Gasgow City Counci s Poicy on Buying and Harassment and reaise the possibe effects of their conduct on others. This shoud ensure that empoyees: Treat feow workers with dignity and respect; Think about their behaviour and actions, and how these may impact on others; Meet the requirements of Counci poicies introduced to ensure equa opportunity and non-discrimination; Don t buy, harass, or victimise coeagues or any other person on any grounds; Don t dispay behaviour or actions that are unwecome or undermine feow empoyees or any other person; Report suspected acts of unacceptabe behaviour or practices; Don t make fase accusations which damage another person s reputation, dignity and character. 2.5 Head Teachers and a Promoted Teachers have a responsibiity to uphod and promote this agreement and the Counci s Buying and Harassment poicy. They shoud treat empoyees fairy and with dignity and respect and make sure the working environment is free from buying, harassment and victimisation. LNCT CIRCULAR 13a Education Services Gasgow City Counci 1

2 They shoud: Encourage an atmosphere of toerance and respect. Lead by exampe through a fair and open management stye. Ensure that a empoyees they are responsibe for, are aware of, and understand this agreement and the Counci s Buying and Harassment Poicy as appropriate. Be aware of their team members behaviours and take steps to address any action which may cause offence or distress. Be supportive of empoyees who come to them with concerns. 3. DEFINING BULLYING AND HARASSMENT 3.1 There are many definitions of buying and harassment. Harassment is unwanted behaviour which has the purpose or effect of vioating a person s dignity, or creating for that person an intimidating, hostie, degrading, humiiating or offensive environment, particuary on the grounds of age, race, sex, disabiity, sexua orientation and reigion or beief. 3.2 Buying may be characterised as offensive, intimidating, maicious or insuting behaviour, an abuse or misuse of power through means that undermine, humiiate, denigrate or injure the recipient. 3.3 Exampes of these behaviours woud be: spreading maicious rumours, or insuting someone; ridicuing or demeaning someone picking on them or setting them up to fai; excusion, victimisation or unfair treatment; overbearing supervision, other misuse of power or position or excessive and unwarranted scrutiny; unwecome sexua advances touching, standing too cose; asking for sexua favours; making decisions on the basis of sexua advances being accepted or rejected; making threats or comments about job security without foundation; deiberatey undermining a competent worker by overoading and constant criticism; preventing individuas progressing by intentionay bocking promotion or training opportunities; aggressive body anguage, shouting at someone or physica intimidation; unpredictabe behaviour. 3.4 Buying and harassment is not necessariy carried out face to face, it coud be by written communications, visua images (for exampe pictures of a sexua nature or embarrassing photographs of coeagues), e-mai, phone, and automatic supervision methods such as computer recording of downtime from work, or recording of teephone conversations if these are not universay appied to a workers. 3.5 Buying is usuay persistent and repetitive behaviour however, some buying can be serious enough to be recognised even if the behaviour was an isoated incident. Buying can range from extreme forms such as vioence and intimidation to ess obvious actions, such as deiberatey ignoring someone. 4. MANAGEMENT DECISIONS 4.1 It is important to note that every day managers have to make decisions and take necessary action to deiver services. Where a manager performs their duties or appies appropriatey another agreement e.g. LNCT 11, this does not amount to buying and harassment. 5. ORGANISATIONAL CHANGE 5.1 Organisationa change can at times resut in empoyees feeing apprehensive, upset, and resistant to change. Organisationa change is not intended to undermine or humiiate empoyees but is aways aimed at improving counci services or meeting economic chaenges. Organisationa change does not amount to buying or harassment. 5.2 Equay, it is important to note that staff and their representatives wi have to make enquiries and representations with regard to egitimate professiona and contractua issues to their ine manager(s) as appropriate. Where a teacher or representative makes representation or formay requests a professiona meeting to discuss matters of enquiry and concern, this does not amount to buying and harassment. A approaches wi be made in a professiona and courteous manner and ikewise, reciprocated in accordance with the principes of dignity at work.. 2 Gasgow City Counci Education Services LNCT CIRCULAR 13a

3 6. KEY ACTIONS/PROCEDURES 6.1 There are 5 key steps a Teacher shoud foow if they fee they have been subjected to unacceptabe behaviour: 1. Do not ignore the probem. 2. Confide in someone. 3. Understand the poicy and the options avaiabe. 4. Keep a record of any incident(s). 5. Consider taking action. 6.2 Confiding in Someone It can be important to get support. This may be difficut and it may be difficut to know who to trust, there are a number of options incuding: a trained counseor from the Counci s Empoyee Assistance Provider, who can be contacted by phone on , 24 hours a day, every day; any of Education Services trained Harassment Contacts (avaiabe on Connect); a work coeague; a trade union representative; the ine manager or senior manager if the compaint is about the ine manager. 6.3 Record Incidents As soon as possibe after any incident a note shoud be made of: what happened, incuding detais of the aeged incidents, any statements made or a description of the unacceptabe behaviour. A record of the date time and ocation shoud be incuded together with who was invoved or witnessed the incident. This record shoud be factua and copies of supporting evidence shoud be kept. 7. INFORMAL APPROACH 7.1 It is important for everyone invoved to respect the rights to confidentiaity of a parties invoved, whichever approach is taken, when deaing with a compaint of buying and harassment. 7.2 Where possibe a teacher who fees they are a victim of unacceptabe behaviour shoud tak to the person directy, either aone or with support. It is aso possibe to ask someone ese to do so on their behaf. If someone ese provides support they shoud be a work coeague, a trade union representative, a ine manager or a senior manager where the compaint is about the ine manager. The empoyee (or the person seected to offer support) shoud tak to the person directy about their behaviour, expain how it has affected them and ask them to stop behaving in that way. More advice regarding how to approach this meeting is contained within Gasgow City Counci s Guide to stopping Buying and Harassment (avaiabe on Connect). 7.3 A fow chart expaining the informa approach is attached (Appendix 1). 7.4 If the compaint is not resoved informay or, if the teacher wishes, they may progress to the forma approach. 8. FORMAL APPROACH 8.1 Where the individua is unsure whether or not LNCT 13a is the most appropriate poicy then they shoud consut HR and/or their Trade Union for advice. 8.2 A forma compaint shoud be made in writing using the Harassment Compaint Form (Appendix 2). This wi normay be submitted to the ine manager. If the compaint is against the ine manager, then the compaint can be submitted to another manager, Education HR or an investigator (detais of investigators for Education Services can be provided by the HR Advice and Guidance Team). 8.3 As with the informa approach, a compaint can be made independenty, with support or through someone ese acting on behaf of the teacher who fees buied/harassed. If someone provides support they shoud be a work coeague, trade union representative, ine manager or senior manager if the compaint is about the ine manager. 8.4 Investigation The Counci has identified and trained investigators to ensure an efficient, fair and consistent approach. Their roe is to carry out a prompt, thorough and impartia investigation, which wi be conducted according to the principes of section 5.1 of LNCT The teacher making the compaint wi normay be asked to attend a meeting to discuss it. This wi be with an impartia investigator and wi not invove the person who is accused of the buying/harassment. The teacher wi have the right to be accompanied at this meeting by LNCT CIRCULAR 13a Education Services Gasgow City Counci 3

4 a work coeague or trade union representative. The teacher making the compaint wi be asked to expain what has happened, when, who has been invoved, and how they fet as a resut. If records of the incident(s) have been kept then this shoud be discussed at the meeting After the initia meeting, the appointed investigator wi decide if the compaint fas within the definition of buying and harassment and if so, start a forma investigation. Where the compaint is not best deat with under LNCT 13a then the individua wi be referred to HR and/or their trade union to take advice on the most appropriate mechanism to dea with the compaint which is ikey to be LNCT 13. A parties invoved wi be advised of this decision The investigating officer wi arrange to meet with the person accused of the buying and harassment and wi ensure they are aware of the nature of the aegation prior to this meeting. The investigating officer wi aso interview any witnesses identified by both parties if those witnesses may have information reevant to estabishing the facts. They may aso want to speak to the teacher making the compaint again. A parties invoved wi have the right to be accompanied/represented by a trade union representative or feow empoyee during meetings at every stage of the process Every effort wi be made to compete the investigation within 30 working days. This wi hep reduce any further distress to a parties. If circumstances outwith the contro of the investigator arise, revised timescaes wi be notified to a parties. 8.5 Investigation competed When the investigation is compete the investigator wi prepare a report which wi concude whether or not any buying or harassment has taken pace and make recommendations based on these concusions. 8.6 Compaint Rejected Where the investigator determines that buying and harassment has not taken pace, then the compaint wi be rejected. The compainant has the right to appea to the Executive Director of Education Services within 7 days of receiving a etter confirming the outcome of the investigation. This shoud be submitted in writing detaiing the reasons for the appea. The Executive Director or nominated senior officer wi usuay arrange the appea hearing within 10 working days of receipt of the written detais of the appea. 8.7 The Appea Hearing The appea hearing wi be conducted as foows: The teacher and/or their representative sha present their case oray and/or in writing i.e. they wi say why they beieve the investigating officer has not reached the correct decision The investigating officer sha then present his/her case oray and/or in writing and wi detai why they beieve they have reached the correct decision The nominated senior officer sha then have the opportunity to question both parties. Both parties sha then have the opportunity to cross question each other. It sha be open to either party to ca reevant witnesses. Any witnesses caed may be questioned by the party caing the witness, the other party invoved and by the nominated senior officer hearing the appea. Both parties may then make a concuding statement. 8.8 The decision of the officer hearing the appea is fina. However, this is without prejudice to pursuing the matter under aws covering discrimination and harassment. 8.9 A fow chart expaining the forma approach is attached (Appendix 3). 9. Compaint is Uphed 9.1 Where the investigating officer s report concudes that buying and harassment did take pace and uphods the compaint, this may ead to either a discipinary hearing for the individua invoved, or an aternative course of action, depending on the nature of the buying and harassment e.g. mediation, training. 9.2 Where discipinary procedures are invoked, the procedures wi be hed in accordance with the respondent s terms and conditions of empoyment. The investigatory process outined within this document meets with the requirement for an investigation under LNCT 12 paragraph Gasgow City Counci Education Services LNCT CIRCULAR 13a

5 10. DUTY OF CARE 10.1 Any discussions regarding a buying and harassment compaint with a manager, Harassment Contact or Education HR are treated as confidentia with the decision to progress a compaint ying with the empoyee. Gasgow City Counci however has a duty of care to a empoyees and can be responsibe in aw for the acts of its workers. In exceptiona circumstances therefore, where the empoyee is unwiing to pursue a compaint, this must be baanced with the Counci s duty of care to ensure the wefare of a empoyees. Where there is an unacceptabe risk, steps may have to be taken to pursue the matter further. This wi ony be done in consutation with the empoyee who fees they are being buied or harassed. 11. FALSE ACCUSATIONS 11.1 Gasgow City Counci, Education Services has a duty of care to every empoyee. Fase accusations are those that are made without grounds, substance or evidence and with the intention to deiberatey cause upset and distress If an accusation is made in good faith but is not confirmed by the investigation no action wi be taken against the individua making the accusation. If, however an investigation finds that an aegation is maicious, the empoyee making the aegation may be subject to discipinary action. 12. FURTHER INFORMATION 12.1 More information and guidance on the roes, responsibiities and activities of those invoved in this process is contained within Gasgow City Counci s Guide to stopping Buying and Harassment Gasgow City Counci s Buying and Harassment Poicy and a documentation provided in reation to Buying and Harassment is noted beow and supports this agreement. Guide to stopping Buying and Harassment Buying and Harassment Leafet Five Key Steps Roes and Responsibiities God Buying and Harassment Courses Buying and Harassment Master cass Training Sessions Gasgow City Counci Education Services, June 2011 This Poicy has been agreed by the Gasgow LNCT and approved by the Education Chidren and Famiies Poicy Deveopment Committee LNCT CIRCULAR 13a Education Services Gasgow City Counci 5

6 APPENDIX 1 Version 1.0 October Gasgow City Counci Education Services LNCT CIRCULAR 13a

7 APPENDIX 2 Harassment Compaint Form STRICTLY PRIVATE AND CONFIDENTIAL I wish to have my compaint formay investigated under the Buying and Harassment Poicy. Name: Service: Job Tite: Grade: Work Location: Contact Number: Line Manager: Representative s Name: This compaint(s) is against: Name: Job Tite: Name: Job Tite: Statement of Compaint Pease expain your compaint in detai, incuding any evidence which backs this up, such as the date(s) and time(s) when the incident(s) took pace. (Continue on a separate page if required). Harassmentcompaintform.Rtf Version 1.0 LNCT CIRCULAR 13a Education Services Gasgow City Counci 7

8 Harassment Compaint Form STRICTLY PRIVATE AND CONFIDENTIAL Supporting Evidence Name(s), job tite(s) and contact detais of witness(es) if appicabe: In your opinion what did they witness? Has this or a simiar compaint been raised Informay Formay previousy (Deete as appropriate) Yes No Yes No What was the outcome of this? Harassmentcompaintform.Rtf Version Gasgow City Counci Education Services LNCT CIRCULAR 13a

9 Harassment Compaint Form STRICTLY PRIVATE AND CONFIDENTIAL I note that a copy of this form excuding witness detais wi be issued to the respondent(s) to aow them the opportunity to respond to the aegation(s). I hereby confirm that the above information is a true and accurate refection of events. Furthermore, I understand that making fase or inaccurate aegations is a breach of the Counci s Buying and Harassment Poicy and may be subject to discipinary action. Print Name: Signature: Date: For officia use ony Received by Name: Job tite: Date: Name of investigator aocated to case: Date passed to investigator: Date received by investigator: Harassmentcompaintform.Rtf Version 1.0 LNCT CIRCULAR 13a Education Services Gasgow City Counci 9

10 Harassment Compaint Form Equaities Monitoring Information The counci has a ega duty to capture information on the number of harassment compaints made. We use this information to make sure that our poicies and procedures are working effectivey and that we don t discriminate on the grounds of gender, ethnicity or disabiity. This information wi be kept in strictest confidence separate from your compaint form and used for statistica purposes ony. Pease note, the provision of information in this section is entirey vountary and, if you chose not to do so, this wi not affect the outcome of your compaint. Thank you for your cooperation. PERSONAL DETAILS Pease tick the appropriate box to indicate your gender Gender Femae Mae Non Discosed Pease show your ethnic origin by ticking one of the boxes beow. White Scottish Engish Wesh Northern Irish British Irish Gypsy/Traveer Poish Other White Ethnic Group Mixed Any Mixed background, pease write in:... Asian Pakistani, Pakistani Scottish or Pakistani British Bangadeshi, Bangadeshi Scottish or Bangadeshi British Indian, Indian Scottish or Indian British Chinese, Chinese Scottish or Chinese British Other (Asian) Back African, African Scottish Caribbean, Caribbean Scottish Back, Back Scottish or African British or Caribbean British or Back British Other Back Background Other ethnic background Arab Other ethnic background, pease write in:..... Non Discosed Do you consider yoursef to have a disabiity? Yes No Non discosed Harassmentcompaintform.Rtf Version Gasgow City Counci Education Services LNCT CIRCULAR 13a

11 APPENDIX 3 Version 1.0 October 2010 LNCT CIRCULAR 13a Education Services Gasgow City Counci 11