HERTFORDSHIRE PARTNERSHIP NHS TRUST HARASSMENT AND BULLYING POLICY AND PROCEDURE

Transcription

1 HERTFORDSHIRE PARTNERSHIP NHS TRUST HARASSMENT AND BULLYING POLICY AND PROCEDURE 1. POLICY STATEMENT Hertfordshire Partnership NHS Trust is committed to a dignity at work ethos and the policy of equality of opportunity. The Trust is committed to create a culture in which all employees have the right to be treated with dignity and respect. The Trust expects all employees to act with fairness and equity when dealing with colleagues and service users, and regards any form of victimisation, intimidation, bullying or harassment as unacceptable behaviour. The Trust s Employee Charter reinforces the open culture of the organisation. 1.1 The Trust has a duty to protect its employees against harassment from service users. Advice should be sought from the Trust HR Department in dealing with such cases. 1.2 The purpose of this policy is to develop a working environment in which bullying and harassment are not tolerated and where individuals are confident to raise any complaints they may have. 1.3 Each case will be fully investigated. Appropriate action will be taken against any employee who violates this policy. This may include disciplinary action (including dismissal for serious offences) through the disciplinary procedure. 2. SCOPE OF THE POLICY 2.1 This policy applies to all Trust employees, contractors and employees of other organisations who are on site, volunteers, visitors and patients/service users at the point of service delivery. 3. WHAT IS BULLYING AND HARASSMENT? 3.1 Examples and definitions of what may be considered bullying and harassment are provided below for guidance. For practical purposes those making a complaint usually define what they mean by bullying or harassment - something has happened to them that is unwelcome, unwarra nted and causes a detrimental effect. If employees complain they are being bullied or harassed, then they have a right to have the matter dealt with regardless of whether or not their complaint accords with a standard definition. Bullying and Harassment is measured by the test statement what a reasonable person would deem to be harassment and bullying. Harassment and bullying is not being asked to perform a job to a satisfactory standard and being managed to do that.

2 4. DEFINITIONS 4.1 Bullying may be characterised as offensive, intimidating, malicious or insulting behaviours, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. 4.2 Harassment, in general terms, is unwanted conduct affecting the dignity of the individual. It may be related to age, sex, sexual orientation, gender reassignment, disability, HIV status, race colour, language, religion, political, Trade Union or other opinion or belief, national or social origin, association with a minority, domestic circumstances, property, birth, or other status which is unreciprocated or unwanted and which affects the dignity of men and women who are in our employment. It may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient. 4.3 In all cases it will be for the recipient to determine whether they would consider that the behaviour is inappropriate. Please see guidance note at the back for the legal interpretation. 4.4 The following are examples of unacceptable behaviour the list is not exhaustive or exclusive: Spreading malicious rumours, or insulting someone, particularly on gender, race or disability grounds Copying memos that are critical about someone to others who do not need to know Ridiculing or demeaning someone - picking on them or setting them up to fail Exclusion or victimisation Overbearing supervision or other misuse of power or position Unwelcome sexual advances - touching, standing too close Display of offensive materials Making threats about job security Deliberately undermining a competent worker by overloading and constant criticism Preventing individuals progressing by intentionally blocking promotion or training opportunities Unfair treatment on the basis of Trade Union membership 5. THE EFFECTS OF BULLYING & HARASSMENT 5.1 Poor morale and poor employee relations 5.2 Loss of respect 5.3 Poor performance 5.4 Reduced productivity 5.5 High absence levels 5.6 Increased staff turnover 5.7 Damage to the Trust's reputation

3 5.8 Tribunal and other court cases and payment of unlimited compensation 5.9 Stress and ill health can become part of the daily life of those bein g harassed or bullied. Employees who feel harassed can be subject to fear and anxiety, which can put strains on personal and family life, as well as on their time at work. 6. RESPONSIBILITIES 6.1 Managers and Supervisors are responsible for: Implementing this policy and bringing it to the attention of staff Setting the standards of acceptable behaviour expected of staff Ensuring their own behaviour cannot be construed as personal harassment or bullying by acting with fairness and equity. This includes using their judgement to correct standards of conduct or behaviour, where these could be seen as harassment and bullying, and to remind staff of the standards expected of them Managers should refer to the Employee Charter for further information Ensuring that following any alleged incident of harassment or bullying, the complainant is protected from victimisation, intimidation or discrimination for their action or for assisting in an investigation Managers need to ensure that their staff understand that the Director of HR is the first person who should receive any letter alleging harassment or bullying. He will then organise the appropriate action and will inform the Trade Unions when applicable. 6.2 Individual Employees are expected: To comply with this policy and the Employee Charter To set a positive example by treating all colleagues and service users with dignity and respect Not to accept any offensive behaviour To let the appropriate people (individual alleged harasser, supervisor/manager/trade Union representative) know that they want the harassment or bullying to stop To co-operate with investigations into allegations of harassment or bullying and to always raise concerns

4 6.2.6 All employees should be responsible for working to the satisfactory standard of their job description and be willing to be managed to reach the required standard. It is not bullying and harassment to be managed when at work. Each member of staff is responsible for their own behaviour and staff should comply with their specific professional codes of conduct. Employees should refer to the Employee Charter for further information. 6.3 The Trust is responsible for: Providing guidance and training to staff on all aspects of this policy Taking any remedial action necessary as a result of any complaints of harassment or bullying Ensuring that quarterly reports are provided to the appropriate committees. These reports will identify the types of harassment and bullying; the numbers of allegations made by staff, and the status of each case. 7. SUPPORT 7.1 The Trust has established a confidential Harassment Adviser Service. This is an external service and staff can telephone for help and guidance for any employee who feels they are suffering bullying, or harassment, and staff may self refer if they require the service. 7.2 There is also a confidential counselling service available on and staff may self refer if they require the service. 7.3 Trade Union Representatives and the HR Department can also be contacted to give guidance and advice on the process. 8. POLICY REVIEW 8.1 This policy and the attached procedure will be amended in line with changes i n legislation. Its effectiveness will be reviewed at least annually.

5 9. INTRODUCTION HARASSMENT AND BULLYING POLICY PROCEDURE 9.1 Complaints of harassment or bullying will be taken seriously. Complaints will be investigated promptly and objectively and appropriate action taken. 9.2 It is the intention that the majority of problems are addressed informally by the harasser being made aware that their behaviour is unacceptable, that it should cease immediately and, where the allegation concerns another member of staff, that failure to do so could result in disciplinary action. 10. INFORMAL APPROACH 10.1 Sometimes people are not aware that their behaviour is unwelcome and an informal discussion can lead to greater understanding and an agreement that the behaviour will cease. Talk to the person you believe is harassing or bullying you. You may choose to do this yourself, or you may need support. This may come from a colleague or friend, not working within the same area, Trade Union representative and/or The Harassment Adviser Service on Individuals should keep records of all conversations, letters sent, witnesses, dates/times and the locations and nature of incidents None of the above precludes the right to report the matter to your manager Managers receiving a complaint from a member of staff should tell them of the options available to them in order to pursue their complaint. 11. FORMAL ACTION Complaints Against Other Staff Members 11.1 If a discussion has taken place and the harassment or bullying has not ceased, the complainant is to make a formal written statement to their line manager/department Manager/Head of Service The manager receiving a written complaint of harassment or bullying will respond in writing immediately to the complainant explaining the procedure to be followed The complainant must be informed that their complaint will be explained to the alleged harasser The manager must decide:

6 Whether it is necessary for both parties to relocate to another workplace/area Whether authorised paid leave for either party or both is appropriate. Neither of the individuals concerned should suffer any financial or other detriment as a result of this; this includes booked bank work, which will be honoured for one week The manager without delay will appoint an Investigating Officer. The Investigating Officer will be a manager outside the service/unit where the individual/s work. He/She will be trained in the skills of objective investigations, interviewing and report writing The Investigating Officer will inform the alleged harasser in writing of the complaint that has been made against him/her within 5 working days of the complaint being received. The terms of reference for the investigation, nature of the allegation, including dates and times and any potential witnesses should be contained within the letter sent to the alleged harasser/s. The alleged harasser will also be told that a formal investigation will be conducted, during which time s/he will have the opportunity to give his/her account of events. Access to appropriate support, including a Trade Union representative or friend, will be made available from the outset will be available to all parties involved The investigation should commence within 10 working days of receiving the complaint. If it is not possible to meet the timescales all parties must agree and will be kept fully informed Any relevant witnesses should be interviewed and the importance and reasons for confidentiality must be emphasised On concluding his/her investigation the Investigating Officer will produce a factual report within 4 weeks of the last interview for presentation to the appropriate Manager It is the responsibility of the Manager to produce an outcome to a valid complaint, which offers action that may include mediation The Manager will decide whether the Disciplinary Procedure needs to be invoked for the alleged harasser, at which point s/he will consider whether the complaint constitutes potential gross misconduct and whether the harasser should be suspended or placed on authorised paid leave. Advice should be sought from the HR Department on the action to be taken, however it is the manager s responsibility to make any decision regarding any outcome In instances where a formal disciplinary hearing has not been convened the Investigating Officer and the Manager, together with a member of the HR Department, will meet separately with the complainant

7 12. APPEALS and the alleged harasser to explain the outcome of the investigation. Trade Union representatives will accompany staff at these meetings. Any witnesses will be informed that the situation has been investigated and has been completed, however the details of the outcome will not be shared The Manager should then consider how any outstanding issues are resolved. This may include a recommendation that internal/external counselling/mediation is offered, or an agreed action plan for a change of behaviour may be implemented. Please refer to the Performance Management Guide for managers available on the intranet for the process and a template action plan If a complaint turns out not to have been made in good faith, the Manager should decide whether the Disciplinary Procedure be invoked for the complainant The complainant may invoke the grievance procedure if s/he feels that the process of the investigation has been unfairly or poorly carried out. 13. RELOCATION 13.1 Where a complaint of harassment is not upheld, consideration should be given to transferring or rescheduling the work of one of the employees concerned without any element of penalty, rather than requiring them to continue to work together against the wishes of either party. 14. ADVICE AND COUNSELLING Staff making complaints of harassment may seek advice from The Harassment Adviser or Counselling Service, HR Department and their Trade Union Representative, who can give advice. Individuals can self refer to any support service. 15. COMPLAINTS BY MEMBERS OF STAFF AGAINST EMPLOYEES OF OTHER ORGANISATIONS 15.1 If following an informal approach the bullying or harassment has not ceased, the complainant will be advised to make a formal written statement to their line manager s manager with a copy sent to the Director of Human Resources The manager receiving the written complaint of harassment or bullying will respond in writing to the complainant immediately, within at least 3 working days He/She will then immediately inform the appropriate person in the Trust that a written complaint alleging harassment or bullying has been received regarding an employee of another organisation and that an investigation into the matter is to be conducted.

8 15.4 An Investigating Officer will be appointed by the Service Director without delay. The Investigating Officer will be a manager outside of the service/unit. He/She will be trained in the skills of objective investigations, interviewing and report writing The investigation should commence within 10 working days of receiving the complaint The complainant must be informed that their complaint will be explained to the alleged harasser The Investigating Officer will inform the alleged harasser in writing of the complaint that has been made against him/her within 5 working days of the complaint being received. The nature of the allegation, including dates and times and any potential witnesses should be contained within the complaint. The alleged harasser will also be told that a formal investigation will be conducted, during which time s/he will be given the opportunity to give his/her account of events. Access to appropriate support, including a Trade Union representative, Human Resources, Harassment Adviser will be made available from the outset. A copy of this letter will also be sent to the appropriate manager in the employing organisation All parties should be in agreement if the timescale cannot be followed Any relevant witnesses should be interviewed and the importance and reasons for confidentiality must be emphasised When the last interview has taken place the Investigating Officer will produce a factual report within 20 working days. A copy of the report will also be sent to the manager who requested the investigation. immediately it is concluded. A copy will also be sent to the other organisation The Manager will produce an outcome to the complaint ideally within three weeks, which may include mediation between the two parties If mediation is not appropriate or if it is the conclusion of the investigatory report that harassment or bullying has taken place the Manager will ask the employing organisation to cease to use the alleged harasser for any further Trust business at any of the Trust s premises If a complaint turns out not to have been made in good faith, the Manager should decide whether the Disciplinary Procedure should be invoked for the complainant.

9 HARASSMENT POLICY AND PROCEDURE HARASSMENT OF STAFF BY PATIENTS/SERVICE USERS/RELATIVES 16. INTRODUCTION 16.1 It is important not to ignore this type of harassment, even using illness, confusion, old age or mental ill health as reasons for the behaviour. No employee should have to suffer harassment, it is not part of the job and the Trust recognises the right of its employees to work in an environment free from harassment. The Trust has a Zero Tolerance statement please see the poster at the end of this document. The Trust views violence or aggression, verbal or physical, against staff, service users or visitors to the trust as unacceptable. The Trust recognises and accepts its responsibility for the prevention and management of violence and aggression in accordance with relevant legislation. The Trust will make every effort to provide a safe working environment Harassment of members of staff can be an expression of dissatisfaction with the care that is being provided. It is important, therefore, that the appropriate clinician is consulted during any investigation. S/He will also help to distinguish harassment from behaviour related to the patient's health problem One solution thought by some to be the "simplest", might be to replace the recipient with another member of staff. This, however, is not an acceptable or appropriate course of action unless the member of staff who has been harassed requests it Since this part of the policy is directed at patients, service users, carers, relatives and members of the public, posters communicating the Trust views on this subject will be displayed in prominent public positions and a summary included in patient information leaflets, including Zero Tolerance information. 17. ACTION AGAINST HARASSERS (SERVICE USERS) - INFORMAL APPROACH 17.1 An employee who is the subject of harassment from a patient, service user, carer, relative or member of the public should consider an informal approach in the first instance, such as informing the harasser that their remarks, actions or behaviour are unacceptable, telling them not to repeat it and reporting the incident to their manager In some instances staff who have suffered harassment may not be confident or feel able to tell the harasser that his or her behaviour is unacceptable. The employee should not be obliged to approach the perpetrator him or herself, but should be entitled to have the matter dealt with swiftly by their line manager Managers should take immediate action to stop harassment as soon as it is reported. The matter should be discussed sensitively with the complainant and appropriate clinician and agreement reached on the course of action to be

10 taken. For some members of staff it may be enough that their concerns have been treated with sufficient seriousness and no further action will be necessary. However, by pointing out to the harasser that their behaviour is unacceptable, managers on many occasions will be able to put a stop to the problem with the need for further action The harasser should be approached by the complainant's immediate line manager, eg Nurse Manager, Team Leader, Clinical Nurse Manger or person responsible for the overall care of the patient. Written records detailing the time, date, place, witnesses, and how the alleged harassment took place and the action taken should be kept by the manager. The person with overall responsibility for the care of the patient/service user will be informed. The employee should be offered the use of further support/counselling. 18. FORMAL ACTION AGAINST HARASSERS (SERVICE USERS) 18.1 The Trust will not tolerate harassment to its staff and further action will be dealt with through care practices 19. POINTS TO REMEMBER 19.1 The above procedure should be followed at all times All incidents of harassment, whether reported by the victim or some other person, must be investigated, recorded and acted upon Where possible attempts should be made to diffuse the situation at an early stage All staff have an obligation not to collude or condone harassment of any kind Patients/Service users have the right to complain and should be told how they may make a complaint by using the Complaints Procedure Sanctions should only be considered after an informal approach has been made to the patient/service user and once s/he understands what the outcome of any further unacceptable behaviour will be.

11 HARASSMENT POLICY AND PROCEDURE GUIDANCE FOR EMPLOYEES 20. WHAT TO DO IF YOU ARE BEING HARASSED OR BULLIED Ensure that you read the policy. If there are parts of it you do not understand, speak to your manager and / or HR or the Local Trade Union Representative If you feel you are being harassed or bullied by a colleague, your manager, a contractor or an employee of another organisation you do not have to put up with it. There are steps you can take: 20.2 The majority of harassing and bullying goes on behind closed doors so tell a friend or work colleague, Trade Union representative and/or The Confidential Harassment Service. You may well find out you are not the only one who has suffered. It is important that you do not try to cope on your own Keep a diary. Make a note of any incidents and occurrences with dates and times, and to record any witnesses. This will give a vital record of the nature of the harassment or bullying and when it occurred. (It will be important when the harasser/bully is confronted). Many of the incidents may appear trivial in isolation so it is important to establish a pattern over a period of time Consider a direct approach. Tell the person concerned that you find their behaviour unacceptable and ask them to stop. If you feel unable to speak to the harasser, you could write a letter stating that their behaviour is causing offence, how it is affecting you and ask them to stop. Keep a copy of the letter and make notes of any incidents/occurrences with the date and time. This is important so that accurate information can be provided as evidence, if necessary, later on If you feel unable to approach the harasser or bully directly, or if you would like some support, contact your local Trade Union representative/hr Department If the bullying or harassment continues or if it is not appropriate to resolve the problem informally, it should be raised formally. This means putting your complaint in writing to your line manager, or if it is s/he who is harassing you write to his/her line manager. Investigations of any complaints will be handled sensitively If as a result of an investigation a formal disciplinary hearing is convened, you will be asked to attend as a witness. During this time you will be provided with as much support as possible If the investigation does not result in formal action being taken, your manager, the Investigating Officer and a member of the HR Department will meet with you to explain the outcome of the investigation and to ensure that the harassment has stopped. Your Trade Union representative may accompany

12 you at this meeting. If you wish, follow up counselling is also made available for you. 21. EMPLOYEES RESPONSIBILITIES 21.1 Every employee carries responsibility for his or her own behaviour. You should set a positive example by treating all colleagues with dignity and respect. Please refer to the Employee Charter. Let other colleagues know that you expect the same behaviour from them. Do not go along with the crowd or accept behaviour that may be offensive and lend your support to anyone you know who is being harassed or bullied Any employee who witnesses an incident of harassment or bullying has a duty to report it to their line manager or if it is s/he who is harassing or bullying someone then report it to their line manager Support any colleague who is suffering harassment or bullying. This could include, where appropriate, challenging the harasser/bully at the time of the incident or co-operating with any investigation Appropriate action, including dismissal, for serious offences, will be taken against any member of staff who violates this policy.

13 HARASSMENT POLICY AND PROCEDURE GUIDANCE FOR MANAGERS FOLLOWING A COMPLAINT OF HARASSMENT 22. HARASSMENT AND THE LAW 22.1 The legal definition of whether a case is bullying and/or harassment is whether a reasonable person would consider that the behaviour is inappropriate/unacceptable this is the legal terminology and measure that is used to determine all forms of harassment and bullying The Protection from Harassment Act came into force on 16 th June 1997 and behaviour after that date can provide the basis for a criminal prosecution, a claim for damages, or a civil injunction The Health and Safety at Work Act 1974 states that an employer is obliged to provide a working environment free from all forms of discrimination and there is a clear obligation on employers to take reasonable care for the health, safety and welfare at work of their staff. The employer is also liable for the actions of their employees at work The Employment Rights Act 1996 incorporates an employee's right to claim 'unfair constructive dismissal', when an employee resigns in the face of the employer's breach of contact, which may include failure to protect their health and safety at work The Criminal Justice and Public Order Act 1994 makes intentional harassment of any form a criminal offence and provides a right to claim damages for the victim Under the Sex Discrimination Act 1975, the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, Race Relations Act 1976, Race Relations Act (Amendment) 2001, Gender Reassignment, Sexual Orientation, Religious Beliefs and Disability Discrimination Act 1995 harassment may be considered to be discrimination. This list is not exhaustive. 23. ADDITIONAL GUIDANCE 23.1 Agree with the employee the appropriate course of action. You should arrange to meet the harasser to discuss how their behaviour is causing offence, how it is affecting a member of staff and ask them to stop Keep records of all conversations, letters sent, witnesses, dates/times and the locations and nature of incidents Arrange for a follow up meeting with the complainant to ensure the harassment has stopped and they have not been subjected to intimidation, victimisation or discrimination.

14 23.4 Make all staff concerned aware of the counselling scheme and ensure that the three supportive leaflets are displayed on the notice boards If the harassment does not cease as a result of the informal approach advise the complainant to make a formal written complaint to the appropriate manager who will then arrange for a formal investigation If, as a manager, you receive a number of complaints about one person, but in each case the employee has not taken formal action, it is your responsibility to approach the harasser, advising them that their behaviour has resulted in a series of complaints, and that the matter will be investigated. If this happens advise the Trust Human Resources Department Observe the rules of confidentiality at all times. Debriefers for all directorates are available from Eileen Watts, PA to the Director of Learning Disabilities at THO. The Trust has a Zero Tolerance statement please see poster attached to this policy. The Trust views violence or aggression, verbal or physical, against staff, service users or visitors to the Trust as unacceptable. The Trust recognises and accepts its responsibility for the prevention and management of violence and aggression in accordance with relevant legislation. The Trust will make every effort to provide a safe working environment. FH MARCH 06 DUE FOR REVIEW MARCH O7