Harassment and Bullying Policy

Transcription

1 Harassment and Bullying Policy 1

2 Contents HARASSMENT AND BULLYING POLICY 1. What does this policy cover? 3 2. When does this policy apply? Supporting our culture Managing relationships at work Performance Management What is harassment? What is bullying? 4 3. What should you do if you experience or witness harassment or bullying? Informal resolution Formal resolution What additional support is available? 5 4. Definitions and examples 6 This policy applies to all employees on Nationwide terms and conditions, including Senior Executive level and above, and employees of Nationwide (Isle of Man) Ltd. Contractors and temporary workers must also observe the standards of behaviour set out in this policy. This policy is non-contractual and does not form part of your terms and conditions of employment. This policy has been agreed with the Nationwide Group Staff Union (NGSU). Changes to this policy are subject to agreement through the Employee Involvement Committee (EIC) structure. 2

3 1. What does this policy cover? Bullying and harassment has no place in Nationwide. We aim to prevent such behaviour by creating and encouraging an environment where it doesn t exist. All forms of harassment or bullying are unacceptable and will not be tolerated. This policy explains the types of behaviour that Nationwide and the NGSU define as harassment or bullying, outlines Nationwide s approach to dealing with such behaviour and the informal and formal routes available to you to resolve any such concerns you have. Unacceptable behaviour can take many forms. It is important that you take the time to ensure you understand what types of behaviour are unacceptable under this policy and consider how your behaviour can affect, or be offensive to, others. This policy should be read in conjunction with the following policies: Grievance Policy Whistleblowing Policy Equality, Diversity and Inclusion Policy This policy is governed by the Fair Treatment at Work Policy which has been agreed with the Nationwide Group Staff Union (NGSU). Additional information about Diversity and Inclusion can be found on the Equality, Diversity and Inclusion Intranet site. 2. When does this policy apply? This policy applies to all Nationwide employees in all job levels no matter who. Contractors and temporary workers must also observe the standards of behaviour set out in this policy. The policy covers behaviour both inside and outside of work, such as on business trips or events, or work related social functions. It includes bullying and harassment by other employees and also applies if you believe you have been bullied or harassed by third parties such as contractors, temporary agency staff, suppliers or visitors to our premises. If you feel that you have been bullied or harassed by a customer you should use the Customer Conflict Procedure on the intranet. 2.1 Supporting our culture At Nationwide we use PRIDE to show how we value and recognise everyone s contribution and how we do the right thing. PRIDE is brought to life through the Nationwide behaviours which, along with our People Proposition, provide a framework that explains how you can expect to be treated in all aspects of your working life, as well as what we expect from you. We all have a responsibility to create and maintain a workplace that is free from harassment, bullying or discrimination and we can do this by treating others with dignity and respect. We aim to foster an environment where you are comfortable to speak up about any serious concerns that you have, and our zero tolerance approach to harassment and bullying underpins our values and culture. 2.2 Managing relationships at work We expect everyone working for, or on behalf of, Nationwide to be respectful of individual differences and behave towards others in a way which is consistent with Nationwide s PRIDE values; however we cannot always expect to get on with everyone that we come into contact with at work. Where problems or disagreements arise it is usually best to deal with these honestly, constructively and quickly, whether this is between peers, someone who reports to you or with your manager. It is important to remember that whilst one person might not find certain behaviour offensive, another person may feel that the same behaviour constitutes harassment or bullying. We encourage you to try to resolve any concerns informally in the first instance. In section 3 of this policy you can find information on how to raise your concern and the support available to you to do so. 2.3 Performance Management Part of a manager s role is to distribute work to meet business objectives. To do this, they need to manage your performance and develop you. This can involve giving you legitimate and 3

4 reasonable instructions, or raising justifiable concerns or criticisms regarding your conduct or performance. These activities would not normally constitute bullying and harassment where they are carried out in a positive and constructive way. We expect our managers to conduct performance management procedures fairly, constructively, and to support their team members with dignity and respect. Performance management which is conducted in a way that undermines and humiliates employees is not acceptable. We provide managers with the guidance, support, skills and coaching to help them to carry out this role effectively and constructively. 2.4 What is harassment? Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment may be related to a protected characteristic and may take place over a period of time or it could be an isolated incident. You can find a more detailed definition of Harassment, as well as examples, in Section 4 of this policy. A person may be harassed even if they were not the intended target or where the behaviour is not directed at them personally. This can include harassment related to someone with whom you have an association. For example, a person may be harassed by racist jokes about a different ethnic group if that creates an offensive environment for them. The way you behave may amount to harassment even if you did not intend it to. Harassment may be verbal, non-verbal, or physical. It can be carried out by one individual against another individual or a group, or by a group against an individual. 2.5 What is bullying? Bullying is offensive, intimidating, malicious or insulting behaviour that can make a person feel vulnerable, upset, humiliated, undermined or threatened. It can also involve the misuse of power. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation. Bullying, like harassment, may be verbal, nonverbal, or physical. It can be carried out by one individual against another individual or a group, or by a group against an individual. However, bullying is different from harassment and is usually deliberate behaviour. You can find some examples of bullying behaviour in Section What should you do if you experience or witness harassment or bullying? If you believe you have been subjected to, or have witnessed, harassment or bullying you are encouraged to raise your concerns as soon as possible. We aim to ensure that all complaints are handled sensitively, promptly and fairly and to provide you with support and guidance. Raising and addressing concerns early and informally can be the most effective method of dealing with harassment and bullying and we would encourage you, where possible, to try to resolve any problems informally in the first instance. Section 3.3 of this policy explains the support services available to help you get the advice you need to raise your concern. We do recognise however that in some cases informal resolution is not possible or appropriate and our formal Grievance Policy will be used in these situations. Our approach We aim to treat all parties with dignity and respect and to consider complaints sympathetically and impartially. You will not be subjected to less favourable treatment or victimisation as a result of raising a complaint of harassment or bullying in good faith. We have a responsibility for the well-being and safety of everyone on our premises and this includes taking steps to prevent harassment, bullying and victimisation. Therefore, if you make your manager or HR aware of a serious allegation for which informal resolution is not appropriate the business has a responsibility to undertake an investigation and take steps to mitigate the risk of further harassment or bullying even if you do not wish to make a formal complaint. Any employee who is found to have harassed or bullied a colleague, supplier or customer will be subject to disciplinary action under the Disciplinary Policy, up to and including summary dismissal. 4

5 In all cases this policy is operated in accordance with the principles outlined in the Fair Treatment at Work policy. Reporting concerns An individual who is being harassed or bullied may not feel able to raise their concerns, therefore we all have a duty to be vigilant, and to speak up where we witness behaviour which may be construed as harassment or bullying. In these circumstances you should report your concerns to an appropriate manager or to HR, by contacting AskHR, on , selecting option 6. If you are a member of the NGSU, you may wish to contact them on for advice and assistance on dealing with your concerns, either informally or formally. 3.1 Informal resolution If you are being bullied or harassed or are unhappy with the way you have been treated at work, and if you feel able to, initially consider raising the problem informally with the person responsible. You should explain to them that their behaviour is not welcome or makes you uncomfortable and make it clear that you expect the behaviour to stop. It is possible that the person is unaware of the effect of their behaviour and needs to have this brought to their attention so that they can correct it, so it is important that they know how the behaviour is affecting you. You could do this by either talking to the person or writing to them about it. If you need support to do this, speak to your manager, HR, or the NGSU if you are a member, who can provide advice and assistance to help you resolve the issue. Depending on the nature of your complaint you may benefit from the involvement of a trained mediator who can work with you and the other parties involved to seek and agree a way forward. Further guidance is available in the Mediation Employee mini-guide. For further advice on mediation and whether it might be suitable to address your concerns contact AskHR on , selecting option 6. In all circumstances participation in mediation is voluntary. If informal steps have been unsuccessful or are not possible or appropriate you should raise the matter formally. 3.2 Formal resolution There may be occasions when attempts to resolve the matter informally are not successful or when the nature of the complaint is such that a formal investigation is more appropriate. If you wish to raise a formal complaint regarding the way you have been treated at work, harassment or bullying you should follow the procedure set out in the Grievance Policy. Under the Grievance Policy, if you feel unable to raise your formal complaint directly with your manager, you should contact AskHR, option 6. You may be advised to send your complaint to another manager in a different part of the business or directly to HR. When dealing with formal complaints, we will also ensure that the person complained about is provided with support and assistance and is given an appropriate opportunity to respond to the allegations against them. When reaching a decision about whether harassment, bullying or victimisation has occurred we will consider all the circumstances, including the effect of the behaviour on you, and your perception of that behaviour. The outcome of your grievance will be confirmed in writing and may be to: uphold your complaint, in part or in full not uphold your complaint confirm that there is not enough evidence to reach a decision. In addition, it may be that: follow up action is recommended for any of the parties (such as mediation or training and/or coaching). appropriate disciplinary action under the Disciplinary Policy is taken against the person complained about. 3.3 What additional support is available? We provide a free, confidential and independent counselling and information service, EmployeeCare to all Nationwide Group employees. The service provides a free-phone helpline giving you 24-hour access to telephone counselling and personal legal information. You 5

6 can contact EmployeeCare by calling For further advice you can contact AskHR on , selecting option 6. If you are a member of the NGSU, they can also provide you with assistance and advice. You can contact them on NGSU on Definitions and examples Harassment: Any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The conduct may be related to a protected characteristic such as age, sex, sexual orientation, race, colour, nationality, ethnic or national origin, disability, gender reassignment, martial or civil partner status, pregnancy or maternity, religion or belief (and/or, in Northern Ireland, political opinion); or any personal characteristic of an individual. Some examples of harassment are (though this list is non-exhaustive): unwanted physical contact, this could include inappropriate touching, sexual contact, pushing and physical assault over-familiar or inappropriate behaviour such as sexual or racial 'banter', offensive gestures, leering verbal harassment such as offensive remarks, insults, distasteful jokes and innuendo, gossip, or ridicule related to age, sex, sexual orientation, gender reassignment, disability, race, caring responsibilities, appearance, status, nationality, trade union membership or religion, belief and/or, in Northern Ireland, political opinion written harassment such as the circulation or display of offensive or suggestive material including , the sending or displaying of inappropriate and unwanted messages, texts, images, and graffiti (this may include displaying publicly or privately images taken at work or work functions without permission) unwanted conduct based on religion, belief and/or, in Northern Ireland, political opinion display of inappropriate calendars, posters, photographs, post-cards, flags and emblems coercion such as pressure for sexual favours, pressure not to join/or to join a trade union or to shun colleagues exclusion from normal workplace activities, conversation and social events, hostility in the workplace spreading malicious rumours victimisation (i.e. treating someone less favourably) because they have made a complaint of harassment or helped someone else to do so Bullying: Offensive, intimidating, malicious or insulting behaviour that can make a person feel vulnerable, upset, humiliated, undermined or threatened. It can also involve the misuse of power. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation. Bullying, like harassment, may be verbal, nonverbal, or physical. It can be carried out by one individual against another individual or a group, or by a group against an individual. However, bullying is different from harassment and is usually deliberate behaviour. Some examples of bullying behaviour can include (though this list is non-exhaustive): taking credit for another employee s work; repeated, unjustified criticism; punishment imposed without reasonable justification false and/or malicious allegations undermining an employee by unreasonable changes in duties or responsibilities without consultation; unfair allocation of workload and responsibilities over-bearing management or supervision, or the misuse or abuse of power or position. shouting, humiliating, public or private verbal abuse and intimidation 6

7 DOCUMENT CONTROL CHANGES SINCE LAST VERSION The policy has been re-ordered and re-numbered to improve the flow of the text. Section 2 has been updated to clarify that the policy applies to all levels of employee. A new section, Supporting our culture has been added to 2.1 and the content on Performance Management has been split out from 2.2 Managing relationships at work into a new section 2.3. Section 3 has been updated to include details of our approach in one section as well as highlighting the support available to employees with a complaint (such as mediation). Section 3.2 now clarifies the possible outcomes of a grievance relating to harassment and bullying. For ease of reference the examples of harassment and bullying behaviour have been moved to a new Section 4 - Definitions and Examples. VERSION HISTORY Version Date May July February April January September July March 2012 SUPERSEDED DOCUMENTS Harassment and Bullying Policy 12 October 2010 ISSUE CONTROL Owner: Approver: Employee Relations Head of Employee Engagement and Group Legal 7