Scope: Trust Wide Classification: Policy

Transcription

1 Authors Name: Anita Finn, Senior Human Resources Manager Scope: Trust Wide Classification: Policy Replaces Harassment & Bullying Policy Version 1 Harassment of Staff by Patients, Service Users, Contractors or other members of the Public To be read in conjunction with the following documents: Disciplinary Procedure Grievance Procedure Guidance for Dealing with Harassment Zero Tolerance of Violence and Aggression Policy Policy on Human Rights Unique Identifier: RM18(06) Review Date: 11 th May 2011 Issue Status: Approved Issue No: 2 Issue Date: May 2009 Authorised by: Risk Management Committee Authorisation Date: 11 th May 2009 Policy Statement Within Salford Royal NHS Foundation Trust bullying and harassment will not be tolerated. Whilst the Trust recognises that harassment or bullying can occur in any workplace the Trust believes that all employees have the right to be treated with dignity and respect at work. The Trust recognises that bullying and harassment can have serious consequences both to the individual, to the Trust and can also impact on colleagues and, as such, the Trust is committed to promoting a working environment free from harassment and bullying. The Trust recognises its duty to establish and maintain a workplace free from harassment and bullying. Any form of harassment and bullying should be discouraged by all staff by making it clear that such behaviour is unacceptable and by supporting colleagues who suffer such treatment. Any incidents of harassment or bullying witnessed should be reported to the appropriate manager or to Human Resources. This is every individual s responsibility. Complaints will be treated sensitively, speedily and in confidence. The Trust will not tolerate victimisation of any employee who has complained of harassment and bullying or who has provided information related to such behaviour. Any such action will be dealt with via the Disciplinary Procedure. The Trust maintains that constructive and fair criticism of performance or behaviour is not bullying. Management have a legitimate right to set targets and standards of behaviour providing Front Page Version [2 ] 12/06/09 Check with Issue Register that this printed copy is Page 1 of 12

2 that these are reasonable in order to ensure service delivery. The policy will also apply to Trust related events outside Trust premises such as Christmas parties, conferences, fund raising events etc. or any other situation which is an extension of the working environment 1. Roles and responsibilities 1.1. Supervisors and Managers Supervisors and Line Managers are responsible for taking all reasonable steps to prevent harassment and bullying at work and to take appropriate action if it occurs. They are responsible for: Communicating policies to their staff. Managing people in a professional and sensitive manner. Creating a working environment where harassment and bullying is unacceptable. Protecting staff who make complaints from victimisation. Providing a consistent management style. They have a responsibility to ensure speedy and effective resolution of issues and to ensure that all staff understand the policy and the behaviour expected of them. They also have a responsibility towards agency staff who experience harassment or bullying. They must act as exemplars in terms of their own behaviour Human Resources Human Resources have a responsibility to ensure that the policy is followed, fairly and consistently. This includes: - advising managers on the application of the policy - advising managers and staff where individuals feel that they are being harassed or bullied Providing support to both the complainant and alleged harasser if required - ensure effective implementation of the policy - monitoring implementation of harassment & bullying and initiating appropriate action - reviewing and amending the policy as required 1.3 Employees Employees who witnesses an incident of harassment should report it to their own supervisor or manager and should support any colleague suffering from harassment. This should include, where appropriate, challenging the harasser at the time of the incident, offering support in some other way or co-operating with any investigation. Consultant medical staff Senior nursing staff Chief Executive Page 2 of 12

3 1.4 Occupational Health Occupational Health will support any member of staff. This can be done following a management or a self referral. Access to professional counselling can be obtained through Occupational Health. 1.5 Staff Associations or Trades Unions and Professional Organisations Staff Representatives have a role to play in supporting their members and assisting managers in promoting an appropriate culture. 2. Procedure for Dealing with Harassment and Bullying 2.1 Informal An employee who is the subject of harassment should consider an informal approach in the first instance, such as informing the harasser that their remarks; actions or behaviour are unacceptable or that they find their behaviour offensive and ask them to stop. (However in some circumstances the incidents may be considered serious enough to take formal action immediately.) They should make it clear that any repetition will be reported to the appropriate manager. In some instances, the employee may find it easier to write to the person responsible instead Staff are encouraged to keep a record of any incident(s) with full details of when, where, what occurred along with details of any witnesses. An alternative may be that the individual involves a third party to act as a mediator prior to discussing their concerns with their Line Manager, a member of Human Resources or taking formal action. This method is intended to bring about conciliation rather than sanctions and is probably most appropriate when the complainant believes that the behaviour is unintentional and the harasser is unaware that their behaviour is causing distress. In some instances staff who have suffered harassment may not be sufficiently confident or feel able to tell the harasser that their behaviour is unacceptable. The employee is not obliged to approach the harasser themselves but is entitled to have the matter dealt with by their line manager. Managers should take immediate action to stop harassment as soon as it is identified. The matter should be discussed sensitively with the staff member who has been harassed and agreement reached on the course of action to be taken. In many cases this will be by pointing out to the harasser that their behaviour is unacceptable, managers should be able to put a stop to the problem without the need for further action. If it is decided that formal action is not necessary then a record should be kept of agreed actions and both parties must be given a copy. If the harassment or bullying continues then formal action should be taken. At this stage the complainant may wish to discuss the situation with a member of the Human Resources Directorate before proceeding to the formal stage. Page 3 of 12

4 Formal action may also be a preferred option when the harassment or bullying is of an extremely serious nature or appears to be deliberate. Any employee who witnesses an incident of harassment should report it to their own supervisor or manager and should support any colleague suffering from harassment. This should include, where appropriate, challenging the harasser at the time of the incident, offering support in some other way or co-operating with any investigation. If the harasser is a patient it may be appropriate to discuss the matter with a carer or relative at the earliest opportunity. It may be that someone closer to the patient or service user would be more successful in encouraging them to change their behaviour. If the harasser is a relative, contractor, a member of the public or contracted by another employer then they should be approached informally in the first instance and informed their behaviour is not acceptable. It may be appropriate to discuss their behaviour with the patient or service user if the behaviour persists. In the case of a contractor carrying out the harassment the Trust manager responsible for the contract work should be informed. 2.2 Formal Any employee who wishes to make a formal complaint should do so in writing to their Supervisor or Line Manager or if they deem this to be inappropriate, to a member of the Human Resources Directorate. At this stage the complainant may seek the support of a member of the Human Resources Directorate or of a Staff Representative. Management and a Human Resources Advisor will consider the facts as presented and will advise the individual of the procedure to be followed. (Managers should refer to Trust Guidance for Dealing with Harassment) It is the Managers responsibility to set up an investigation to determine whether or not a disciplinary hearing should proceed. At this stage the manager who receives the complaint, in conjunction with member of the Human Resources Directorate, should decide on the appointment of an investigating officer and a nominated Human Resources Advisor to support the investigation. 2.3 Harassment from a Patient If the harassment persists after the informal approach by the individual and/or the manager or person responsible for the overall care of the patient then a more formal approach should be adopted. At this stage the Consultant responsible for the care of the patient should be informed. When taking formal action the following will need to be considered: - 1. The degree to which the incident undermines personal dignity, relationships with patients or service users and the working climate. 2. Any record of previous incidents, their nature and degree of severity. 3. The health problems of the patient or service user will need to be taken into account when considering the type of action taken. Page 4 of 12

5 4. The effects of the harassment on the complainant. The patient, service user, carer or relative should be written to officially, informing them that their comments or behaviour are unacceptable and that any further incidents would not be tolerated. This should be done by the matron, ward manager or member of staff responsible for the department 5. Any decision to withdraw services will also need to involve the appropriate personnel, e.g. the Executive Nurse or Medical Director will be informed. Depending upon the seriousness of the incident, initially a verbal warning by the matron, ward manager or member of staff responsible for the department.may be adequate. The patient or service user should not feel able to harass a staff member in the hope that another staff member will replace them. It should be made clear to the patient or service user that if they refuse services on discriminatory grounds then they are effectively refusing services altogether. Patients or relatives do not have the right to request particular staff to treat them for discriminatory reasons, and no member of staff will facilitate such requests. Should an incident occur, a letter should be issued to the harasser, making it clear that their behaviour is unacceptable and warning that the Trust reserve the right to take formal action, including considering the withdrawal of services to the patient or service user concerned. Consultant medical staff and Senior management and the senior nurse manager should then meet with the person concerned with the overall care of the patient and decide what action to take; the purchaser will also need to be involved in any decisions about services for the patient or service user. In some cases this approach may not be possible and there will need to be an examination of how services could be provided in a different way. This does not mean replacing the member of staff who has been harassed. If a member of staff is being harassed by a patient it should be reported to their manager and the incident should be recorded. If the situation is not resolved the ward manager, or equivalent, should then refer the issue to the consultant. (To be read in conjunction with the Zero Tolerance & Aggression Policy which sets out rules and responsibilities.) 2.4 Harassment by Carers Relatives or Members of the Public A verbal warning should be given to individuals in the first instance and recorded. If the harassment continues the warning should be in writing. Continuation of harassment following a written warning will result in individuals being refused access to the ward, site etc. (Whichever is appropriate). This should be issued by matron, ward manager or member of staff responsible for the department Serious or persistent offenders may be prevented from accessing the site by means of civil action if necessary. The decision to take such action would be Page 5 of 12

6 made by the relevant General Manager. Where actions are deemed to be a potentially criminal offence the police will be informed. 2.5 Harassment by Staff Employed by another Employer The process will mirror that used for Trust staff whereby an informal approach may be considered first. This may be by the person being harassed or a Trust Manager. However depending on the seriousness or frequency the Manager of the area may consider contacting the harassers employer who would invoke their own policy and take appropriate action under the terms and conditions of their contract of employment. Harassment by contractors working on site must be reported to the General Manager, Facilities or senior manager responsible for the work they are undertaking who will make contact with the appropriate representative of the contractors. Under such circumstances harassers will be removed from the site. 2.6 Helpline A phone line is also available for staff who have witnessed or experienced any incidents and a message can be left during working hours or out of normal office hours. The number is Messages may be anonymous. This line is checked daily by a member of the Human Resources Team Confidentiality Although complainants will be assured that the matter will be dealt with in confidence, there may be occasions when an issue is considered to be of such a serious nature that it will be necessary to pursue the matter even if the complainant does not wish the matter to be taken further. In extreme cases, incidents may be considered so serious that they should be reported to the police. This must be sanctioned by the Director of Workforce & Corporate Affairs. 2.8 Support a) Human Resources Throughout the process the complainant and the alleged harasser should be offered support. Normally this will be a contact person in Human Resources b) Counselling Access to professional counselling will be offered. c) Occupational Health Occupational Health will support any member of staff. This can be done following a management or a self referral. d) Staff Associations or Trades Unions and Professional Organisations Staff Representatives have a role to play in supporting their members and assisting managers in promoting an appropriate culture. Page 6 of 12

7 2.9 Investigation The investigation should be completed in a timely manner with the complainant shall be kept up to date with the proceedings. The investigating officer will ensure that all the appropriate information such as statements from witnesses etc. are sought as soon as possible. They should all be dealt with in the strictest confidence. In certain circumstances, suspension with pay or a temporary transfer of the alleged harasser until the investigations are complete may be appropriate. This decision can only be taken following advice from the Human Resources Directorate. The alleged harasser should be interviewed in confidence and is entitled to have a Staff Representative or witness present. Following the interview the complainant may once again need to be interviewed to clarify certain points. Any notes/statements taken in the course of the investigation should be signed and dated as a true record. Once the investigation is complete a decision will be made as to how to proceed. In all cases the complainant and alleged harasser will be informed of the outcome of the investigation. All meetings will be documented and each party will receive a copy of the documentation outlining outcomes and actions required. For more detail on the above please see the Management Guidance on the Investigation of Allegations of Harassment and Bullying (available on the Intranet) Possible Outcomes of a formal Investigation Disciplinary action may be taken. If both the complainant and harasser remain in the employment of the Trust following a disciplinary hearing consideration may need to be given to separating the individuals concerned. If following the investigation it is considered inappropriate to invoke the Disciplinary Procedure, the complainant will be informed of this by the investigating officer and counselling and support will be offered. If the preliminary investigation finds that disciplinary action is not required then mediation may be an appropriate alternative. Even if no disciplinary action is taken separation may still be considered for individuals. Further meetings may be arranged to ensure no victimisation occurs following the allegations that have been made. Malicious complaints will be dealt with via the Disciplinary Procedure. Page 7 of 12

8 Follow up support/counselling should be agreed when a matter is concluded whatever the outcome Further Action It is recognised that following an outcome, support may be required for other staff within a department or who have been involved in an investigation and this will be provided as appropriate. If it is concluded that there is no case of harassment or bullying to answer, but that there are problems with a working relationship and certain interventions may be necessary, then an action plan should be agreed between parties and an appropriate manager assigned to monitor progress. All individuals should be offered the opportunity for a de-briefing or counselling as appropriate. 3. Policy implementation plan 3.1 Training To reduce and address incidences of harassment and bullying, awareness training are offered at regular intervals for staff within the Trust. Training and awareness sessions will be targeted to specific areas where incidences of harassment appear to be high based on evidence such as the Staff Opinion Survey. Managers will receive training to ensure that they are conversant with the appropriate procedure for handling complaints. Harassment and bullying issues will be referred to during the induction of all new staff. 3.2 Publicity 4. Monitoring Copies of the policy will be available from the Human Resources Department and are available on the Intranet. A summary of the Harassment policies is included in the Staff Handbook and patient information where appropriate. The introduction of any new changes or to any policy will be publicised via team briefing, the Intranet and the GEN. A statement setting out the Trust s commitment to the prevention of bullying and harassment of staff will be placed in prominent positions in public areas. The Trust will keep the policy under review in order to monitor its effectiveness and to determine whether further measures are necessary. A register of incidents of harassment or bullying, and action taken is kept by Human Resources. The incidence of harassment and bullying will be monitored via the Staff Opinion Survey, post induction questionnaires and through the register of reported incidents. Information on complaints of harassment and bullying and their resolution will be reported to the Patient & Staff Experience Committee. Page 8 of 12

9 This Policy will be reviewed annually by the Human Resources sub-group of the Patient and Staff Experience Committee Page 9 of 12

10 Appendix A Definitions The Trust considers Harassment to be unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, gender, race, disability, religion or beliefs, gender re-assignment sexual orientation, ethnic origin, nationality or any personal characteristic of the individual and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient. 1 It therefore includes unwanted suggestions, remarks, gestures or actions pertaining to a person s race, gender, age, religion or belief, sexual orientation, disability or gender reassignment. It may also be considered to be harassment if applied to those with whom the individual associates. Examples of harassment may include: Physical contact or gestures Jokes, offensive language or gossip Sexual jokes or advances Unjustified denial of development opportunities Devaluing a persons abilities Written abuse including graffiti, literature, Isolation and exclusion from work or work related activities Behaviour which undermines or belittles Ridiculing due to a disability, physical feature, cultural activity or membership of a group. Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. 2 Bullying may include undermining the victim both personally and professionally, for example by setting unattainable targets and unnecessary supervision resulting in humiliation. Other examples may include: Spreading malicious rumours, or insulting someone (particularly on the grounds of race, sex, sexual orientation, religion or belief) 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. Unfair treatment. Overbearing supervision or other misuse of power or position. Unwelcome sexual advances touching, standing too close, displaying of offensive material. Making threats or comments about job security without foundation. Deliberately undermining a competent worker by overloading and by constant criticism. Preventing individuals from progressing by intentionally and unfairly blocking promotion or training opportunities. Page 10 of 12

11 Bullying may involve an individual or groups but in many cases involves abuse of power or authority. The Trust recognises that bullying may not necessarily be from a manager to a subordinate but may be from a subordinate or group to a manager or from peers. Bullying and harassment may also include victimisation. This may be in the form of written or electronic communication or any other behaviour which may cause humiliation, or offence. Such behaviour may interfere with an individuals' work or create an unpleasant, intimidating or hostile work environment. It is an individuals perception of what is unwanted, unreasonable or offensive that determines whether certain conduct is harassment or bullying in nature. Harassment and bullying of staff is not only morally unacceptable but also may be unlawful. References Ref: 1 Ref: 2 Bullying & Harassment at Work. A Guide for Managers and Employers ACAS April 2006 Bullying & Harassment at Work. A Guide for Managers and Employers ACAS April 2006 Page 11 of 12

12 APPENDIX B Appropriate Legislation Health and Safety at Work Act 1975 Sex Discrimination Act 1974 Race Relations Act 1976 The Workplace Health and Safety Welfare Regulations 1992 Criminal Justice and Public Order Act 1994 Disability Discrimination Act 1995 Employment Rights Act 1996 The Protection from Harassment Act 1997 Crime & Disorders Act 1988 Human Rights Act 1998 Regulation of Investigatory Powers Act 2000 Race Relations (Amendment) Act 2000 Sex Discrimination Act 1975 (Amendment) Regulations 2000 Sex Discrimination ( Gender Re-assignment) Regulations 1999 Employment Equality (Sexual Orientation) Regulations 2003 Employment Equality (Religion and Belief) Regulations 2003 Employment Equality (Age) Regulations 2006 Page 12 of 12