GRIEVANCE (INCLUDING BULLYING & HARASSMENT)

Transcription

1 SECTION: HUMAN RESOURCES POLICY AND PROCEDURE: NATURE AND SCOPE: SUBJECT: POLICY AND PROCEDURE - TRUST WIDE GRIEVANCE (INCLUDING BULLYING & HARASSMENT) This policy and procedure sets out the Trust s detailed arrangements to be applied to any grievances, including complaints of bullying and harassment, raised individually or collectively that relate to employment. DATE OF LATEST RATIFICATION: FEBRUARY 2014 (REISSUED SEPTEMBER 2014) RATIFIED BY: CORE GROUP IMPLEMENTATION DATE: FEBRUARY 2014 REVIEW DATE: FEBRUARY 2017 ASSOCIATED TRUST POLICIES & PROCEDURES: Conduct Preventing Work Related Stress & Ensuring Staff Wellbeing Public Interest Disclosure (Whistle blowing) Staff Partnership & Recognition Agreement ISSUE 6 FEBRUARY 2014

2 NOTTINGHAMSHIRE HEALTHCARE NHS TRUST GRIEVANCE (INCLUDING BULLYING & HARASSMENT) POLICY CONTENTS 1.0 Policy 1.1 Introduction & Objectives 1.2 Single Equality Scheme 1.3 Scope and Application 1.4 Working in Partnership 1.5 Roles & Responsibilities The Trust Employees Managers, Team Leaders and Supervisors HR Teams Trade Union Representatives 2.0 Management of Bullying, Grievance and Harassment Procedure 2.1 Stage 1 - Informal Stage 2.2 Stage 2 Formal Stage 2.3 Stage 3 Appeal 3.0 Status Quo 4.0 Harassment by Others not Employed by the Trust 5.0 Target Audience 6.0 Consultation 7.0 Legal Compliance 8.0 Monitoring Compliance 9.0 Equality Impact Assessment 10.0 Champion and Expert Writer 11.0 Review Date Appendix 1 Template to Raise a Formal Grievance Appendix 2 Glossary of Terms Appendix 3 Good Practice Steps Appendix 4 Record of Changes Appendix 5 Employee Record of Having Read the Policy ISSUE 6 FEBRUARY

3 1.0 POLICY Grievance (including Bullying & Harassment) NOTTINGHAMSHIRE HEALTHCARE NHS TRUST GRIEVANCE (INCLUDING BULLYING & HARASSMENT) POLICY 1.1 Introduction & Objectives A grievance in the workplace is any concern, problem or complaint that an employee raises with their employer. This policy is designed to provide a clear, simple and fair method of resolving any issues relating to bullying, grievance or harassment as quickly and effectively as possible, within a confidential framework Nottinghamshire Healthcare NHS Trust (the Trust) is committed to promoting a workplace culture in which all employees are treated with dignity and respect by colleagues, service users, patients, clients, relatives, carers and other members of the public. In ensuring a safe and healthy environment for its employees, the Trust will actively seek to prevent all forms of bullying and harassment on any grounds by raising levels of personal and professional accountability, self awareness and through robust partnership working with swift and sensitive intervention The Trust has a legal responsibility under all relevant legislation e.g. the Equality Act 2010, Human Rights Act 1998, to ensure that no employee is subjected to unfair treatment at work with a duty to create and sustain a safe working environment. All employees have the right to work in an environment where they are shown respect and consideration at work and in which the dignity of each and every individual is valued and maintained Bullying and harassment in any form will not be tolerated by the Trust and may constitute gross misconduct in accordance with the Trust s Conduct Policy This policy and procedure meets the requirements of the Employment Act 2008 and the ACAS Code of Practice on Disciplinary and Grievance Procedures (April 2009) Any allegations of bullying and harassment, or grievances raised will be taken seriously, investigated appropriately and dealt with effectively. 1.2 Single Equality Scheme In applying this policy and procedure managers, employees and their representatives will have regard to the principles and requirements of the Trust s Single Equality Scheme. The Trust is committed to equality, diversity and human rights accordingly. The implementation of this policy and procedure and its impact will be monitored across all equality strands and reported regularly to the Trust Board Managers will not discriminate in the application of this policy and procedure in respect of age, disability, race, ethnic or national origin, gender, religion, beliefs, sexual orientation, marital/partnership status, social and employment status, gender identity, language, mental health status, or trade union membership In all cases, full and sensitive consideration should be given to equality and diversity needs/requirements or issues that may exist when implementing this policy and procedure. It should be recognised that in some cases, the perceived behaviour of individuals may be a reflection of diverse backgrounds and identities and can be subject to misinterpretation. Therefore, judgments regarding an individual s behaviour should always be fully and appropriately informed, which may in some ISSUE 6 FEBRUARY

4 instances, require diversity specific/focused input, guidance/advice 1.3 Scope And Application This policy applies to all staff including employees, consultants, of the organization for matters relating to issues of bullying and harassment. The policy directs staff to resolve matters of harassment and bullying through an informal as well as formal process In the event a concern is raised against, or from a worker employed by another organization, this will be raised with their employer to agree a way forward This policy covers work-related events (including social events) that may be off site as well as the normal working environment Issues that may be raised under this procedure include, but are not restricted to, those relating to the application of terms and conditions, working arrangements, work relations, discrimination and bullying and harassment If there are reasonable grounds to suspect that an employee may well be raising a vexatious claim of harassment and bullying, or grievance, the organization will investigate the cause in accordance with the Conduct Policy, and may take appropriate action under that Policy Issues must be raised at the earliest opportunity to support resolution at the lowest level. Therefore issues must be raised within 3 months of the event taking place. There may be occasions where an issue is raised following a pattern of behaviour over a period of time, therefore in exceptional circumstances issues raised after 3 months may be dealt with under this policy where there is evidence to support the issue. 1.4 Working In Partnership The Trust acknowledges the significant role of the Trade Union organisations and their representatives in working in partnership with managers to identify and address any concerns of inappropriate behaviour. Managers should work closely with representatives to address any concerns immediately or as soon as possible Employees have the right to be assisted, accompanied and supported by an accredited representative of a recognised Trade Union or Professional Organisation at the formal stage of this policy. Alternatively, employees may be supported by a work colleague As part of the Trust s commitment to good practice, support will be given to individuals who request the assistance of a Trade Union representative or to be accompanied at the informal stages if this can be facilitated It is the responsibility of the employee to make arrangements for representation and to arrange for an alternative representative where necessary. If any of the participants are unable to attend a formal meeting, an alternative date will be arranged within 5 working days of the original date. Where a specific Trade Union representative is not available this will not delay the process and it is the employee s responsibility to seek an alternative representative There is no right to legal representation at any stage of this policy and procedure. ISSUE 6 FEBRUARY

5 1.5 Roles & Responsibilities The Trust The Trust will make every effort to provide a safe and secure working environment in which the principles of mutual respect, dignity and trust remain central Employees All employees have a responsibility to treat their colleagues with dignity and respect according to our Codes of Conduct and POSITIVE values. Employees are accountable for their behaviour and actions and must respect the way in which their behaviour may affect others. All staff have a personal responsibility to work towards resolving issues informally in line with this procedure with the aim of restoring a positive conflict free working environment, Managers, Team Leaders and Supervisors Managers, will ensure that all employees are aware of the content of this policy. All levels of manager have a responsibility to create and maintain a culture in which all forms of bullying and harassment are not tolerated and where everyone is treated with dignity and respect. All levels of manager have a responsibility to ensure that issues regarding grievances, including concerns of bullying and harassment, are dealt with swiftly, thoroughly and sensitively to avoid unnecessary escalation of issues and minimize any stress/anxiety for all parties concerned. Managers are responsible for ensuring that their staff attends training related to the reduction of harassment and bullying in the workplace, both mandatory courses e.g. Trust Induction and courses identified during other processes HR Teams The role of HR is to actively support managers and employees in addressing concerns raised regarding bullying, grievance and harassment swiftly and appropriately through strategies such as supportive intervention, mediation, training, and support for investigating officers. HR will provide guidance to managers all employees in the interpretation and application of this procedure as and when required, including expert advice to managers by attendance at all formal grievance hearings. HR will provide access to and deliver training in relation to managing workforce relationships Trade Union Representatives The role of the Trade Union Representative is to offer representation throughout the process and ensure the policy and procedure are adhered to. ISSUE 6 FEBRUARY

6 2.0 MANAGEMENT OF BULLYING, GRIEVANCES AND HARASSMENT PROCEDURE 2.1 Stage 1 - Informal Stage Where appropriate, employees and managers should, in the first instance attempt to resolve any issues informally as they arise This may involve an informal meeting with all parties concerned to discuss the concern raised and agree an appropriate resolution Any agreed outcomes at the informal stage should be recorded and shared by both parties. 2.2 Stage 2 Formal Stage If an issue has been unable to be resolved at the informal stage, or where informal resolution has not been deemed appropriate, employees may use the formal stages of the procedure to seek resolution through the next level of management Issues must be raised at the earliest opportunity to support resolution at the lowest level. Therefore issues must be raised within 3 months of the event taking place Formal issues concerning bullying, grievance or harassment, should be submitted in writing to the line manager. A template is provided in appendix 1. Where the issue relates specifically to the actions of a line manager, the concern should be submitted to the manager at the next level of authority. The written document should state the exact nature of the complaint and what the desired outcome or remedy is. The employee, or their Trade Union Representative (acting on their behalf) should sign it On receipt of the formal grievance, the receiving manager will acknowledge receipt within 7 calendar days. The receiving manager should look into the issues raised, seek advice and gather information as necessary. This may or may not involve an investigation being conducted. If, at this stage, the receiving manager believes a further attempt at informal mediation is appropriate, a meeting will be arranged with the individual raising the concern to discuss this The manager must invite the employee to a meeting to discuss the concerns raised. This meeting will usually take place within 14 calendar days of receipt of the written concern. Where this is not practical, the manager will inform the individual of the reason why and will arrange the earliest possible date for the meeting. The manager should write to the employee and confirm the date, time and location of the meeting. Consideration should be given to the appropriateness of the venue given the nature of the issue that has been raised If it would be helpful and appropriate for progressing the concerns raised, the manager may invite other employees to the formal grievance meeting. All parties will be made aware of those who will be in attendance and the capacity in which they are attending the meeting. A HR Manager/Advisor will also attend the meeting in an advisory capacity If the grievance is resolved, there will be no further action. Written confirmation including the issues raised and agreed outcomes resolving the matter will be sent to the employee normally within 7 calendar days of the formal grievance meeting Where in the process of resolving a concern, it becomes apparent that conduct/capability action is required, the conduct/capability procedure will be ISSUE 6 FEBRUARY

7 applied in relation to the individual concerned. The employee who submitted the original grievance may be asked to participate in the disciplinary process if required to give evidence, but is not entitled to know the outcome of that process In circumstances where issues relating to bullying, grievance or harassment are found to be malicious, the Trust s Conduct Policy may be invoked. 2.3 Stage 3 Appeal Following completion of the formal grievance process, if an individual feels that the decisions made was unfair or a process was flawed, they may raise an appeal using the Trust s Appeal Procedure. 3.0 STATUS QUO 3.1 It is intended that the circumstances, which existed before the grievance will continue to apply while the procedure is being explored and completed. However, this will not apply where, following appropriate specialist advice to the Trust, doing so would place a person s health, safety and welfare at risk, or where there will be a detrimental impact upon services to patients. 3.2 In order to maintain positive employment relations, all parties will ensure this process is followed before any issues are escalated. 4.0 HARASSMENT BY OTHERS NOT EMPLOYED BY THE TRUST 4.1 Where a member of staff, non employed worker or volunteer feels that they are the subject of harassment from anyone they come into contact with whilst carrying out Trust activities, they must in the first instance discuss their concerns with their manager and seek further advice regarding how to proceed. 5.0 TARGET AUDIENCE 5.1 All Trust employees. 6.0 CONSULTATION 6.1 Consultation will be between ELC, and Staff Side Representatives. 7.0 LEGISLATIVE COMPLIANCE The Equal Pay Act 1970 & 1984 The Rehabilitation of Offenders Act 1976 The Mental Health Act 1983 & 2007 The Human Rights Act 1998 The Data Protection Act 1998 The Mental Capacity Act 2005 The Immigration and Asylum Act 2006 Work and Families Act 2006 The Equality Act 2010 ACAS Code of Practice Disciplinary and Grievance Procedures ISSUE 6 FEBRUARY

8 8.0 MONITORING COMPLIANCE 8.1 The implementation of this policy and its effectiveness will be monitored on an ongoing basis by the Trust Board, relevant General Managers/Heads of Service, senior members of the Human Resource Departments and members of the Core Group. This monitoring process will include the consideration of employment relations statistics provided to management groups. 9.0 EQUALITY IMPACT ASSESSMENT 9.1 An Equality Impact Assessment has been completed in respect of this agreement and has been undertaken by HR Manager, Forensic Services Division along with policy sub group CHAMPION & EXPERT WRITER 10.1 The champion of this policy is HR Manager, Forensic Services Division. This policy and procedure has been expertly written by a group of managers and staff representatives REVIEW DATE 11.1 This policy will be reviewed in February 2017 or in light of organisational or legislative changes. ISSUE 6 FEBRUARY

9 NOTTINGHAMSHIRE HEALTHCARE NHS TRUST APPENDIX 1 RE: NOTIFICATION OF GRIEVANCE Dear.. My name is.. and I currently work at. in the capacity of I have a grievance regarding... I have tried to resolve this informally with my immediate line manager and write to ask to meet with you to discuss this matter further. I will/will not be attending the meeting with a union representative who s details are:... I look forward to meeting with you to resolve this matter appropriately. Yours sincerely. ISSUE 6 FEBRUARY

10 GLOSSARY OF TERMS APPENDIX 2 Bullying Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. This also includes bullying based on association or perception. Harassment Harassment, is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. This also includes harassment based on association or perception Examples of bullying and harassment (this list is not exhaustive) Behaviour that is considered bullying by one person may be considered firm management by another. Most people will agree on extreme cases of bullying and harassment but it is sometimes the grey areas that cause most problems. Examples of what is unacceptable behaviour may include: spreading malicious rumours, or insulting someone (particularly on the grounds of age, race, sex, disability, sexual orientation and 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, display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected making threats or comments about job security without foundation deliberately undermining a competent worker by overloading and constant criticism preventing individuals progressing by intentionally blocking promotion or training opportunities. Bullying and harassment are not necessarily face to face, they may be by written communications, visual images (for example pictures of a sexual nature or embarrassing photographs of colleagues), electronic (so called flam ), phone, and automatic supervision methods such as computer 3 Grievance Grievances are concerns, problems or complaints that employees raise with their employers Anybody working in an organisation may, at some time, have problems or concerns about their work, working conditions or relationships with colleagues that they wish to talk about with management. They want the grievance to be addressed, and if possible, resolved. It is also clearly in management's interests to resolve problems before they can develop into major difficulties for all concerned. Issues that may cause grievances include: terms and conditions of employment health and safety work relations bullying and harassment new working practices ISSUE 6 FEBRUARY

11 working environment organisational change discrimination Collective Grievance Occasionally a collective grievance may arise where a number of people have the same grievance at the same time. Third Party Harassment The Equality Act 2010 makes the organisation potentially liable for harassment of employees by third party individuals who are not employees of the organisation. The organisation may become liable when harassment by a third party has occurred on at least two previous occasions (not necessarily by the same third party) and the organisation has failed to take reasonable steps to prevent it from happening again. Staff should ensure that they inform their line manager and the Head of Health, Safety and Security if they feel they have been subject to harassment by a third party to enable steps to be taken to protect them and an investigation to take place as appropriate to prevent any further action from happening. Staff should consider, if appropriate, raising their concerns through the Violence and Aggression Policy which is available from the organisation s intranet where an investigation will be conducted in line with the NHS Security Management Services guidelines. ISSUE 6 FEBRUARY

12 APPENDIX 3 GOOD PRACTICE STEPS Supporting Employees The Trust acknowledges that those involved with issues of bullying, grievance and harassment may experience a level of anxiety/stress. In all cases the Trust will seek to provide the most appropriate support available. This may be provided by the individual s line manager or other directorate senior manager through open discussion and dialogue, a member of the HR team, trade union representative or through a referral to the Trust Staff Counselling Service. This relates both to those staff who are raising issues regarding either bullying, grievance and harassment, as well as those staff who are accused during these processes. Consideration must also be given to supporting employees in restoring and maintaining respectful working relationships once the issues have been addressed. Investigation Procedure Where an investigation into the concerns raised is required, an appropriate Investigating Officer, who (where possible) is not directly involved in the matters being investigated will be appointed to complete the investigation. This person many involve others to assist with the investigation process. The Trust may, at its discretion, use an external investigator where this is deemed appropriate. The investigation shall normally be conducted in accordance with terms of reference drawn up by the Manager responsible for requesting the investigation. The Investigative Officer will then undertake a formal investigation, which must be carried out with due regard to the need for a swift conclusion and should normally take no longer than 28 calendar days from the date of the initial acknowledgement of the complaint. The investigating officer will keep both parties informed of the progress of the investigation, including any necessary alteration to the timescale. Where a counter complaint is made by the person about whom the grievance/complaint has been raised, this will normally be dealt with as part of the same investigation. At any stage of the formal procedure the individual may decide that they wish to attempt to resolve the situation through an informal approach and should approach either the investigating officer or case officer if this is their wish. However, the manager and investigating officer have a duty of care, if it is their view that informal resolution is not appropriate due to the seriousness of the allegations, or that there is a potential for serious risk the investigation will continue. The person whom the grievance/complaint has been raised will be informed of the allegations made against him/her. The investigating officer will interview the complainant and the person whom the grievance/complaint has been raised, and take written signed statements from both. Both parties have a right to be accompanied (by either a Trade Union representative or a work colleague). Interviews may also be held with any witnesses concerned with the incident(s). Where the complaint is about a third party the Trust will consider what action may be appropriate to protect the individual bearing in mind the reasonable needs of the Trust and the rights of that person. A decision will be made by the appropriate Executive in conjunction with HR. On completion of the investigation the investigating officer will close the investigation by evaluating the evidence and preparing a written report outlining the facts of the case and the chronology of the investigation. A written response to both the complainant and the Respondent will be delivered within 14 calendar days following receipt of the Investigation Report outlining any next steps. ISSUE 6 FEBRUARY

13 GOOD PRACTICE PROCEDURE FOR FORMAL GRIEVANCE MEETINGS All documents to be presented at the meeting must be available to managers and the employee /representative at least 7 calendar days prior to the meeting. At the meeting, the following procedure will be observed: 1. The Manager hearing the grievance will make the necessary introductions and remind both parties of the purpose of the meeting. 2. The employee (or their representative if appropriate) will state their case, explain the nature of their grievance and call any witnesses. 3. The Manager hearing the grievance and the representatives of both parties will be entitled to question any witnesses called. 4. The employee (or their representative) may re-examine his or her witnesses on any matters referred to in their examination by the Manager hearing the grievance or the line management representative. 5. The line management representative will state their case and call any witnesses. 6. The Manager hearing the grievance and the employee (or their representative) will be entitled to question any witnesses called. 7. The line management representative may re-examine his or her witnesses on any matters referred to in their examination by the Manager hearing the grievance or the employee (or their representative). 8. The Manager hearing the grievance may invite the representative of either party to clarify or amplify any statement he or she may have made. 9. The Manager hearing the grievance may at their discretion adjourn in order that further information may be ascertained. 10. Where possible the Manager hearing the grievance will inform the employee of the outcome at or immediately after the meeting. However, in complex or lengthy cases it may be necessary for the Manager hearing the grievance to take time to properly consider the facts and communicate the outcome to the employee after the meeting. 11. The Manager hearing the grievance in all cases will confirm their decision in writing to both parties as soon as possible and normally within 5 working days of the meeting. The letter should clearly state the outcome and the reasons for reaching this decision ISSUE 6 FEBRUARY

14 APPENDIX 4 Policy/Procedure for: GRIEVANCE (INCLUDING BULLYING & HARASSMENT) (Previously 11.03) Issue: 6 Status: Author Title: APPROVED HR Manager, Forensic Services Division Issue Date: FEBRUARY 2014 (REISSUED SEPTEMBER 2014) Review Date: February 2017 Approved by: Distribution/Access: HR Core Group NORMAL RECORD OF CHANGES DATE AUTHOR POLICY/ PROCEDURE DETAILS OF CHANGE J Fleet PE/10 Change to house style and review date D Gezmis PE/10 Update and review of full content J Cyrnik Nov/Dec 2013 L Herrick (Issue 6) May 2014 P Hall Trust logo updated,2.3 Bullying & harassment issues raised under this policy, 5.0 Implementation of this policy reflects that in the bullying & harassment policy Changes throughout to include reference to Bullying and harassment (policies merged) Changed policy number Changes to the numbers of Trust relevant policies to reflect their new number ISSUE 6 FEBRUARY

15 EMPLOYEE RECORD OF HAVING READ THE POLICY/PROCEDURE Grievance (including Bullying & Harassment) APPENDIX 5 Title of Policy/Procedure: Grievance (including Bullying & Harassment) I have read and understand the principles contained in the named policy/procedure. PRINT FULL NAME SIGNATURE DATE ISSUE 6 FEBRUARY