Derbyshire Constabulary BULLYING AND HARASSMENT GUIDANCE (RESPECT AND DIGNITY AT WORK) POLICY REFERENCE 09/258

Transcription

1 Derbyshire Constabulary BULLYING AND HARASSMENT GUIDANCE (RESPECT AND DIGNITY AT WORK) POLICY REFERENCE 09/258 This guidance is suitable for Public Disclosure Owner of Doc: Head of Department, Corporate Services Date Approved: June 2009 Review Date: September

2 INDEX Heading Page No 1. Guidance Identification Page Legislative Compliance Introduction Guidance... 5 What is dignity at work?... 5 What do we mean by unacceptable behaviour?... 5 Bullying... 5 Protected Characteristics... 5 Harassment... 6 Direct Discrimination... 6 Indirect Discrimination... 6 Victimisation... 7 How can we recognise unacceptable behaviour?... 7 Physical and Psychological effects of bullying... 8 The Legal Position... 8 Force Values... 8 Code of Ethics... 8 The Police (Conduct) Regulations What are your responsibilities?... 9 How should employers respond to a compalint of bullying and/or harassment. 10 Informal Resolution Misconduct Procedures What you can do if you are being bullied What about legal action? Monitoring and Review Appeals Appendices

3 1. Guidance Identification Page Guidance title: Bullying and Harassment Guidance (Respect and Dignity at Work) Registry Reference number: 09/258 Guidance implementation date: June 2009 (original version) Guidance review date: September 2017 Department / Division responsible: Guidance owner: Corporate Services Head of Department Last reviewed by: Helen Ham Date last reviewed: Confidence and Equality Impacts on other policies / guidance / documents (list): September 2015 Dispute Resolution Policy Health and Safety at Work Attendance Management UPP Security Classification: Disclosable under FOI Act: YES Guidance to be published on Intranet YES Guidance to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction Derbyshire Constabulary is committed to promoting a positive work environment where the dignity and respect, to which all employees are entitled, is not undermined. We understand the psychological and physical effects that workplace bullying can have. Statistics have shown that workplace bullying can lead to both prolonged sickness absence and high absenteeism, often leaving those affected depressed, full of self-doubt, displaying a decline in workplace performance which if not addressed can cause individuals to resign. We are opposed to any form of bullying, harassment, discrimination, victimisation or any unacceptable behaviour towards an individual or group. Police Officers, Police Staff, Police Community Support Officers, Special Constables and Volunteers of Derbyshire Constabulary, have both the right to complain about bullying and harassment and the means of pursuing such complaints. Further, they have the right to expect that every complaint will be properly investigated and dealt with appropriately. Derbyshire Constabulary aims to eradicate all workplace bullying and/or harassment. This guidance aims to create an anti-bullying ethos as part of a wider commitment to ensure a safe, friendly and comfortable working environment. Derbyshire Constabulary has a legal obligation of a duty of care to provide a safe place and system of work. Any bullying that is reported must be investigated, informally or formally whichever is appropriate to comply with the duty of care. This guidance highlights the duty of all managers and supervisors to be vigilant thoroughly investigate and deal promptly and fairly with all complaints or allegations of bullying and harassment. Further, all employees of the Constabulary have a responsibility to ensure that their working environment is free from bullying and harassment and that they treat each other with dignity and respect. Anyone who becomes aware of bullying of harassment has a duty to do all in his or her power to stop it. Anyone challenged about their own behaviour should realise that it is not their intention that matters but the effect that their behaviour has on the person complaining. It is important that high quality customer service is provided as part of the Bullying and Harassment Guidance and the standards specified in the Customer Service Policy apply through-out this document. 4

5 4. Guidance What is dignity at work? Dignity and respect at work is about how we treat people. It is about our behaviour as an organisation and as individuals towards people who work for us and who we work with. It is about valuing and respecting people as individuals, their qualities and their differences. When we don t do this, our behaviour can undermine the dignity and respect to which we are all entitled. Behaviour that undermines someone s dignity and respect is unacceptable and can be a problem in any organisation if it is allowed to continue. It can result in: - Poor morale Poor performance Lost productivity Illness Absences Resignations Damage to an organisation s reputation Tribunals, criminal court cases and payment of unlimited compensation What do we mean by unacceptable behaviour? This type of behaviour is sometimes hard to recognise because: - It may not be obvious to others We may feel it is normal behaviour that is culturally acceptable We often ignore it through worry about feeling weak and not being up to the job We worry about overreacting and being believed There are many definitions of bullying and harassment. The following definitions are provided are provided by The Advisory, Conciliation and Arbitration Service (ACAS) and the Equality Act 2010: Bullying is not specifically defined in law is but 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. (ACAS 2014) Protected Characteristics Discrimination law protects people from being treated less favourably because of certain characteristics. These are known as protected characteristics. The protected characteristics are defined within the Equality Act 2010 as: Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity 5

6 Race Religion or belief Sex (Gender) Sexual orientation Harassment There are three types of harassment as defined by the Equality Act The first type involves creating an intimidating, hostile, degrading humiliating or offensive environment for the complainant or violating the complainant s dignity. The first type, applies to all the protected characteristics apart from marriage and civil partnership. Pregnancy and maternity is not protected directly under the harassment provisions, however, unwanted behaviour will amount to harassment related to sex. The second type is sexual harassment which is: Unwanted conduct of a sexual nature where this has the same purpose or effect as the first type of harassment. The third type is: Treating someone less favourably because they have either submitted to or rejected sexual harassment, or harassment related to sex or gender reassignment. A single incident may amount to harassment if the perception of the recipient of the behaviour, the other circumstances of the case and whether it is reasonable for the conduct to have that effect. Harassment can take the form of physical, verbal or non-verbal conduct, which makes the individual feel harassed even though that may not have been the intention of the perpetrator. Direct Discrimination This occurs where an individual is able to show that they have been treated less favourably than others have in similar circumstances, because they display a protected characteristic. Direct discrimination also applies where an individual is subjected to less favourable treatment by reason of their association with a person against whom it would be unlawful to discriminate, for example, harassing an individual who has a disabled child. Subjecting someone to less favourable treatment for a perceived reason for which it is unlawful to discriminate, for example, harassment of an individual by a colleague who believes the individual to be homosexual is also direct discrimination. Indirect Discrimination This occurs when an apparently non-discriminatory requirement or condition which applies equally to everyone: - Can only be met by a considerably smaller proportion of people from a particular group; and Which is to the detriment of a person from that group because he or she cannot meet it; and The requirement or condition cannot be justified. 6

7 Victimisation Victimisation occurs when an employee is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act; or because they are suspected of doing so. An employee is not protected from victimisation if they have maliciously made or supported an untrue complaint. How can we recognise unacceptable behaviour? Most people will agree on extreme cases of bullying and harassment, but it is sometimes the grey areas that cause the most problems. Behaviour that is considered acceptable by one person may be considered firm management by others. Legitimate management action within agreed procedures to deal with staff whose ability or behaviour is in question is not bullying or harassment. However, if that manager s action or behaviour is outside what we consider to be legitimate and reasonable management action such as: - Deliberately undermining a competent worker by giving them more work than they can cope with, or Withholding or supplying incorrect information, then we could consider them as having harassed or bullied the employee concerned. Unacceptable behaviour does not always happen face to face. It may be by written communication, and phone. It may also include work-related social events. Examples of unacceptable behaviour include: - Spreading malicious rumours, or insulting someone Copying s or memos that criticise someone to others who do not need to know Ridiculing or demeaning someone by picking on them and setting them up to fail Embarrassing remarks or jokes, or comments on dress or appearance Deliberately excluding someone Verbal abuse, including racist, sexist or homophobic language Asking someone to carry out inappropriate tasks Overbearing supervision or misusing power or position Displaying offensive material Unwelcome sexual advances such as leering, touching, standing too close Physical assault including touching or other unwanted physical advances such as poking Making threats, including comments about job security without foundation Deliberately undermining a competent worker by overloading and constant criticism Preventing career progression by intentionally blocking promotion, training opportunities or lateral career development Where you work in a group, you seem to be singled out and treated differently to your colleagues e.g. they can get away with serious errors but you cannot put a foot wrong The dispensing of sanctions without following the correct procedure The insistence to work overtime on a regular basis when there is no requirement to Continually having requests for annual leave, flexi-time or compensatory time off refused 7

8 Physical and Psychological effects of bullying High level of stress and anxiety Headaches and migraines Tiredness, exhaustion, constant fatigue Sweating, trembling, shaking, panic attacks, palpitations Sleeplessness Self-harm Flashbacks Irritable Bowel Syndrome Poor concentration Forgetfulness Tearfulness Reactive depression Low self-confidence, low self-esteem and self-worth Uncharacteristic irritability and/or angry outbursts The Legal Position Harassment at work is unlawful under the following legislation: - Equality Act 2010 Civil Partnership Act 2004 Employment Act 2002 Gender Re-assignment Act 1999 Human Rights Act 1998 Equal Treatment Directive Health and Safety at Work Act 1974 The Police (Conduct) Regulations 2012 Force Values This guidance works within a framework of our values. This means that consideration should always be given to how the values, both collectively and individually, apply to all aspects of the guidance. Our values will help ensure that we act with the highest professional standards, influencing what we do and what we say. It is essential for the effective application of the guidance to apply the following values consistently: - Integrity Respect Performance Responsibility Innovation Code of Ethics The College of Policing developed the Code of Ethics on behalf of every member of the policing profession of England and Wales. 8

9 Every person working in policing will use the Code of Ethics as their personal guide to the principles they are expected to uphold and the standards of behaviour they are expected to meet. The main components of the Code are sets of principles and standards of professional behaviour. The policing Principles are: - Standards of Professional Behaviour are: - Accountability Honesty and integrity Fairness Authority, respect and courtesy Honesty Equality and diversity Integrity Use of force Leadership Orders and instructions Objectivity Duties and responsibilities Openness Confidentiality Respect Fitness for work Selflessness Conduct Challenging and reporting improper conduct The Code of Ethics will empower everyone who works in policing to always do the right thing and to feel confident to challenge unprofessional behaviour by colleagues irrespective of their rank, role or position. The Police (Conduct) Regulations 2012 All police officers and special constables are subject to the Standards of Professional Behaviour which are set out in the Police (Conduct) Regulations The Standards of Professional Behaviour apply to the conduct of officers in all ranks whilst on or off duty. The force has also developed an equivalent Standard of Professional Behaviour for police staff. What are your responsibilities? We expect you to: - Treat your colleagues fairly and with dignity and respect Value differences in others and the contribution they make Be aware of how your behaviour impacts on others and change it if it is likely to cause offence Challenge inappropriate behaviour constructively and bring unfair treatment you have witnessed to the attention of your supervisor or another member of staff Co-operate with investigations into allegations made under this policy and maintain confidentiality as agreed Be aware that disciplinary action may be considered if you make false or malicious allegations Support others where possible as the lodging of a complaint and any associated investigation can be extremely difficult and distressing for both the complainant and the subject of the complainant 9

10 How should employers respond to a complaint of bullying and/or harassment We expect managers who have responsibility for staff to: - Manage people effectively and in a fair and consistent way Ensure all staff understand this policy and what the organisation consider to be unacceptable behaviour and set standards of what is expected of them Refer to the organisation s commitment to standards of professional behaviour by promoting equality and diversity. Lead by example, set high standards and be open to feedback about your own behaviour or management style The behaviour of employers and senior managers is as important as any formal policy. Effective management can unfortunately sometimes tip bullying behaviour (see Appendix 1). As managers you must make it clear that bullying and harassment is unacceptable. You should listen carefully to the person making the complaint and the particular concerns they tell you Maintain fair procedures by dealing promptly, sensitively and confidentially with any complaint. Complaints of bullying and harassment should be dealt with in accordance with the Constabulary s dispute and disciplinary policies and procedures. The Police Conduct Regulations 2012 sets out procedures for Police Officers and Special Constables. The investigation must be seen to be objective and independent. Decisions can then be made as to what action should be taken. Informal Resolution Before commencing the formal dispute resolution procedure, individuals are encouraged to attempt to resolve the dispute informally. This would normally involve raising the issue, either verbally, or in writing, with a line manager, HR Manager or staff association so that the matter may be resolved. All parties, including managers, can benefit from consulting with and involving the staff associations. Informal resolutions may involve the line manager and/or HR representative meeting with each party separately, or a meeting of all the parties, to discuss the matter. Resolutions may include, for example, one or more of the following: - Clarification of a misunderstanding Exchange and acceptance of differing perspectives/feelings Agreement to disagree Agreement to provide feedback to someone on their behaviour Acceptance of an explanation or apology Agreement to implement a development plan or action plan Agreement to modify a practice or behaviour This list is not exhaustive and other resolutions may be identified. The relevant Line Manager and/or HR representative should make a brief note (jointly agreed with the aggrieved party) of the resolution(s) agreed/implemented and forward this to the Senior Business Partner, Policy and Remuneration. This will be used to monitor general trends in workforce employee relations. If the matter is not successfully resolved at this stage the individual can raise a grievance through the formal procedure. Please refer to the Dispute Resolution Procedure. 10

11 Misconduct Procedures Where an informal resolution is not possible, the manager may decide that the matter is a misconduct issue, which needs to be dealt with formally and with the involvement of Professional Standards Department or the HR Department. As with any misconduct issue, it is important that the correct procedures are followed. In the case of bullying or harassment, there must be fairness to both the complainant and the person against who the complaint is made. In cases which involve gross misconduct and there is reason to separate the parties, a period of suspension of the person against whom the complaint is made may need to be considered, while the case is being investigated. Under no circumstances should the person making the complaint be moved or transferred unless they specifically request this. In such circumstances their request should be strictly documented. There may be cases where somebody makes an unfounded allegation of bullying and/or harassment for malicious reasons. These cases should also be investigated and dealt with fairly and objectively under the disciplinary procedure. Examples of behaviour serious enough to warrant further action with the employees consent are: - Threatening Behaviour Stalking both at work and/or outside of work Inappropriate and deliberate physical contact or assault Verbal abuse including the use of racist, sexist or homophobic language Persistent harmful bullying or abuse What you can do if you are being bullied Identify why you feel you are being bullied (refer to this guidance for types of behaviour that may constitute bullying or harassment). Think back to what has changed some examples may be; you challenged someone s beliefs, you stood up for a colleague who was being bullied, you have been promoted, a new manager has been appointed. If, and only if you feel comfortable, tell the person to stop whatever it is they are doing that is causing distress. They may be unaware of the effect of their actions. If you find it difficult to tell the person yourself, you may wish to get someone to act on your behalf. Realise that criticism levelled against you may contain a grain of truth to fool you into believing the bully. If you constantly receive criticism about your work, obtain a copy of your job overview and check the responsibilities match your role profile. If your work objectives are unclear or constantly keep changing, ask your manager to provide written instructions to help you. Keep copies of performance development reviews and probationary period reports with your line manager showing your continuous ability to perform in your current role. Keep a diary or incident long (see Appendix 2). Not just of the incidents themselves, but of the pattern of incidents. For example, you should make a note of the time, 11

12 date, place of the incident, the person harassing or bullying you, what happened, name of anyone present and if you reported the incident what, if any, action was taken. If possible, avoid being alone with the person bullying you. Remember bullies often bully to hide their own inadequacy or they may feel that you are a threat to them. Take positive steps to take control of the situation by contacting support networks, the Federation, UNISON, Employee Relations Manager, Occupational Health, Head of Equality, external support networks and websites to gain more information about bullying (see Appendix 3). Ask your colleagues or someone you trust, for their honest opinion and assessment of your performance. Expect some colleagues to perhaps remain quiet or not to necessarily agree with you, as they might be worried about being the bully s next recipient or they may be being bullied themselves. Although hard, try throughout to maintain your self-respect and self-belief. Do not lose control, stand calm and do not allow yourself to become a victim. Realise that by following these steps you are taking control of the situation. Remember, that it is a sad fact the most common reasons for bullying are because the recipient is more competent in their role, more successful, more popular or attractive. If you decide to make a formal complaint, you should speak to your Line Manager, or if not appropriate your HR Manager, Employee Relations Manager or Staff Association Representative in the first instance. In extreme cases, the Head of Equality and Professional Standards Department. Consider mediation or going through the Dispute Resolution Procedure. After investigating your complaint Derbyshire Constabulary may decide to take disciplinary action against the person whom the complaint was made, in accordance with the organisation s misconduct procedure. In cases of gross misconduct, this may lead to dismissal of the bully or harasser. Misconduct procedures may also be considered against someone who makes a false accusation. What about legal action? If, despite all your efforts, nothing is done to prevent the treatment, you should take advice on your legal rights. If you leave and make a claim to an employment tribunal, the tribunal will expect you to have tried to resolve the problem though internal organisation procedures and any records you have kept will be considered when it hears your claim. It is also the case in claims alleging discrimination, where you might still be employed by the organisation. If resignation is the last resort, ensure you have tried all other ways to resolve the situation. 5. Monitoring and Review The monitoring and review of this guidance is the responsibility of the Head of Department, Corporate Services and will be carried out in accordance with the Dispute Resolution Procedure. The guidance will be reviewed every two years. 12

13 6. Appeals Process Appeals against disciplinary action taken in relation to bullying or harassment will be in accordance with the disciplinary procedure. 7. Appendices Appendix 1 How to tell the difference between effective management and bullying Appendix 2 Incident log sheet Appendix 3 Support Networks 13

14 Appendix 1 How to tell the difference between effective management and bullying EFFECTIVE MANAGEMENT BULLYING Accepts responsibility Abdicates responsibility Acknowledges failings Good interpersonal skills Fair and treats all according to needs Values others Includes others in decision making and/or projects Leads by example Manner is respectful and considerate Assertive Motivates Listens, guides and instructs Uses influencing skills Shares information freely Denies failings and blames others Poor interpersonal skills or does not communicate Inconsistent, regularly singles people out, criticises and shows favouritism Devalues others Is selective in the people included or excluded Domineering and sets poor examples Manner is disrespectful and inconsiderate Aggressive De-motivates Tells Alienates, divides, creates fear and uncertainty Withholds information 14

15 Appendix 2 Incident log sheet (Ensure you give as much detail as possible) Incident number: Date and time: What is the name of the person(s) you feel is bullying/harassing you? Where did the incident take place? Who else was present when the incident took place? What happened? Why did it happen? What did you do? How did you feel? Other information 15

16 Appendix 3 Support Networks Advisory, Conciliation and Arbitration Service (ACAS) Help line Tel: Confidential Care (CiC) Tel: free phone Police Federation Tel:(Internal) Unison Tel: (Internal) Staff Networks Details of how to contact the below networks can be found on the intranet: Staff Networks Black Police Association LGBT Support Network enable Disability Support Network Gender Agenda Support Network Christian Police Association 16

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