TRUST POLICY & PROCEDURE

Transcription

1 Lancashire Teaching Hospitals NHS Foundation Trust PREVENTING BULLYING AND/OR HARASSMENT AT WORK POLICY AND PROCEDURE The policy sets out acceptable standards of behaviour and applies to all workers and contractors employed in the Trust. It also sets out the processes to be followed where there is concern about an issue involving bullying and\or harassment. AUTHOR. APPROVED BY DATE AUTH POLICY REFERENCE NUMBER NAME Karen Giffard NAME Tony Curtis HRP-05 SIGNATURE SIGNATURE REVIEW DATE Jan 2013 ASSOCIATE HR DIRECTOR CHIEF EXECUTIVE TRUST POLICY & PROCEDURE This Policy and Procedure has general application throughout the undertaking of Lancashire Teaching Hospital NHS Foundation Trust. It represents the governing principles outlined within the document which are fully supported in every respect by the Trust Board. All members of staff are required to adhere to the principles involved as outlined within this document, together with any related procedures, which are enabled by this policy. This Policy was produced in consultation with: Trust Joint Negotiating and Consultative Committee (TJNCC) Sub Groups of the TJNCC Page 1 of 10

2 CONTENTS: Paragraph Number Description Page 1. Policy Aim 3 2. Principles 3 3. Definitions of Bullying and Harassment 3. Duties and Responsibilities 5. Support to Staff 5 Appendix A Procedure 6 1. Informal Procedure Advice and Action 6 to Employees 2. Informal Procedure Role of the Line Mgr 6 3. Formal Procedure 7. The Role of the Investigating Officer 8 5. Anonymous Allegations 8 6. Training 8 7. Appeal Process 9 8. Monitoring and Compliance 9 9. Audit 9 List of Associated Policies: Disciplinary Policy and Procedure Performance Management Policy and Procedure Code of Conduct for Employees Page 2 of 10

3 1. AIM The policy sets out acceptable standards of behaviour and applies to all staff employed by the Trust, workers, visitors, patients, contractors and staff from other organisations employed in the Trust. It also sets out the processes to be followed where there is concern about an issue involving harassment and/or bullying. 2. PRINCIPLES The Trust recognise the right of all staff to be able to work in an environment that is free from harassment, discrimination and intimidation and will ensure that staff are treated with dignity and respect. This policy promotes the respectful treatment of staff within the Trust. Incidences of bullying or harassment towards staff members are deemed be wholly unacceptable and Trust Management will make every effort to prevent and eliminate such incidents. As well as the detrimental impact on the individual, harassment has an impact on the organisation in terms of poor morale and employee relations; staff turnover; absence levels and poor performance problems. Each member of staff carries personal responsibility for their own behaviour in relation to this policy and is responsible for ensuring their conduct is in line with the standards set out in this policy. Bullying and harassment may be treated as a disciplinary offence, and where allegations are founded may lead to summary dismissal. Disciplinary action may also be taken if a complaint is found to have been made maliciously or in bad faith. 3. DEFINITIONS OF BULLYING AND HARASSMENT Bullying and harassment are terms which are often used interchangeably. Bullying can be a form of harassment. Harassment can be defined as unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristics 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. It is not the intention of the perpetrator but the deed itself and the impact on the recipient which determines what constitutes harassment. Bullying is often characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. (ACAS Bullying and Harassment at work Guide for Managers and Employers). Page 3 of 10

4 Whatever the form of harassment, it will be unwanted behaviour which is unwelcome and unpleasant and may include the following behaviours which may be directed to an individual or group: spreading malicious rumours, or insulting someone by words, behaviour (particularly on the grounds of age, race, sex, disability, sexual orientation and religion or belief) copying correspondence including s 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, and making decisions on the basis of sexual advances being accepted or rejected deliberately undermining a competent worker by overloading and constant criticism preventing individuals progressing by intentionally blocking promotion or training opportunities verbal abuse and/or actual or threatened violence joke telling, offensive language, gossip and slander These behaviours may occur:- amongst co-workers where a manager/supervisor uses position and authority to take advantage, control or otherwise to affect the career, salary or job of an employee when dealing with patients, relatives or other members of the public Interaction between two or more people which is acceptable to those parties will nevertheless be considered harassment if they cause harassment or offence to others.. DUTIES AND RESPONSIBILITIES..1. Board of Directors. The Board of Directors holds ultimate responsibility for the health, safety and welfare of all Trust employees through its Chief Executive Officer. The Board fully endorses this policy and will seek assurance that any reported incidences of harassment and bullying are thoroughly investigated and incidences eliminated..2. Chief Executive. The Chief Executive is responsible for ensuring that practical arrangements are in place to control harassment and bullying in the workplace. Page of 10

5 .3. Workforce Director. The Workforce Director is responsible for the provision of the Policy/Procedure on the prevention and management of incidences of bullying and harassment and for ensuring that the document is regularly reviewed and updated in accordance with current practice. (S)he will also ensure that arrangements are in place, through human resources management, to fully support both staff members and General /Departmental/Ward Managers where incidences of bullying and harassment are reported or come to light in other ways... General Managers and Departmental/Ward Managers. General Managers, Departmental/Ward Managers and supervisors have responsibility to ensure that any harassment does not occur in their work area. They also have responsibility for:- ensuring that this policy is implemented communicating and explaining the policy dealing with any harassment of which they become aware, whether or not it is brought to their attention formally thoroughly investigating any instances of harassment, victimisation or bullying and resolving them as quickly as possible maintaining the confidentiality of all parties during any investigation.5 Employees. The Trust recognises that all employees have the right to be treated with dignity and respect and work in an environment free from bullying and\ or harassment. All employees are expected to comply with this Policy and to ensure that they do not behave in a way that could be regarded as harassment, or allow others to do so. Staff are encouraged to report incidents in the knowledge that complaints will be dealt with in a sensitive and confidential manner. There will be no victimisation of any employee making or helping someone else make a complaint. 5. SUPPORT TO STAFF It is recognised that being subjected to inappropriate behaviour can be quite stressful as can the reporting of such behaviour. It is important that staff be supported throughout the process. Support can be obtained from supervisors or managers; colleagues; staff counsellor; occupational health; human resource or trade unions representatives. The person to whom the incident is reported should ensure that the appropriate supports are offered. It is also important to offer the same support to the person whom allegations of harassment are made against. Under no circumstances should employees who make complaints about bullying and or harassment be victimised. They should have their concerns treated with respect and confidentiality. Line Managers and General Managers must provide Page 5 of 10

6 direct support to victims and take the time to explain the process thoroughly and act as first line basic counselling service. APPENDIX A PROCEDURE The aim of these procedures is to stop the undesirable behaviour and to prevent recurrence. Where appropriate, every effort should be made to resolve the situation informally. Complaints should be made as soon as possible after the incidents involved. 1. INFORMAL PROCEDURE ADVICE AND ACTION BY EMPLOYEES 1.1 Anyone who feels they have been harassed, bullied or treated in any way which breaches this Policy should, if they feel able, tell the person immediately that the behaviour in question is offensive, unwanted and they want it to stop. They do not need to justify why it offends them. 1.2 Alternatively, they can ask a friend, manager, hr manager, or staff/union representative to speak to the person on their behalf. If the individual does not wish to be identified this should be respected. 1.3 A detailed diary note should be kept of the dates, the behaviour, and what was said by all involved, including any witnesses, as it may be needed for evidence should harassment continue to recur. This may be sufficient to resolve the situation, particularly if the person involved was unaware that the behaviour was causing offence. 1. If they feel unable to approach the individual, either directly or with support, or if the harassment continues, they may choose to discuss the matter with their line manager, Human Resources Officer, Occupational Health, a staff representative, Staff Counsellor or Staff Care Facilitator. An appropriate person will be made available to listen to a complaint, and to give advice under the Policy and on the options, which may be taken to resolve the problem and prevent recurrence. 1.5 They may choose to raise the complaint formally with their manager and can be supported in this by another colleague, staff/union representative or staff counsellor, if they wish. 2. INFORMAL PROCEDURE ROLE OF THE LINE MANAGER Page 6 of 10

7 Even if a complaint is made informally the line manager may be asked to advise the individual that their behaviour is not acceptable the manager should keep a note of the complaint and how it was dealt with. Page 7 of 10

8 3. FORMAL PROCEDURE If informal attempts to resolve the situation have not been successful, or if it felt by the complainant that the acts complained of may not be resolved informally, the matter may be raised directly with the line manager, trade union representative or a human resource manager will advise on the next steps, for example formal investigation. A decision to conduct a formal investigation should be made by a senior manager jointly with the human resource manager. Where investigation is deemed appropriate, it should be conducted independently by a line manager from different department and a human resource manager. The investigation and any action arising from it will be carried out in line with the Trust s Disciplinary Procedure. The investigation shall be dealt with as follows:- (i) (ii) (iii) (iv) (v) (vi) The appropriate manager will set up an investigation to determine the facts of the incident. Advice should be sought from the Human Resources Department throughout this process. The matter will be dealt with thoroughly, promptly and confidentially to protect both the complainant and the alleged harasser. The investigation should be completed within two months although given the complexities of some issues this may be not always be achievable. Timescales will be discussed in more details with the individuals concerned. The manager should offer counselling support from the Staff Counsellor or Occupational Health to all those involved. All parties have the right to be represented by their staff representative if they wish. The complainant and the alleged harasser must be informed of the outcome as soon as possible following the conclusion of the investigation, and a decision whether any further action is necessary will be made. Every effort will be made to prevent further harassment. If the relocation of one party is deemed to be necessary, it should not be the employee who has suffered harassment who is relocated, unless specifically requested. If a prima facie case exists the Trust s Disciplinary Procedure will be implemented. Witness statements from the investigation will form the basis of the case. In the interests of fairness and justice witnesses will be expected to give evidence in person. However, the circumstances of each case will be taken on its own merits. If a complaint is withdrawn at any stage during the procedure the Trust reserves the right to continue with the investigation. Page 8 of 10

9 (vii) Every support from the Human Resources Department will be given to managers in dealing with cases of harassment and every effort will be given to assist in the resolution of problems. (viii) If a complaint has been made maliciously, the investigating manager will consider whether the Disciplinary Procedure should be invoked against the complainant.. THE ROLE OF THE INVESTIGATING OFFICER IS TO:- ensure confidentiality is maintained. advise all parties of their right to be represented. discuss the complaint separately with the complainant and the person against whom the complaint has been made. decide whether it is necessary to relocate one or other of the employees whilst the investigation is carried out. This will normally be the person against whom the complaint was made, however requests from the complainant will also be considered. suspension will only be considered where the allegations are serious and temporary redeployment or transfer is not an option. should the complainant withdraw the complaint during the procedure you should find out why, to satisfy yourself that victimisation or further harassment has not taken place. a report should be drafted and forwarded to the commissioning manager setting out the evidence and recommendation. The report should be discussed with the complainant and the person against whom the complaint has been made. where there is a prima facie case to answer the Trust s Disciplinary Procedure must be followed. The complainant will be advised of the outcome of the disciplinary hearing, however the precise action taken may not be disclosed where this would infringe a duty of confidence owed by us to someone else. 5. ANONYMOUS ALLEGATIONS Although it was preferable for anonymous complaints to be raised in writing, even if unsigned, anonymous telephone calls would be judged on an individual basis. 6. TRAINING Any training required in relation to this policy is identified in the Trust s Risk Management Training Needs Analysis document. Page 9 of 10

10 7. APPEAL PROCESS 7.1 Complainant The complainant may appeal if their complaint is not upheld. The appeal will not involve undertaking the investigation afresh but will be a review, conducted by another manager independent of the original investigation of the evidence recorded during the investigation. There can be no appeal by the complainant against the perceived severity or leniency of any disciplinary action taken against the respondent. 7.2 Respondent The respondent may appeal against the process of investigation and\or any sanction imposed by a disciplinary panel. 8. MONITORING COMPLIANCE WITH THE EFFECTIVENESS OF THIS POLICY. Monitoring of this process will be undertaken conducting a review of random reported cases and analysing the degree of compliance with the policy document. In addition information gleaned from staff surveys and exit interviews will be analysed as an indicator of the effectiveness of the policy. Feedback on the effectiveness of the process will be given to General Managers through the Operational Management Meetings. Annual reports to be presented to the Equality and Diversity Steering Group which reports on incidences and trends. KEY PERFORMANCE INDICATORS All complaints of bullying and or harassment will be recorded. All reported incidences (directly or indirectly) of bullying and or harassment will be investigated. The details and the outcome will be monitored and analysed by the Workforce Director, and an annual report produced. Throughout this process, appropriate confidentiality and sensitivity will be maintained. Staff members affected by incidences of bullying and or harassment will be fully supported by both their own management chain and the Human Resource Management process. 9. AUDIT The audit requirements of this policy are identified in the Trusts audit schedule. Page 10 of 10