HARASSMENT AND BULLYING - POLICY AND PROCEDURE: STAFF EMPLOYED IN SCHOOLS

Transcription

1 Children and Young People s Services HARASSMENT AND BULLYING - POLICY AND PROCEDURE: STAFF EMPLOYED IN SCHOOLS This procedure has been agreed by the following professional associations/ trade unions representing Teachers, Headteachers: and Support Staff: National Union of Teachers National Association of Schoolmasters Union of Women Teachers Association of Teachers and Lecturers National Association of Headteachers Association of School and College Leaders Unison January

2 HARASSMENT AND BULLYING - POLICY AND PROCEDURE 1. INTRODUCTION 1.1 The School in adopting the HR Handbook accepts the need to adopt a policy on Harassment and Bullying consistent with its policy on Equality & Diversity. 1.2 This agreed policy and procedure to be followed in such cases. 1.3 Harassment and Bullying are unacceptable forms of behaviour which will not be tolerated by the School or Shropshire County Council. All allegations will be treated seriously and with sensitivity for both the victim and the perpetrator. They will be investigated promptly and a speedy resolution sought. Appropriate action, which may include disciplinary action, will be taken where an allegation of Harassment and Bullying has been upheld. 1.4 This Harassment and Bullying Policy aims to explain behaviours which are unacceptable or inappropriate and also ensure that employees are aware that such behaviour could be associated with difference in treatment based on racism sexism ageism religion or beliefs disability sexual orientation Examples of offensive behaviour can be found in paragraph This policy follows the guidance of the Advisory, Conciliation and Arbitration Services (ACAS) on Harassment and Bullying at Work and guidance on statutory dismissal and grievance procedure. 1.6 Harassment and Bullying are serious issues; the application of this Policy is designed to effectively address issues internally. 2. AIMS AND OBJECTIVES 2.1 The aim of this policy is to prevent behaviour that could be construed as harassment or bullying in the workplace. Where this does occur, the implementation of this policy aims to ensure that appropriate, effective and timely action is taken to prevent any recurrence. 2.2 The specific objectives of this policy are to: ensure that all employees are aware of the types of behaviour which may constitute bullying or harassment. ensure that all employees understand that behaviour which could be considered to be bullying or harassing is unacceptable and that appropriate measures will be taken, this may include disciplinary action. promote a climate in which employees feel confident to make complaints of Harassment and Bullying without fear of victimisation. Complaints may also be raised through the Whistle blowing policy if a third party witnesses inappropriate behaviour. 2

3 make sure that all allegations of bullying or harassment are dealt with quickly and positively provide arrangements for complaints to be investigated in a way which recognises the sensitivity of the issues being raised. encourage professional behaviour and to enable employees to challenge and tackle Harassment and Bullying and to co-operate fully in any complaints procedure. 3. HARASSMENT : DEFINITION Harassment may take a number of forms as set out below. 3.2 What is Harassment and Bullying? The definitions of Harassment and Bullying used in this policy are those specified in the ACAS Guide on Harassment and Bullying at Work. Bullying can be 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. Harassment, in general terms is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex disability, religion, sexual orientation, nationality or any personal characteristic of the individual. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient Further information on examples of unacceptable behaviour which may result in this procedure being applied, are outlined in the table overleaf. It is not possible to define Offensive Behaviour as it is the effect the behaviour causes on the recipient that makes it Offensive. The following can only be used as a guide to assist Headteachers and staff to understand what may be offensive whether intentional or not. The ACAS code advises that we give examples of inappropriate behaviour, these have been gathered from cases which do not necessarily relate to Shropshire Schools but serve to illustrate the type of behaviour which is unacceptable. These examples are given so that employees can reflect on the kinds of behaviour which may lead to allegations under this policy, in order that they can adopt appropriate behaviour. 3

4 Sexual Harassment Non-verbal: Unwelcome sexual advances, requests for sexual favours, or other conduct of a sexual nature, which result in the individual feeling threatened or compromised. This is not restricted to attempts to initiate sexual relations, it is harassing conduct based on the inappropriate, unacceptable or unwanted nature of the conduct. (This includes behaviour towards transgender employees or those perceived to be). Verbal: Physical: Gestures of a sexual nature Staring/leering Getting unnecessarily close, especially when linked to other unacceptable behaviours Pin-ups Offensive publications Offensive letters/memos Unsolicited/unwanted gifts Suggestive explicit language Unwanted propositions Sexual/explicit jokes Personal questions/comments Innuendos, over familiarity Deliberate body contact Indecent body contact Groping/fondling Unnecessary touching Racial Harassment Non-verbal: Derogatory remarks, racially explicit statements, graffiti, jokes, or any other action of a racist nature which is directed at any individual or groups from a different ethnic background which results in the individual(s) feeling threatened or compromised. Verbal: Physical: Offensive gestures or facial expressions Offensive publications Racist graffiti Threatening behaviour Ignoring wishes/feelings Ostracisms/freezing out It is recognised that there is a need for heightened response/awareness at times of critical national/world events. Racial comments/abuse Racist jokes/ridicule Derogatory nicknames Verbal threats Use of inappropriate colonial terminology Making fun of the wearing of cultural dress eg Kilt. Jostling Assault 4

5 Disability Harassment Non-verbal: Derogatory remarks, mimicking, invasive personal questions, staring, ostracising or patronising which is directed at any individual with a disability, or groups of disabled people, which results in the individual(s) feeling threatened or compromised.. Verbal: Physical: Mimicking Ignoring wishes/feelings Ostracisms/freezing out Excessive staring Making fun of a disability Mimicking speech impairment Using inappropriate terms, eg cripple, spastic Questions/comments of a personal nature Belittling or patronising comments or nicknames Practical jokes Harassment on the basis of Religious Beliefs Non-verbal: Behaviour which fails to acknowledge and respect the rights or needs of people with different beliefs or practices. Verbal: Physical: Mimicking Drawing offensive symbols Making fun of the wearing of a turban or sari Criticism for taking religious holidays off Making derogatory comments about religious beliefs, books or requirements for space to pray Assault Removing religious objects Harassment on the basis of Age Non-verbal: Ridiculing or demeaning behaviour focused towards people because of their age. Verbal: Physical: Exclusion from social functions/information Mimicking Making fun of age Questioning ability due to age Assault Removing religious objects Harassment on the basis of Sexual Orientation Non-verbal: Behaviour which condemns or ridicules people because of their sexual orientation or perceived sexual orientation. Verbal: Physical: Offensive letters/memos Gestures Deliberately avoiding or excluding the person Verbal abuse or threats Making rude jokes or comments Personal questions Deliberate body contact Practical jokes 5

6 Bullying Non-verbal: More than a strong, firm or authoritarian management style; it is destructive rather than constructive, it is criticism of a person rather than their mistakes, it publicly humiliates rather than privately corrects and results in the individual feeling threatened or compromised. Bullying may be carried out by the manager, team member or other colleague and may result from a misuse of management power, or the misuse of any form of individual power, such as physical strength, personality or age, or collective power through strength of numbers. (See also paragraph 3.4 which explains the differences between management and bullying). Verbal: Physical: Ostracising/freezing out Withholding essential information, resources, training Setting impossible tasks Changing priorities or objectives unreasonably Unreasonable allocation of duties/work/responsibilit ies in relation to the person specification Deliberate wrongful attribution of blame Harassing, swearing, abuse Nicknames, malicious gossip Public reprimand/humiliation Belittling/patronising comments Persistent reminds of past failures Striking Grabbing person Pushing or jostling Singling someone out for practical jokes especially when.to other inappropriate behaviour Cyber-Bullying A phenomenon of the digital age which refers to the sending or posting of harmful or cruel text or images using the Internet or other digital communication devices. It can involve one person or a group of people and aims to threaten, tease or embarrass. Victimisation Where a person is treated less favourably than another because he/she has brought proceedings, given evidence or information, rejected advances or complained about the behaviour of someone who has been harassing, discriminating against, bullying or in some other way intimidating them. Singling Out Singling out people because of their gender, race, disability, religious belief, age or sexual orientation can also constitute harassment even without any specific references to gender, race, etc. Specific non-verbal and verbal examples can be seen below under Bullying. 6

7 3.3 Headteachers and Line Managers are required to manage staff to achieve targets, work to standards, manage change, service development and improvements. This may on occasions raise issues regarding style of management. The table below provides guidance on what differentiates management. 3.4 It is important to distinguish between the effective management of performance and bullying/harassment. Managers are entitled to manage fairly and effectively. Examples of legitimate management action are: Management Making an employee aware of poor performance and providing support in making the necessary improvement. Using supervision and appraisals to provide appropriate direction. Providing the appropriate balance of positive and negative feedback to ensure a high standard of work whilst maintaining employee morale and well-being. Fair use of the disciplinary and absence management procedures. Supporting, encouraging and challenging to achieve outcomes. Setting realistic deadlines related to the capabilities required by the person specification or the post. Progress chasing/monitoring of work Setting out standards and acceptable behaviour and work performance. Using a clear, firm and measured communication style. Harassment/Bullying Constantly point out an employee s mistakes without giving support to put them right. Blocking an employee s development by ignoring or refusing training requests for no justifiable reason. Inappropriate comments made in public about an individual s performance. Persistent haranguing of an employee in public or private. Scapegoating one person when there is a common problem. Making unreasonable threats about redundancy/continued employment. Deliberately withholding information or removing areas of responsibility without justification. Undermining an employee s self respect by condescending or threatening treatment that humiliates, intimidates or demeans 3.5 It is recognised that an occasional raised voice or argument in itself may not constitute bullying. 3.6 Actions taken with the genuine aim of helping employees to improve are to be encouraged. Actions which aim to damage or demean are not acceptable. 7

8 4. PROCEDURES FOR DEALING WITH HARASSMENT AND BULLYING Relationship with other procedures 4.1 Relationship to Grievance Policy A complaint of Harassment and Bullying is a grievance. However, it is recognised that the potential impact on the individual subject to their behaviour, requires additional support and sensitive handling. The procedure therefore provides additional safeguards and support and provides Stage 1 route to attempt to resolve the issue and to stop the unacceptable behaviour of the alleged harasser/bully in the first instance. If the complainant wishes to use the Grievance Procedure this will be available to them. 4.2 Relationship to Disciplinary Policy Words or acts which seriously breach the Schools Equal Opportunity policy, including any form of unlawful discrimination, victimisation, bullying or harassment are considered to be potentially gross misconduct. Where an employee s behaviour is considered to fall within that category it may be appropriate for the matter to be dealt with under the Disciplinary Procedure. Advice must be sought from the appropriate HR Officer whenever a complaint is raised. 4.3 Relationship to Adult Protection and Child Protection Procedures A complaint of Harassment of Bullying is also a form of abuse. In each case, consideration should be given to whether the alleged Harasser or Bully is working with vulnerable children or adults If they are, it will be the role of the Headteacher to identify whether a Child or Adult protection referral needs to be made. This should be done initially through a discussion with either the adult protection or Children Safeguards Manager. 4.4 Stage 1 Informal Procedure - Raising a Complaint Employees are encouraged to use the informal procedure where appropriate before proceeding to make a formal complaint. Where, however, employees feel unable to speak to the harasser they may choose to use the formal procedure. The employee may have a friend, colleague or a trade union representative present at all stages of the procedure The first point of access for an employee who is considering making a complaint under the policy will be to contact their Headteacher (or where this is inappropriate because the complaint is against him/her): the Chair of Governors; In either case they are advised to contact their trade union representative It should be noted that where the employee seeks the advice of one of these people, the matter remains at the informal stage. The discussion should be confidential and no further action taken without the consent of the employee concerned. 8

9 4.4.4 Where such advice is requested a meeting will be granted within five working days of the request being made unless this is impossible due to sickness or other unavoidable absence. This timescale can be varied by agreement between the parties. In the meeting the Headteacher should: listen to what the employee has to say assist the employee, where necessary, in completing a Written Record of Bullying and/or Harassment (See Appendix 1), which will help to clarify what happened and when. (This form will be kept by the complainant for use should formal action be required). outline the options under this policy offer support in taking action at this stage Seek to clarify with the employee the grounds on which they feel they have been harassed or bullied The meeting with the Headteacher complies with the Statutory Grievance Procedure which requires a meeting with the employee for them to raise their concerns The Headteacher should seek advice from a HR Officer before giving advice and inform the employee about the options they can take which are: (a) to proceed with Stage 1 of this procedure. (b) to use the Grievance Procedure if the employee wishes to use it or if this is perceived to be a more effective way of dealing with the issue i.e. the complaint does not transpire to be an allegation of bullying or harassment. (c) in certain circumstances to proceed immediately to the formal section of the Harassment and Bullying Procedure, e.g. where other informal methods have already been tried, or the matter is so serious it requires investigation Once such an approach has been made, the person approached will seek to resolve the problem. With the consent of both parties involved there may be subsequent consultation with other persons whom it is considered may be able to assist in resolving the difficulty informally If it is appropriate to continue with Stage 1 of this policy, the headteacher will advise the complainant of the options available. Option A - Option B - Option C - Option D - to speak directly to the alleged harasser/bully (either on their own or in the company of the headteacher or Trade Union representative, or colleague). and make it clear to that the behaviour is unacceptable, against the school policy and must stop. ask the headteacher (or Chair of Governors if it is the headteacher who is the alleged harasser/bully) who will speak to the alleged harasser/bully advising them of the allegations. ask their Trade Union representative or colleague to speak to the alleged harasser/bully. take no action but keep a written record of events for future use. The copy should be placed on the personal record of the employee raising the complaint in a sealed envelope. 9

10 4.5 Informally Raising the Issue with the Alleged Harasser/Bully The discussion with the alleged harasser/bully should include, as appropriate a description of the behaviour that causes the concern a description of how the behaviour makes the complainant feel that the complainant wants the behaviour to stop how the complainant wishes to be treated in future that the complainant has the right to take the matter to Stage 2 of the policy if the behaviour does not stop an indication of the grounds on which the person feels discriminated against because they have been treated differently their response and any explanation The outcome of options A, B and C of Stage 1 are that a verbal agreement is reached between the complainant and the alleged harasser/bully on the standards of behaviour to be upheld in future. 4.6 Recording the Outcome The Headteacher will ensure the Stage 1 Monitoring Form (Appendix 2) is completed and will be put in the personal file of the employee raising the complaint and will be retained for 3 years. This information will be used for monitoring and reviewing complaints of Harassment and Bullying and how they have been resolved and may be referred to in future investigations, if appropriate to do so Where the complainant or someone on their behalf has approached the alleged harasser/bully and the unacceptable behaviour stops then there is no need to take further action. However, the complainant should keep any notes they have made about incidents in case the behaviour recurs Where the complainant or someone on their behalf has approached the alleged harasser/bully and the unacceptable behaviour continues then the employee should raise this with their Headteacher to consider further action. Options will include: To take action under Stage 2 of this policy To seek further resolution under the information stage The parties should attempt to resolve their issues within 1 month of the meeting between the Headteacher and the Complainant Where the problems are long standing, and several meetings are required, the process may take longer. However, it is important that the complainant feels that progress towards a resolution is being achieved. Where the issue has not been resolved within 2 months of the issue first being raised with the Headteacher, then the matter may be referred to the formal procedure. 4.7 Stage 2 -Formal Procedures Where the matter has not been resolved under the procedures above, or where the issue is so serious that an informal approach is not appropriate, the employee should submit a formal, written notice of their complaint to the Head. A copy should be sent to the person against whom the complaint is made. An employee in this position is advised to seek the advice of his/her recognised trade union or professional association prior to such a submission. They must state in the written notice: 10

11 that they wish to make a complaint under the Harassment and Bullying Policy details of any action/progress under Stage 1 of this procedure if appropriate the name(s) of the alleged bully/harasser specific allegation(s) they are raising, including dates and times where possible the names of any witnesses the name of the Trade Union representative, friend or work colleague who will accompany them at an investigation meeting the grounds on which they feel they are being discriminated against, harassed or bullied Where the employee's complaint is with the headteacher and has not been resolved by informal action, they may request a formal investigation of the matter by the Chair of Governors. The request must be in writing and must specify precisely the matters complained of. A copy of the request must be given to the Headteacher. The Chair of Governors will appoint an appropriate person to conduct the investigation. 4.8 Procedure (Where the complaint is to be dealt with by the Headteacher) The Head who receives such a notice will thereupon commission an investigation into the allegation and may appoint an investigating officer of their choice. On commissioning the investigation the Head will acknowledge the complaint and provide the complainant with information on who will be conducting the investigation within 5 working days. The person against whom the complaint is made should also be given this information within 10 working days. The nature of the investigation will be such that the complainant and the person(s) against whom the complaint is made will be interviewed separately with strict confidentiality maintained by all parties, including any witnesses, and detailed records will be kept. Each party should have the right to be accompanied by a friend or representative from a recognised trade union or professional association at all stages. The report of the investigation, a copy of which should be given to both the complainant and the person(s) against whom the complaint is made, should normally be made available within 20 working days of the complaint being made The headteacher will also decide, in consultation with Human Resources, whether, in the circumstances, the alleged harasser/bully should be suspended or transferred during the investigation. A suspension is not a disciplinary sanction and is without prejudice. It must take place if a preliminary investigation has determined the complaint amounts to gross misconduct, or there is a possibility that the conduction of a full investigation may be impeded or it is not in the interests of the school for the employee to remain at work during the investigation. Where suspension is decided upon consideration should be given as to whether the issues should be investigated under the Disciplinary Procedure. A transfer of the alleged harasser/bully may be appropriate if the matter is less serious ie not potentially gross misconduct but the continued presence of the alleged bully/harasser would impact on the performance of either the complainant or team and it would be helpful in the circumstances The headteacher considering the circumstances and in consultation with Human Resources may wish to offer the complainant a temporary voluntary 11

12 transfer or the complainant may make a request for a transfer. Any discussion with the complainant about a proposal for transfer must be handled sensitively. There should be no automatic transfer of the complainant without their written consent. The purpose of a transfer would be to provide support and reduce contact between the complainant and alleged harasser, not as a threat or sanction Upon the completion of the investigation and on the basis of the report received it will be for the Head to decide whether: a) the complaint is found to be justified; b) if it is not justified whether action needs to be taken against the complainant on the basis of it being a malicious complaint; c) if it is justified whether disciplinary action needs to be taken; d) if disciplinary action is not justified, the appropriate action short of disciplinary action. This could include:- an instruction to the harasser to apologise to the complainant; a requirement for the harasser to receive appropriate guidance and training; appropriate changes in working arrangements which must not be to the disadvantage of the complainant. The Head will discuss the findings and proposed course of action with the complainant before coming to a final decision. The final decision will be confirmed in writing to both parties. Where the complainant or the person against whom the allegations have been made are not satisfied with the outcome of the investigation and/or the proposed action to be taken by the Head there should then be recourse to the appeal procedure described below The appeal will be on the basis that the - process of the investigation was procedurally flawed and therefore unfair and/or the conclusion and recommendations are unreasonable in the circumstance because they cannot be supported by the findings of the investigation The appeal should be made in writing to the Clerk to the Governing body within 10 working days of receipt of the letter confirming the decision. The Clerk will then make arrangements for the appropriate committee to be convened The Headteacher will submit a formal written report to the appropriate appeals committee of the governing body, normally within 15 working days of receiving the appeal notice. Exceptionally, if it is not possible to reply fairly within this period the head will inform the complainant (and any trade union representatives involved) of the timescale involved which must aim to deal with the matter as speedily as possible. 12

13 Where a formal report is made to the appropriate committee of the governing body the committee will seek to settle the problem. All relevant documents will be submitted to the committee by the parties concerned which will allow those parties, if they so wish, to make submissions in person. The employee who has raised the complaint may be accompanied and/or represented by a friend or representative from a recognised trade union or professional association. This meeting will take place within ten working days of the formal report being sent to the committee of the governing body, unless this is impossible due to sickness or other unavoidable reason. Refusal of any party to attend will not invalidate the proceedings The following procedure will apply at the hearing: (i) (ii) (iii) (iv) (v) (vi) (vii) Opportunity will be given for each side to present a case, with the aggrieved party speaking first. Witnesses will not normally be called at the meeting. The panel will have opportunity to question each side. Opportunity will be given for cross examination by the parties. At the completion of questioning, each side will summarise its position, with the aggrieved party speaking first. Opportunity will be given for adjournment at any stage of the hearing. Either side can request such an adjournment. A note will be made of the hearing under arrangements agreed by the Governing Body. The decision of the panel will be communicated in writing within five working days together with a note of the hearing. Where possible, an oral decision will be given at the hearing, following an adjournment Where an employee chooses to be accompanied or otherwise assisted by a representative from a recognised trade union, the Head or the clerk to the governing body as the case may be, will seek to arrange hearings, etc. in consultation with the trade union The governing body's appeal committee will have regard to any guidance issued from time to time by the local education authority on conducting an appeal hearing The appeal committee may dismiss the appeal, uphold the appeal or modify the action which the committee proposed to take to resolve the grievance The governing body may announce its decision to the employee in person or subsequently in writing as it may determine. Any oral announcement shall be confirmed in writing by the clerk to the governing body within ten working days of the hearing. The decision of the appeal committee of the governing body is final. 4.9 Procedure Where the Complaint is Against the Headteacher Within five working days of the receipt of a formal request, the Chair of Governors should initiate an investigation by appointing an appropriate person to interview the parties and produce a report on the matter. It may be 13

14 appropriate, following discussion with an LA representative to involve Officers or Advisers of the LA or of other County Council directorates On commissioning the investigation the Chair will acknowledge the complaint and provide the complainant with information on who will be conducting the investigation within 5 working days. The Headteacher should also be given this information within 10 working days. The nature of the investigation will be such that the complainant and the Headteacher will be interviewed separately with strict confidentiality maintained by all parties, including any witnesses, and detailed records will be kept. Each party should have the right to be accompanied by a friend or representative from a recognised trade union or professional association at all stages. The report of the investigation, a copy of which should be given to both the complainant and the Headteacher, should normally be made available within 20 working days of the complaint being made The Chair will also decide, in consultation with Human Resources, whether, in the circumstances and following consideration of all alternative options, the Headteacher should be suspended. A suspension is not a disciplinary sanction and is without prejudice. It must take place if a preliminary investigation has determined the complaint amounts to gross misconduct, or there is a possibility that the conduction of a full investigation may be impeded or it is not in the interests of the school for the Headteacher to remain at work during the investigation. Where suspension is decided upon consideration should be given as to whether the issues should be investigated under the Disciplinary Procedure Upon the completion of the investigation and on the basis of the report received it will be for the Chair of Governors to decide whether: a) the complaint is found to be justified; b) if it is not justified whether action needs to be taken against the complainant on the basis of it being a malicious complaint; c) if it is justified whether disciplinary action needs to be taken; d) if disciplinary action is not justified, the appropriate action short of disciplinary action. This could include:- an instruction to the harasser to apologise to the complainant; a requirement for the harasser to receive appropriate guidance and training; appropriate changes in working arrangements which must not be to the disadvantage of the complainant The Chair will discuss the findings and proposed course of action with the complainant before coming to a final decision. The final decision will be confirmed in writing to both parties. Where the complainant or the Headteacher have been made are not satisfied with the outcome of the investigation and/or the proposed action to be taken by the Chair there should then similar rights of appeal as set out at to above shall thereafter be allowed 14

15 APPENDIX 1 WRITTEN RECORD OF BULLYING AND/OR HARASSMENT FORM (Use a separate form to record each incident of bullying/harassment) 1. Name of person causing offence: 2. Date of incident: 3. Time of incident: 4. Place: 5. Please give an outline of what took place: 6. Names of other staff who witnessed the offending behaviour: (DO NOT GIVE THESE NAMES TO THE PERSON ALLEGED TO BE CAUSING THE OFFENCE) 7. If you choose not to discuss this incident with the person causing offence, please record below your reasons for not doing so. (This will be helpful if the bullying/harassment continues and further action is needed). SIGNED: DATE: Please note that every effort will be made to maintain confidentiality, however, if a Data Protection Act request is made this may not be possible. 15

16 Appendix 2 Stage 1 Monitoring Form MONITORING FORM STAGE 1 (To be completed by the Headteacher) Nature of alleged incident(s) of harassment: Type Verbal / Non Verbal Physical Reason: Sexual Racial Disability Sexuality Age Bullying Other (please specify) When did the meeting with the complainant take place: If it was appropriate to proceed with Stage 1 of the policy, which option was chosen? Option A Option B Option C Option D Has the matter been subsequently referred to Stage 2 of the Policy? YES/NO SIGNED: DATE: 16