Country Standard Operating Procedure Harassment & Bullying

Transcription

1 Country Standard Operating Procedure Harassment & Bullying Document Details Document Reference SMS-CSOP-P2-13 Version 1.4 Issue Date October 2017 Review Date October 2019 Document Approver Document Author/Owner Applicability Group HR Director Employee Relations Centre of Expertise All employees of Serco Group plc and its subsidiaries in the UK (Great Britain & Northern Ireland), covering all business divisions, operating companies and business units This document is uncontrolled when printed Document Name: 1.4 Document Author: ER CoE Page 1 of 11

2 Version history Version Date Reason for release/version update Issued by 1.1 Reviewed and updated information 1.2 Nov 2012 Reviewed and updated information ER CoE 1.3 Jun 2015 Reviewed and updated information ER CoE 1.4 Jul 2017 Reviewed and updated information ER CoE Document approval Job Role Name Date approved Group HRD Anthony Kirby October 2017 Document Author: ER CoE Page 2 of 11

3 Contents 1 Introduction What is Harrassment and Bullying? Harassment Bullying What bullyng is not Dealing with Complaints Mediation Preventing Unacceptable Behaviour Support & Feedback References Document Author: ER CoE Page 3 of 11

4 1 Introduction Serco encourages a workplace culture based on our Values and Code of Conduct to prevent harassment and bullying. Harassment and bullying is wrong on moral grounds but it can also cause considerable distress to an individual. This can undermine productivity, impact health and safety, cause absence-related issues, reduce employee engagement and increase employee turnover. Harassment and bullying or other forms of offensive conduct and inappropriate behaviour, on any grounds is unacceptable and will not be tolerated at any level in the organisation. All such incidents will be taken seriously and positive action will be taken to provide a working environment free from such behaviours by monitoring the behaviour of staff and by providing support to members of staff who may suffer from harassment or bullying. This procedure includes the process available to support employees who encounter harassment or bullying in the workplace and is designed to resolve complaints. It is in everyone s interests for the environment in which we work to be harmonious, respectful and supportive of employee wellbeing. Although we would like to think that this is always the case, this procedure recognises that inappropriate behaviour, which may include harassment or bullying, can and does take place. We aim to ensure that if harassment or bullying does occur in the workplace it is dealt with in a serious, sensitive and confidential manner so that the matter can be resolved as quickly as possible for all concerned. Serco is committed to tackling incidents of inappropriate behaviour fairly, swiftly and decisively. A strong stand is needed on this issue to enable people of all backgrounds to have dignity at work, and enable them to progress in the organisation and fully contribute to Serco s success. This procedure applies to all of our people within the Serco Group; employees, directors and third party contractors. It also applies to people working with us through an agency or on a consultancy basis who may be covered under their contract with Serco. The procedure covers all aspects of employment (permanent or temporary) in particular; recruitment and selection, promotion, performance management, development, reward and recognition, work allocation and termination of employment. It applies to the workplace and to events sponsored or organised by, or on behalf of Serco. This procedure also applies to our dealings with clients, visitors, suppliers and other third parties with whom we have contact in any environment in which we operate, (e.g. Serco offices, on client premise, on public transport, away from base etc.), and where appropriate the key points of this procedure will be communicated to clients, suppliers, contractors, service users, visitors and other members of the public. 2 What is Harassment and Bullying? 2.1 Harassment Harassment as defined in the Equality Act 2010 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. It is unlawful if it is related to the protected characteristics (as listed in the Equality Act 2010) of sex, Document Author: ER CoE Page 4 of 11

5 gender (including gender reassignment), race, disability, sexual orientation, marital status, civil partnership status, religion or belief, part time and/or full time worker status, colour, nationality ethic origin, lifestyle choices e.g. transvestism, or age. Harassment does not apply to pregnancy, maternity and paternity but any unfavourable treatment may be considered discrimination and is equally unacceptable. Other characteristics not specifically covered under the Equality Act, such as size, stature, shape, accent etc. will also be considered. Harassment may make you feel upset, embarrassed, threatened, belittled or offended. Employees can complain of behaviour that they find offensive even if it is not directed at them. In addition, the complainant need not possess the relevant characteristic themselves and it can be because of their association with a person who has a protected characteristic, or because they are wrongly perceived to have one, or are treated as if they do. An individual remains personally liable under the legislation, and a number of remedies are available to a complainant. Awards of compensation can be made against both the harasser and his/her employer. Awards for injury to the complainant s feelings in harassment cases and any financial loss arising from the harassment can be significant. Compensation for personal injury caused by the harassment is also recoverable under the discrimination legislation. An injunction may be granted to ensure the restraint of the harasser from pursuing any conduct which amounts to harassment, which if breached could result in imprisonment, a fine or both. Harassment may take a wide range of forms. The following list (which is not exhaustive) gives some examples: Physical: Any unwanted, unnecessary touching, patting, pinching / body contact (including at work social functions); Threat of, or actual assault / violence; Potentially offensive behaviour or gestures; Sexual advances and requests for sexual activity; and Stalking. Verbal: Potentially offensive jokes or remarks; Abusive, threatening or insulting words or behaviour; Ridicule, innuendo or mockery; Lewd comments about appearance or physique; Name calling; and Swearing. Non-Verbal: Discriminatory or offensive s, text messages etc; Unfair work allocation; Isolation, ignoring, deliberate exclusion; and Creation, circulation or publishing of visual displays of posters / banners / other written or pictorial materials of a sexual or racial context; Document Author: ER CoE Page 5 of 11

6 Different things affect us all in different ways, and therefore what one individual might think of as harmless could be felt to be harassment by another. It is important to remember that harassment is defined in part by the way that someone feels about your behaviour, and not by your intentions. For example, you tell a joke that you think is funny. Although it was just a bit of fun and you did not intend to upset anyone, one of your colleagues finds it offensive. This individual may have a valid claim that they had been harassed. For most people, the 'unwanted' aspect of actions, perceived as harassment, is a key distinction. Friendly, welcome and mutual actions are fine, but extreme care should be taken to distinguish between unwanted and accepted actions when interacting with others. If sufficiently serious, one action alone can be termed as harassment however it is normally only termed harassment when it persists after the individual has asked the action to stop. As far as Serco is concerned any action that could be construed as harassment should not occur and individuals do not need to make it clear that certain actions are unacceptable to them in advance. For example, it is certainly not necessary to let someone know that you do not wish to be touched in a sexual way in advance. It is important to remember that harassment: Depends in part on the view of the individual on the receiving end of your behaviour Does not depend on the severity of the behaviour: a joke or a throw-away comment could be perceived as harassment by anyone who hears it Can include behaviour that you hear or see, even if it had nothing to do with you. 2.2 Bullying ACAS characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. The impact on the individual can be the same as harassment and the words bullying and harassment are often used interchangeably in the workplace. Bullying can be subtle in nature and is intended to hurt. It can take place in public or in private, at work or socially, with your work colleagues. Bullying does not just occur face to face. It may also occur via written communication, , the internet, by phone, text, or visual images. This list is not exhaustive but examples of bullying may include: Repeated shouting or swearing at an individual Persistent, excessive, unfair or unjustified criticism Public humiliation and/or insults Persistent undervaluing of a person s effort Constant ignoring of opinions Document Author: ER CoE Page 6 of 11

7 Exclusion or victimisation Withholding information that would be beneficial to an individual, without justification Unjustified excessive monitoring and/or supervision Setting someone up to fail. For example the setting of a target/objective that simply cannot be achieved Constant changing of targets for no justifiable reason Unreasonably blocking requests for leave Aggressive communications Intimidating, aggressive or threatening behaviour Physical or sexual abuse The use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature 2.3 What Bullying is not The following do not constitute bullying: Fair and constructive criticism of an employee s performance, conduct or attendance; Reasonable and essential discipline arising from good management of the performance of an employee at work; Actions taken which can be justified as regards the health and welfare of the employees; Legitimate management responses to crisis situations which require immediate action; Complaints relating to instructions issued by a manager, assignment of duties, terms and conditions of employment or other matters which are appropriate for referral under the normal grievance procedure 3 Dealing with Complaints We will deal with all complaints (including those relating to the behaviour of contractors or third parties) promptly, sensitively and in confidence. We will not tolerate intimidation, victimisation or discrimination against any person who makes a complaint of harassment or bullying or who assists in an investigation of alleged harassment. Retaliation against anyone who raises a concern about harassment or bullying will be fully investigated and may lead to disciplinary action. Similarly, an action to incite, encourage or condone discriminatory behaviour will be subject to investigation. Most people who complain that they are being bullied or harassed against simply want the behaviour to stop. Where appropriate, they can be encouraged to take charge of the situation themselves by informing the perpetrator that his / her behaviour is unacceptable and that it must stop. If you feel that you are unable to deal with a particular situation without support, you should ask your Manager to gain the support you need to explain to the person causing offence that their Document Author: ER CoE Page 7 of 11

8 behaviour is unwelcome and must stop. If this initial approach fails to resolve the problem and the behaviour continues, or you believe that the incident is of a sufficiently serious nature, then you should make a written formal complaint to your Manager. If the problem is with your own Manager, you should write to your Manager s Manager. The complaint will be assessed by the appropriate person(s) in line with the company CSOP Grievance and may lead to an investigation. We will provide support to those affected by inappropriate behaviour and, where necessary, following investigation, take appropriate disciplinary action against any person in breach of this procedure. If proven, serious cases may be deemed to be gross misconduct and could result in summary dismissal. It should be noted that malicious and unfounded allegations of harassment may also be subject to disciplinary proceedings (up to and including summary dismissal) against the complainant. Employees may approach MyHR People Services for initial guidance on how to proceed or at any stage of the process. Wherever possible, complaints should be raised through the local management chain (as described above) but issues can also be raised using the Speak Up process (see our Employee Code of Conduct, the Speaking Up Group Standard Ref: SMS-GS-BC3 or Speaking Up Issues Handling Group Standard Operating Procedure within the Serco Management System). The Employee Assistance Programme (EAP) can also be contacted by any employee for free initial guidance or to discuss an employee s concerns. Contact details can be found at section 6. 4 Mediation In some cases, MyHR may recommend the use of mediation. The objective of mediation is to resolve the matter speedily and confidentially without recourse to a formal investigation and with the minimum of conflict and stress for the individuals involved. A mediated agreement seeks to reach an accommodation between the parties and thereby restores harmonious working relations. A mediated solution will not result in the issues being dealt with under the disciplinary procedure. Mediation requires the voluntary participation and co-operation of both parties in order to work effectively. Both parties may be requested to consider the use of mediation. If used, an appropriate person who is experienced or well versed in mediation will meet with each of the parties separately to explain the mediation process and its benefits. This person may be from management or an external mediator. An assigned mediator will meet with both parties, usually separately to begin with, to discuss the alleged offending behaviour. The mediator will then bring both parties together to reach a common understanding and agreement on acceptable future behaviour. Document Author: ER CoE Page 8 of 11

9 If the mediation process does not produce a satisfactory outcome, the complainant may seek to have the matter resolved through formal investigation. Any new information that emerges during the course of the mediation process remains strictly confidential and cannot be disclosed as part of the formal investigation. Note: Mediation may be attempted at any/all points in the procedure to try to resolve the matter. Mediation may be attempted again during the formal investigation or following the outcome of the investigation. 5 Preventing Unacceptable Behaviour We all have a responsibility to discourage bullying, harassment or any inappropriate behaviour in the workplace and prevent it from taking place by: Treating people with dignity and respect and encouraging others to do the same; Ensuring our own behaviour does not cause offence or misunderstanding and considering the impact of our behaviours on others; Being aware of the problems which bullying and harassment can cause, and ensuring that our behaviour does not cause others to feel bullied or harassed against; Checking our understanding of harassment, bullying and inappropriate behaviour, challenging our attitudes, beliefs and stereotypes; Making our colleagues aware that certain conduct or behaviour is causing concern or offence to others; Raising any concerns about bullying or harassment (whether or not it impacts you directly) through local management or via Speak Up - Don t walk by. Managers have a particular responsibility to prevent bullying and harassment taking place by: Promoting awareness of our procedure and support, empowering others to raise concerns; Being alert to the possibility that it may be happening in their area; Using their judgement to correct behaviour that could be considered as offensive, and reminding employees of our procedure on this matter; Taking prompt action to stop the behaviour as soon as it is identified; Dealing with all incidents quickly, seriously, sensitively, and in confidence taking guidance from case advisers at MyHR where appropriate; Ensuring that any staff who raise complaints are not victimised as a result of making the complaint; Ensuring that suppliers and other relevant third parties are aware of our standards and behave appropriately towards Serco staff. MyHR will support the resolution of concerns about bullying and harassment by: Providing prompt advice to employees and line managers in line with this CSOP, the Code of Conduct and our Values. Document Author: ER CoE Page 9 of 11

10 6 Support & Feedback Where to go for help/support with implementing this operating procedure. MyHR - You can speak to a HR professional who can give you advice and guidance on people issues. Contact the team below. myhr@serco.com Telephone: Serco have also teamed up with Worklife Solutions, as part of our Employee Assistance Programme (provided by Health Assured Ltd), who can also give advice and support to employees. They can be contacted direct on Worklife Solutions includes an Employee Assistance Programme (EAP). The EAP, provided by Health Assured Ltd, is a positive, preventative programme. It includes information, advice, training and services to help you deal with events and issues in your everyday work and personal life. This service is totally separate from Serco and therefore is strictly confidential. Access via or Access code: worklife Password: worklife 7 References The following documents should be referred to when implementing this operating procedure: Reference SMS-PS-P SMS-GS-P1 SMS-GS-P2 SMS-GS-BC3 SMS-GSOP-BC3-1 SMS Code of Conduct SMS-CSOP-P2-8 SMS-CSOP-P2-9 All Title People Policy Employee Lifecycle Group Standard Employee Wellbeing Group Standard Speaking up Group Standard Speak Up Issues Handling Group Standard Operating procedure Employee Code of Conduct UK Disciplinary Procedure UK Grievance Procedure Equality Act 2010 Document Author: ER CoE Page 10 of 11

11 Section 3 Protection from Harassment Act 1997 Document Author: ER CoE Page 11 of 11