BULLYING AND HARASSMENT IN THE WORKPLACE (Policy, Procedure and Guidelines) C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 1 -
CONTENTS SECTION A THE POLICY... 3 SECTION B THE PROCEDURE... 9 SECTION C GUIDANCE NOTES FOR STAFF... 14 SECTION D GUIDANCE NOTES FOR MANAGERS... 17 SECTION E HARASSMENT ADVISORS... 26 C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 2 -
SECTION A THE POLICY 1. INTRODUCTION As an equal opportunities employer, the MMU is committed to creating a diverse workforce in a working environment in which all individuals show, and are shown, respect and consideration for one another. The purpose of this policy is to support the development of a working environment and culture in which bullying and harassment is known to be unacceptable, and where individuals have the confidence to report bullying and harassment without fear of ridicule or reprisals. 2. AIMS AND SCOPE OF THE POLICY The aim of this policy is to ensure as far as possible that bullying and harassment does not occur in the workplace, and if it has happened to ensure that procedures are available to deal with it within specified timescales and prevent its recurrence. It is expected that where an allegation of bullying or harassment is raised, all parties will seek to achieve an effective and prompt resolution of the matter. To support this, the University has developed guidance notes. It should be noted that bullying and harassment by contractors against staff, students and visitors is also unacceptable and could result in the termination of University contracts. This policy applies, amongst other things, to: Harassment based on age Bullying Harassment based on disability Racial harassment Harassment based on religious or political conviction Sexual harassment Harassment based on sexuality or gender orientation 3. DEFINITIONS OF BULLYING AND HARASSMENT The Race Relations Act Amendment Regulations 2003 and the Employment Equalities Regulations 2003 provide definitions of harassment and make it unlawful on the grounds of race or ethnic or national origin and sexual orientation and religion or belief. A generic definition, based on this legislation, is as follows: Any unwanted behaviour that is shown towards an individual that has the impact of making that individual feel Their dignity has been violated It has created an intimidating, hostile, degrading, humiliating or offensive environment There is no legal definition of bullying but it is widely accepted as a form of harassment but without the specific grounds of belonging to a particular group. Bullying and harassment should not be confused with legitimate, constructive and fair criticism of an employee s performance or behaviour at work. Appendix One to this policy contains more detailed definitions and examples of bullying and harassment. However, the examples in Appendix One should not be seen as an exhaustive indication of the scope of this policy. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 3 -
4. OBJECTIVES OF THE POLICY To ensure that all staff understand their responsibilities to avoid conduct and behaviour that constitutes bullying or harassment of other staff or students. To ensure that managers and supervisors understand their responsibilities to take measures to prevent bullying and harassment from staff or others taking place and to take steps to deal with alleged bullying and harassment, including, where necessary, swift and effective disciplinary action. To provide staff with both advice on how to deal with bullying and harassment and a procedure by which they can seek a resolution. To ensure that all parties are treated fairly and equitably and, whenever possible, to seek a constructive resolution mutually acceptable to both parties. 5. RESPONSIBILITIES OF STAFF AND MANAGERS All staff of the University are responsible for helping to ensure that individuals do not suffer any form of bullying or harassment. It is important for every person working for the University to show respect for others, to take responsibility for their own actions, to seek constantly to meet the aims of this policy, and to be receptive to suggestions that they might not be meeting those aims. Managers and Supervisors have a responsibility for ensuring implementation of the University s Bullying and Harassment Policy. This includes: showing respect for others, setting an example in terms of behaviour, communicating the policy to employees, challenging inappropriate behaviour and investigating any complaint of bullying or harassment made against a member of their staff and taking the appropriate action. If a Manager/Supervisor becomes aware of bullying or harassment, s/he should take corrective action promptly as outlined in the Guidance Notes for Managers. Any individual member of staff may be personally liable for payment of damages if a claim against them of discriminatory harassment in the workplace is substantiated in the courts. 6. HARASSMENT ADVISORS The University will seek to maintain a group of volunteer employees who will provide confidential advice and who will be available to provide assistance in the resolution of issues related to harassment and bullying. These Advisors will receive appropriate training to equip them to deal with this responsibility. 7. PROCEDURE The University has established a procedure for those who feel subjected to bullying or harassment (see Section B). If a member of staff believes that s/he is being subjected to bullying or harassment there are several courses of action available to the individual. Normally this will include at least one of the following but in no particular order: Speaking or writing to the alleged harasser making it clear that his/her behaviour is unacceptable and must stop Discussing the matter with one of the University s designated Advisors or a trade union representative C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 4 -
Approaching an appropriate manager or Personnel Officer to explore the range of options available However, if informal action fails to resolve the matter, or if there is a recurrence, or if the alleged offence is serious, a formal complaint under the University s Bullying and Harassment Procedure may need to be invoked (see Section B Procedure). 8. PROTECTION FROM VICTIMISATION Victimisation is where an employee or group of employees is singled out for using any complaints procedure or exercising their legal rights, e.g. by bringing a complaint of harassment or bullying or giving evidence or information on behalf of another employee who has brought such proceedings. Any incident of victimisation will be regarded as a disciplinary issue. 9. IMPLEMENTATION OF THE POLICY In order to ensure that the policy is adhered to, the University undertakes to: Publicise the Policy throughout the University Provide specialist training for Advisors, Managers/Supervisors to raise their awareness and to deal with harassment issues, particularly the role they may undertake in the complaints procedure Address bullying and harassment issues in relevant staff training programmes Provide access for Complainants to advice and support through a network of Advisors Treat any complaint of harassment promptly, sensitively and thoroughly Protect confidentiality as far as possible Monitor the implementation of the policy and review it on an ongoing basis to ensure that it continues to be effective. Nothing in this policy will prevent members of staff from invoking the Grievance Procedure, where they believe the bullying and harassment procedure has not been properly followed. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 5 -
APPENDIX ONE DEFINITIONS AND EXAMPLES SEXUAL HARASSMENT Sexual harassment may be defined as unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work. This includes unwanted verbal or physical advances, sexually explicit statements that have the effect of creating an intimidating environment. Sexual Harassment can occur between peers, from manager to staff member or vice versa. The harasser may be in a position of authority and, as such, able to affect another person s job, career or grade. It is most typically women who are harassed by men, but harassment between members of the same sex or of men by women does occur. It can include: Lewd/ unwelcome comments about physical appearance Persistent verbal or physical advances of a sexual nature The transmission of offensive materials or statements via electronic means or through the post Offensive comments about personal characteristics or lifestyle Photographs or drawings that are sexually explicit in nature, which may be deemed offensive Offensive graffiti Obscene language Unwanted physical contact Offensive jokes or pranks of a sexual nature Sexual assault Abuse of power by those in a position of authority Furthermore, harassment of persons on grounds of their actual or perceived sexual orientation will constitute harassment. The defining feature is that the behaviour is unwanted by the recipient. SEXUAL ORIENTATION Harassment on the grounds of sexual orientation involves homophobic harassment of gay men and lesbians. Homophobic harassment is any behaviour, deliberate or otherwise, pertaining to sexual orientation, which is directed at an individual or group and which is found to be offensive or objectionable to recipients and which creates an intimidating, hostile or offensive environment. Examples of such behaviour include the following: Homophobic remarks, jokes, innuendo, or gossip Threats of disclosing sexuality of the individual Expressing or acting upon stereotypical assumptions Display of or transmission (including by electronic means) of offensive materials The asking of intimate questions about personal sexual life Excluding people because they are bisexual, lesbian or gay Offensive actions and physical attack RACIAL HARASSMENT Racial harassment is defined as conduct that is intended to cause, or has the effect of causing, physical or emotional harm or mental distress to a person for reasons of racial, ethnic or national origins or for reasons of colour. Examples might be: Insensitive jokes, banter, pranks or taunts of a racial or ethnic nature Racist graffiti Racially abusive language Offensive photographs or drawings or racist propaganda Exclusion, for example from conversations, team meetings, briefings, social activities, etc C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 6 -
Offensive comments or intrusive questioning about physical racial characteristics or lifestyle The transmission of racially offensive material or statements via electronic means or through the post Unfair allocation of work and responsibilities Harassment of a person on the grounds of their association with a person(s) who belongs to a racial or minority ethnic group will also constitute racial harassment. The defining features are that the behaviour is offensive and intimidating to the recipient and would be regarded as racial harassment by any reasonable person. HARASSMENT ON THE GROUNDS OF DISABILITY Harassment of people with a physical, sensory or mental disability involves conscious or unconscious conduct towards people with disabilities, which undermines their dignity, self-confidence, career or learning opportunities. It may involve: o Undue pressure or intimidation o Impractical or unfair work expectations o Intrusive or unwelcome discussion of the effects of disability on the individual s personal life o Offensive language o Jokes or name calling o Exclusion from meetings or other events o Uninvited, patronising or unnecessary assistance o General ridicule or derogatory comments BULLYING Bullying is defined as a persistent, threatening, abusive, malicious, intimidating, belittling or insulting behaviour, directed against an individual or series of individuals, or a group of people. It is offensive and it undermines the confidence and self esteem of the recipient. Bullying is identified not only by what has actually been done but also by the effect that it has on the recipient. The behaviour makes the recipient feel threatened, humiliated or vulnerable and may cause them to be de-motivated, suffer stress related illness or even resign from work. Particularly, cases can arise when the bully is perceived to be in a position of power in relation to the person being bullied. It should be noted that the person in the position of authority could also suffer bullying. Some examples of bullying behaviour are: Verbal, written or physical threat and intimidation Persistent, negative and unjustified comments Offensive or abusive personal remarks Abuse and humiliation in the presence of other colleagues or in private Removing areas of responsibility without justification and undervaluing work done Setting the individual unachievable targets and/ or changing instructions without consultation in order to cause the individual to fail Reducing a colleagues effectiveness by withholding important information Monitoring work unnecessarily and intrusively Continually refusing reasonable requests without any justification Unfair allocation of work C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 7 -
HARASSMENT ON THE GROUNDS OF RELIGION OR BELIEF Harassment on the grounds of religion or philosophical belief may be defined as any hostile or offensive act or oppression by any person or group against another person or group, based on their religion or philosophical belief. Such harassment may include the following: Ridicule and religious jokes Derogatory remarks or name calling Exclusion from social activities without justification Display of or transmission (including by electronic means) of offensive materials Scorning of beliefs Unreasonably refusing requests for leave during religious festivals AGE HARASSMENT Harassment on the grounds of age consists of hostile or offensive acts or expressions by a person or group against another person or group in relation to chronological age. It is recognised that younger or older workers may be harassed or bullied on account of their age. Examples of such behaviour may include: Inappropriate remarks or jokes based on age Negative comments generalising about the age group of the individual The display of offensive materials Debarring staff from opportunities HARASSMENT RELATING TO TRANSEXUALITY Harassment on the grounds of transexuality can be hostile or offensive acts or expressions by a person or group against another person or group that is transsexual. Examples of such behaviour include the following: Derogatory remarks, jokes, innuendo or gossip Threats of disclosing the transexuality of the individual Expressing or acting on stereotypical assumptions Exclusion of transsexuals from facilities Display of or electronic transmission of offensive materials Exclusion from social activity OTHER FORMS OF HARASSMENT Other forms of harassment might include: Harassment on the grounds of politics Treating someone adversely because they have or it is suspected / believed that they have HIV/ AIDS Repeated gibes in reference to personal traits or appearance, invasion of privacy. Or practical jokes causing physical or psychological distress Persistent pressure to become involved in antisocial or unlawful behaviour. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 8 -
1. INTRODUCTION SECTION B THE PROCEDURE Bullying and Harassment are not only detrimental to the health and work performance of the employee(s) concerned but are also infringements of the University s Equal Opportunities Policy. For these reasons, the University will always treat seriously allegations that are made. However, the resolution of bullying and harassment problems can often be best achieved through the use of informal communication with the alleged perpetrator. Because such an approach can often secure a satisfactory change of behaviour, complainants should explore the use of the informal stage to this procedure in the first instance. It is recognised, however, that cases of bullying or harassment may arise that are so serious (and damaging) that an employee may believe that only by making a formal complaint can the issue be fully addressed. Advice on the appropriate course of action can be obtained by engaging in confidential discussion with one of the University s Harassment Advisors, a Trade Union Representative or an appropriate manager. If an employee feels that they may be the victim of harassment they should keep a written record of all relevant incidents including dates and times and the names of any witnesses. 2. WHO CAN BE APPROACHED FOR ADVICE? Harassment Advisors Harassment Advisors are employees of the University who have volunteered to undertake this role and have been appointed by the University through a formal selection process and have received specialist training. Harassment Advisors have received this training in order that they can assist complainants in achieving an effective and prompt resolution of any harassment issue. An Advisor will listen and give advice on the courses of action open and, if requested, provide assistance in resolving the matter in the informal stage of the procedure. Discussions with an Advisor will remain confidential other than in exceptional circumstances, e.g. where it is considered there is an unacceptable risk either to the employee concerned, another person or to the university. In these circumstances the Advisor would consult with the employee about the approach to be adopted with the appropriate manager, including the possible involvement of the Advisor, the objective being that the necessary managerial action will be taken. Any information provided to a manager in these circumstances will remain confidential within the managerial system. The Advisor will explain the confidentiality arrangements at the first meeting following which the employee will be able to decide whether or not he/ she wishes to continue the discussion. On occasions, the Advisor may wish to seek advice on the matter from a third party, for example a personnel professional. However s/he will obtain permission before doing so. Managers Some employees may prefer to raise their concerns with their immediate manager, Dean or other senior manager, such as Faculty Secretary or Head of Department, or, if preferred, a Personnel Officer. This can be done in person or in writing in the first instance and, if this approach is chosen, appropriate details of incidents should be given. A Harassment Advisor or trade union representative can assist in writing the letter if required. On receipt of the letter, or in response to a personal approach, the manager will arrange a confidential meeting at which the employee could be accompanied by an Advisor, colleague C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 9 -
or trade union representative of his/ her choice. The meeting is an opportunity to discuss the nature of the problem and consider the courses of action that could be followed. Personnel Officer Advice can be obtained from an appropriate representative of the. Trade Union Representatives If the employee is a member of a Trade Union he/ she could approach a representative for advice on the courses of action open. 3. THE INFORMAL STAGE 3.1 Approaching the Alleged Harasser In some cases, the person against whom the employee has a complaint may be unaware that her/his behaviour is inappropriate or objectionable and a personal approach may be sufficient to deal with the matter. In many cases, even where the behaviour was intentional, a swift and clear indication that the behaviour is objectionable may prove sufficient. You can be accompanied by a Harassment Advisor or trade union representative at the meeting if requested. Writing a Letter An alternative to a face to face meeting with the alleged harasser, is to write a letter outlining the aspects of her/his behaviour that are unacceptable and asking him/ her to stop. A Harassment Advisor or trade union representative can give assistance in writing such a letter if required. 3.2 Other Options If the employee s concern continues (or if she/he does not feel able to approach the alleged harasser or feels that it is inappropriate as set out above) then a confidential meeting with their immediate supervisor or, if preferred, a more senior member of the department or a Harassment Advisor or trade union representative, can be arranged. That person will suggest options of how to proceed and will seek to arrange, if appropriate, an informal meeting between the employee and the alleged harasser. The alleged harasser will be advised of the nature of the complaint and be given the opportunity to respond. Both the employee and the alleged harasser may be accompanied at such a meeting by either a work colleague or a Trade Union representative. The purpose of informal meetings will be to discuss the nature of the complaint and to seek a solution. 4. THE FORMAL STAGE 4.1 If the issue has not been resolved by the above means or the informal stages seem inappropriate, then the employee or someone acting on his/ her behalf may make a formal complaint. To make a formal complaint a letter should be sent to the appropriate senior manager, e.g. the Dean, Faculty Secretary, Service Director, etc, giving details of the bullying or harassment, as appropriate. 4.2 On receipt of a formal complaint, the senior manager will arrange to meet the employee to discuss the options available to resolve the matter. If he/she is satisfied that the informal C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 10 -
stages have been exhausted or that there is no potential for resolving the complaint through informal means, he/ she will take steps to appoint an appropriate manager to conduct an investigation. 4.3 It may be necessary to consider at the earliest stage of the formal procedure, the introduction of temporary working arrangements. Where this is thought to be necessary, consultation will take place with both parties. The options available include: Relocation of one or both parties concerned Changing the reporting arrangements Changing work allocation. If any allegation contained within the formal complaint appears to fall within the definition of gross misconduct as set out in the disciplinary procedure, consideration will be given, in accordance with that procedure, to the suspension of the employee concerned. 4.4 The person appointed to conduct the investigation will be assisted by a representative of the. It is a requirement that the Investigating Manager be appropriately trained. The investigation and, where necessary, any subsequent disciplinary hearing, will be conducted in accordance with the provisions of the disciplinary procedure. The timescale for the investigation will not normally be greater than four weeks. Given the sensitivity of the issues under investigation, it would be permissible for the complainant, as well as the alleged harasser, to be accompanied by either a trade union representative, a work colleague and/or a harassment Advisor at any investigation interview or at a disciplinary hearing. However, any person accompanying the complainant should not be subject to any potential conflict of interest, e.g. by being involved as a witness during the proceedings. 4.5 At the conclusion of the disciplinary process, it may be necessary to facilitate a meeting between the parties and their senior manager, in order to determine a way forward. A confidential record of the complaint and investigation will be kept by the Human Resources Division. 5. DEALING WITH MISCHIEVOUS OR MALICIOUS COMPLAINTS If the complaint of harassment is found to be malicious or mischievous, it may provide grounds for disciplinary action against the complainant. 6. PROTECTION FROM VICTIMISATION Any incident of victimisation arising from a complaint having been made by an employee or group in accordance with this policy will be treated as a disciplinary issue. Victimisation is when a person is treated less favourably because they have complained about bullying or harassment or supported someone else who has. 7. APPEALS Appeals against disciplinary action taken will be in accordance with the terms of the Disciplinary Procedure. Where the complainant is dissatisfied with the outcome, there is no formal appeal process. However, if the complainant believes that the alleged bullying or harassment was not investigated properly in accordance with this procedure, he/she may seek to have that matter addressed by using the Grievance Procedure. In making application for such a grievance to C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 11 -
be considered, the employee will need to identify, in writing, those aspects of the investigation that were not undertaken correctly. An employee who has been the subject of a disciplinary hearing cannot, under any circumstances, be required to submit to a rehearing of the same allegations. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 12 -
APPENDIX ONE: BULLYING AND HARASSMENT PROCEDURE Employee Concerned About Possible Bullying or Harassment (B/H) Approaches alleged harasser to discuss the problem B/H ceases B/H continues Approaches a Harassment Adviser, TU representative or Senior Manager for support/advice Formal Complaint Lodged With Senior Manager Discussion With Senior Manager to Establish If Informal Steps Can Be Taken Consideration Given to Suspension, Relocation and Changing Work/ Reporting Arrangements Complainant Interviewed with TU Rep or Colleague Senior Manager Decides to Commission Investigation Investigating Manager Appointed Alleged Harasser Interviewed With TU Rep or Colleague Witnesses Interviewed Outcome of investigation Allegations Made With Malicious Intent Allegations Substantiated Allegations Dismissed Possible Disciplinary Hearing Against Complainant Disciplinary Hearing Normal Appeal Rights if Sanctions Approved Grievance Procedure Available if Complainant Believes Procedure Not Followed Correctly C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 13 -
1. INTRODUCTION SECTION C GUIDANCE NOTES FOR STAFF The purpose of these guidance notes is to assist staff in achieving an effective and prompt resolution of any harassment problem and should be read in conjunction with the University s Policy and Procedure on Bullying and Harassment. 2. WHAT YOU SHOULD DO IF YOU EXPERIENCE HARASSMENT If you feel you are being subjected to harassment, you should not feel that it is your fault or that you must tolerate it. There are various ways in which you can deal with harassment, from simply indicating that the behaviour is unacceptable to making a formal complaint. The University s policy sets out several courses of action that you could follow and you should select the one that seems most appropriate to your circumstances. In reaching a decision on this you may find it helpful to seek advice from a Harassment Adviser or from a Personnel representative. It is important that you act promptly, keeping a written record of all relevant incidents, including dates and times and the names of any witnesses. 3. HOW YOU SHOULD APPROACH AN ALLEGED HARASSER In some cases, the person against whom you have a complaint may be unaware that his/ her behaviour is inappropriate or objectionable and a personal approach may be sufficient to deal with the matter. In many cases, even where the behaviour was intentional, a swift and clear indication that the behaviour is objectionable may prove sufficient. In directly approaching the person who is harassing you your aim is to make it clear to him/ her that you find his/ her behaviour unacceptable and you wish it to stop. You may find it helpful to structure your approach in the following way: o Describe the behaviour you are unhappy about when you say/ do o Explain how it makes you feel I feel o Set out your preference for behaviour in the future I would prefer it if o And show a positive benefit from the change We will be able to work together more effectively Before taking this course of action you may find it helpful to seek advice from a Harassment Adviser who will accompany you to the meeting if requested. 4. WRITING A LETTER If you do not feel able to approach the alleged harasser directly, you may prefer to write a letter outlining the aspects of his/ her behaviour that you find unacceptable and asking him/ her to stop. Again, explaining the impact of the behaviour in terms of your feelings can be helpful. You should date and sign the letter and keep a copy. A Harassment Adviser can give you assistance in writing your letter if required. 5. HOW CAN A HARASSMENT ADVISER HELP Harassment Advisers have received specialist training in order that they can assist complainants in achieving an effective and prompt resolution of any harassment problem. An Adviser will listen to your problem and give advice on the courses of action open to you and, if requested, provide assistance in resolving matters. Your discussions with an Adviser will remain confidential other than in exceptional circumstances where it is considered there is an unacceptable risk either to you, another C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 14 -
person or to the university. For example, if there is a danger of further physical violence from an alleged harasser. In these circumstances the Adviser would consult with you about the approach to be adopted with the appropriate manager, the objective being that the necessary managerial action will be taken. Any information provided to a manager in these circumstances will remain confidential. The Adviser will explain the confidentiality arrangements at your first meeting following which you will be able to decide whether or not you wish to continue the discussion. As a result of your discussion the Adviser may wish to seek advice on the matter from a third party, for example a personnel professional. However s/he will obtain your permission before doing so. Contact details of the Harassment Advisers can be found on the University website and on staff notice boards. 6. WHO ELSE COULD YOU APPROACH FOR ADVICE? Managers You may prefer to raise your concerns with your immediate manager, Dean or other senior manager, such as Faculty Secretary or Head of Department, or, if you prefer, a Personnel Officer. This can be done in writing in the first instance and, if you choose this approach, you should provide appropriate details of incidents, including dates and times and the names of any witnesses. A Harassment Adviser can assist you to write the letter if required. On receipt of your letter, or in response to your personal approach, the manager will arrange a confidential meeting with you at which, if you wish, you could be accompanied by a colleague of your choice or your Trade Union representative. The meeting is an opportunity to discuss the nature of the problem and consider the courses of action that could be followed. Personnel Advice on the operation of the policy and how to approach a particular problem, can be obtained from the. Trade Union Representatives If you are a member of a Trade Union you could approach your representative for advice on the courses of action open to you. 7. MAKING A FORMAL COMPLAINT If the informal approach is unsuccessful and/ or further harassment or bullying is experienced, or if you are the subject of harassment or bullying which is of a very serious nature, you should set out your complaint in writing to the appropriate senior manager. A Harassment Adviser or your Trade Union representative will assist you in addressing this stage of the process. The senior manager will meet with you to discuss the complaint so that he/ she can decide on the most appropriate course of action. This could be to commission a disciplinary investigation in accordance with the University s Disciplinary Procedure. It should be noted that in the event of a disciplinary hearing being convened to deal with the issue, you will be required to attend to give evidence. In such circumstances a Trade Union representative or work colleague may accompany you for support. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 15 -
8. WHAT SUPPORT IS AVAILABLE FOR AN ALLEGED HARASSER? If an allegation of harassment is made, you will not be pre-judged and will be given the opportunity to respond fully to the complaint. If approached personally by an employee complaining of harassment you should: o Listen carefully to the points that are made o Allow the complainant to explain the way they feel o Seek clarification on exactly what aspect(s) of your behaviour are felt to be unacceptable o Explore with him/ her what changes in your behaviour they believe are required and how you might work more effectively together o Try to remain calm and avoid aggravating what is a difficult discussion for both you and the complainant You may wish to discuss an allegation of harassment that has been made against you with a Harassment Adviser or Personnel Officer who will be able to give advice on the courses of action that you could take to achieve an effective and prompt resolution of the problem. 9. AND FINALLY At the conclusion of any formal process, depending upon the outcome, there may be a need for you to attend a meeting with the person against whom you have registered your complaint. Normally, such a meeting would be chaired by the relevant senior manager and you would be entitled to be accompanied by either a Harassment Adviser, a trade union representative or a colleague of your choice. The purpose of the meeting would be to agree the basis of a return to normal working. There may be some circumstances where you would wish to be considered for redeployment. If this is the case, you should seek a meeting with the senior manager to explore the possibility of such a request being granted. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 16 -
1.0 INTRODUCTION SECTION D GUIDANCE NOTES FOR MANAGERS The drivers for MMU s introduction in 1999 of a policy on Personal Harassment in the Workplace were as follows: 1.1 MMU s Stance The university policy statement on Bullying and Harassment is set out in the introduction to the policy document and, among other things, it states that: The Manchester Metropolitan University is committed to a working environment and culture in which bullying and harassment is known to be unacceptable, and where individuals have the confidence to complain of bullying and harassment without fear of ridicule or reprisals. The University has adopted such a policy because bullying and harassment is harmful to both employees and to the operational effectiveness of the University. It can subject individuals to fear, stress and anxiety. Great strains can be put upon work, personal and family life. Bullying and harassment can lead to illness, accidents, absenteeism, poor performance, an apparent lack of commitment and people leaving. This then impacts on the performance and effectiveness of the organisation. The Bullying and Harassment Policy is consistent with the ethos of the University s Stress At Work Policy. Our policy is one step towards attempting to ensure the dignity and fair treatment of women and men at work. It intends to prevent all forms of offensive and unfair behaviour, whether or not such behaviour is unlawful. Definitions of what constitutes bullying and harassment are included in the policy document. When looking at the policy, it is important that a distinction is made between this and firm management. It should be recognised that we work in a climate of rapid change and that this means that staff are expected and required to work under pressure to achieve results. Thus the normal practice of managers setting targets for performance does not constitute bullying. 1.2 Legislation Certain types of harassment are regarded as unlawful and unjustifiable discrimination and are covered by statute: Harassment based on sex, marital status or gender reorientation is covered by the Sex Discrimination Act 1975 Harassment based on race, nationality, colour or ethnic origin is covered by the Race Relations Act 1976 Harassment based on disability is covered by the Disability Discrimination Act 1995. Complaints might be taken to Employment Tribunals or Civil Courts, where increasingly significant damages are being awarded. The Health and Safety at Work Act 1974 gives employees the right to a healthy and safe working environment and to be protected from undue stress due to harassment. Under the Criminal Justice and Public Order Act 1994 and the Protection from Harassment Act 1997, harassment has become a criminal offence, with potentially severe penalties of fines and imprisonment. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 17 -
1.3 MMU Policies In addition to the provisions of the legislation identified above, the University s Equal Opportunities policy makes discrimination (including harassment) on the grounds of age, religion, sexual orientation and employment status unacceptable; MMU s Bullying and Harassment policy makes harassment on the grounds of political conviction, amongst other things, unacceptable; The protection from harassment given to staff within the university community is therefore more comprehensive than that required by statute. 2.0 PURPOSE OF THE POLICY Although the weight of legislation and internal policy is potentially punitive, MMU s senior management team wishes to adopt a positive, proactive stance and ensure that all members of the university community, as appropriate: Take responsibility for working towards a culture where bullying and harassment is not tolerated; Always seek to resolve issues of bullying and harassment constructively, at the lowest possible level, and in a manner acceptable to both parties. Deal with allegations of bullying and harassment in a swift and effective manner; Treat both the person(s) making the allegation and the alleged harasser(s) in a fair and equitable manner. 3.0 ROLE OF MANAGERS IN IMPLEMENTING THE POLICY Managers have a particularly important role in developing a working environment that is free from harassment or bullying. It is also important that individuals feel confident enough to bring forward complaints without fear of ridicule or reprisal. The specific responsibilities of managers comprise the following: Communicating the policy although the policy, procedure and guidelines, appear on the website and have been featured in a HR Update, managers should also discuss and clarify the policy with their staff. The policy, as with other university policies, should be included within the induction of new members of staff. If required, the Human Resources Division can provide support. Setting an example an open, supporting and encouraging style of leadership on the part of senior managers will set the example to be followed further down the hierarchy. Managers should always be alert to the danger of adopting a particular personal style, especially in stressful situations, which might be perceived as bullying or harassment. Showing respect for others the University endorses the right of all individuals to be personally respected at work; it is important that managers take responsibility for showing respect to colleagues and are receptive to suggestions that their behaviour could improve. Challenging inappropriate behaviour it is important that managers challenge inappropriate behaviour such as bullying, e-mail abuse, jokes, pin-ups, ridicule or humiliation, on the part of peer colleagues or staff whom they manage. Managers should feel confident of the University s support in such challenges since this is a responsibility they have under its equal opportunities policies. Taking action It is very important that managers do not collude with any harassment or bullying by failing to take appropriate action. Even complaints from a third party should be investigated. Advice and support can be obtained by discussing the matter with the relevant Personnel Officer, a Harassment Advisor or the Equal Opportunities Officer. Dealing with complaints of harassment see below. Supporting/educating alleged harassers see below. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 18 -
4.0 DEALING WITH COMPLAINTS OF BULLYING AND HARASSMENT 4.1 First Steps On being approached by a complainant, the manager should normally provide advice and support and seek to resolve the complaint as quickly as possible. However, there may be circumstances where they are not the best person to advise the individual in view of possible role conflict, for example they may have to conduct a disciplinary hearing at a later stage and must therefore maintain objectivity. If it is not appropriate for a manager to advise a complainant, s/he may be referred to: A Harassment Advisor these are individuals who have been specifically trained to advise the harassed, their contact details are in the Bullying and Harassment policy; Another Manager; A Trade Union Representative; The appropriate Personnel Officer or the Equal Opportunities Officer; A counsellor, Occupational Health, or other appropriate internal/external agency. If it is appropriate for the manager to discuss the matter with the complainant, use of the relevant interpersonal skills is vital, as the harassed employee may be feeling frightened, helpless, anxious or angry. Please see Appendix I for guidance on basic interpersonal skills. It is vital that confidentiality parameters are clarified. The parties involved should be informed at the outset that all proceedings would be confidential. It would also be necessary when interviewing or discussing such matters with individual employees, e.g. as witnesses, to emphasise to them that they should not discuss the matter with anybody else. 4.2 Options open to the complainant Having agreed confidentiality boundaries, listened effectively to the complainant and clarified the nature of the complaint, the manager should first ask the complainant for his/her views on possible methods of resolution, before adding any the complainant has omitted. Options might be: Taking no further action the complainant may, having discussed the matter with the manager, decide not to take it any further. Except in cases of unacceptable risk, this is the complainant s decision, which must be respected. Direct approach to alleged bully/ harasser the complainant may feel able to discuss the alleged unacceptable behaviour with the harasser and agree a way forward; it may be helpful for the manager to help the complainant prepare a script for this meeting. Direct approach supported by manager the complainant may feel able to discuss the matter with the alleged bully/ harasser if the meeting is facilitated by the manager; this may be in terms of either: Moral support for the complainant as they take responsibility for discussing the matter with the alleged bully/ harasser; Mediation by the manager so as to achieve effective communication between the parties; Writing a letter to the alleged bully/ harasser again, the manager should help the complainant to prepare the letter so as not to escalate the situation; both manager and complainant should be aware that the alleged bully/ harasser will then probably want to meet them to discuss the matter and that this should be encouraged in the light of his/her rights under natural justice. Action by manager on behalf of complainant it would be appropriate for managers to intervene when, for example: C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 19 -
The manager judges the matter can be satisfactorily resolved by having a quiet word with the alleged bully/ harasser because s/he is unaware of the effect of his/her behaviour and will be amenable to positive suggestion; It is not reasonable to expect the complainant to resolve the matter, for example if s/he is being bullied or harassed by a large group of senior colleagues. Where it is agreed that the manager will raise the complaint in an informal way on behalf of the complainant, it is important that the complainant is informed of the results of that discussion. Other appropriate action any action that will resolve the matter at the lowest possible level in a manner acceptable to both parties may be appropriate, for example involving Personnel or a mutually acceptable third party. Formal action see below. 4.3 Dealing with formal complaints An individual may complain formally (usually in writing) where: Bullying or harassment recurs after having been dealt with previously; One serious incident such as physical assault has occurred. Complainants should be encouraged to resolve matters at an informal level before resorting to formal complaints. However, if a complainant wishes to make a formal complaint from the start, they should be allowed to do so. An early meeting should be held with the complainant to establish whether the actions that are the subject of the complaint do indeed constitute bullying or harassment as defined in the Policy. Where a formal complaint is submitted, immediate consideration must be given as to whether or not the action complained of constitutes potential gross misconduct. If it were the view that it does, suspension of the alleged harasser would need to be considered in accordance with the terms of the disciplinary procedure. In other circumstances, consideration should be given to the appropriateness of introducing temporary work arrangements pending the outcome of the investigation. Prior to taking a decision, there should be consultation with both parties. The options available include: The relocation of one or both of the parties concerned Changing the reporting arrangements Changing work allocation. The next step for the senior manager is to secure the appointment of an Investigating Manager. The person selected should be appropriately trained. Advice on this should be obtained from either the Personnel Manager or Director. The investigation and any subsequent Disciplinary Hearing will be conducted in accordance with the Disciplinary Procedure. It is important to work within agreed timescales. It should be the normal practice for investigations to be completed within four weeks. This is because such complaints can involve a high degree of disruption and consequential stress for both parties involved. If it becomes clear at an early stage that the process cannot be completed within four weeks, it will be necessary to reach an agreement with the parties concerned for an extension. This would only arise in exceptional circumstances. In certain circumstances, complainants and alleged harassers have the right to invoke the University s grievance procedure, but should be encouraged to suspend this right to await the outcome of any disciplinary investigation or disciplinary hearing. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 20 -
4.4 Victimisation The complainant should be informed that they would be protected from victimisation as a result of making a complaint. Similarly, witnesses should also be informed that they would be protected from victimisation for assisting in an investigation. 4.5 Interview Format All employees have a responsibility to cooperate in the elimination of bullying and harassment and as such are obliged to attend investigatory interviews and disciplinary hearings when summoned. Failure to do so could lead to disciplinary action being pursued. At the commencement of an interview, the purpose of the interview should be clearly stated. The interviewee should also be reminded that they are entitled to be accompanied by either a trade union representative or a colleague. The interviewee should be advised that the proceedings are confidential and that any matters raised should not be discussed outside the interview. The interviewee should be informed that notes will be taken during the course of the interview and that they would be produced in type script (as witness statements) and the interviewee will be invited to sign their agreement to the contents. When asking questions, it is essential to focus on the facts of the case by asking appropriate questions in a sensitive manner. Questions should not be asked in such a way that implies that the panel have already come to a conclusion about the allegation. The questions should be clear and should not be phrased in such a way as to lead the interviewee to give a particular response. Where the interviewee is the respondent in the case, it is important that s/he understands that it is the effect of their behaviour on the complainant that may constitute harassment or bullying rather than the intention behind it. The respondent should be given the opportunity to relate his or her own account of the incident(s). In the event of either of the parties or a witness being off sick during the course of the investigation and it appears that the absence is likely to be long term, a referral to the occupational health service should be made. Such a request would be designed to ascertain, among other things, the fitness of the individual to continue with the investigation (and possible hearing) despite their illness or, failing that, an indication of whether they are likely to be able to participate in the investigation/ hearing in the foreseeable future. The advice and support of the appropriate Personnel Officer should always be obtained in such circumstances. 4.6 Reaching a decision On completion of the investigation, a report will be prepared and a conclusion will be reached as to whether or not there is sufficient evidence to substantiate the allegations. The report will summarise those aspects of the evidence which has led the Investigating Manager to the conclusion outlined. If it is concluded that bullying or harassment did occur, the investigating manager will take steps to arrange the convening of a disciplinary hearing. Where the alleged harasser has not already been relocated, consideration will be given to this. If it is concluded that bullying or harassment did not occur; or, where it did, that it does not merit disciplinary action, both the complainant and the alleged harasser should be advised of the outcome and a meeting should be held with the two parties to determine a way forward. C:\Documents and Settings\xi9da06.000\Local Settings\Temp\BullyingAndHarassmentPolicyAndGuidanceNotes_1.doc - 21 -