DURHAM CONSTABULARY Personnel, Policies, Procedures & Practices Application: All Police Officers & Staff including Police Service personnel from other forces who attend training courses with Durham Constabulary for the duration of their training. Registry Reference No. DCP 080 Policy Owner Personnel Policy approved at FMG N/A Date approved at PUG 12.09.08 Effective from 12.09.08 Version 3 1 Last Updated 05.04.11 Reason for change Publication Scheme Y/N Dignity At Work Policy Additional protected characteristic of Pregnancy and Maternity added inline with Equality Act 2010. Policy Review Date 05.04.14 Durham Constabulary Freedom of Information Act Publication Scheme Guidance & Procedure Documents available on the Intranet: Dignity At Work Guidance & Procedure Associated documents: Pers 192 Notification of Grievance Form Pers 188 Fairness At Work Form Stage 1 Pers 189 Fairness At Work Form Stage 2 Yes
Equality Policy Disciplinary Procedure Police Staff Fairness At Work Police Staff Capability Policy and Procedure 1.0 DIGNITY AT WORK (Harassment and Bullying) PROCEDURE 2.0 PURPOSE AND SCOPE 2.1 The purpose of this policy is to provide clear guidance to all staff on the behavioural standards expected of them and to prevent behaviour that could be construed as harassment or bullying in the workplace. Where this does occur the policy aims to ensure that appropriate and effective action is taken to prevent any recurrent. The policy should be applied in accordance with the aims of the Durham Constabulary Equal Opportunities Policy 2.2 The specific objectives of the policy are to: Ensure all staff are aware of the types of behaviour which may constitute harassment or bullying and their responsibilities for preventing such behaviour. Ensure that all staff understand that behaviour that may constitute harassment or bullying is unacceptable and that appropriate measures, including disciplinary action, may be taken. Promote a climate in which staff feel confident in bringing forward complaints of harassment or bullying without fear of victimisation. Ensure that all allegations of harassment or bullying are responded to quickly, positively and in confidence. Provide arrangements whereby complaints can be investigated in a manner which recognises the sensitivity of the issues raised and respect the rights and confidentiality of all those involved. 2.3 Throughout the operation of this policy Durham Constabulary will seek to take the least intrusive action which fits within the working policy criteria and will act fairly and proportionally to achieve the proposed purpose. 3.0 MOTIVATION OR DRIVING FORCES 3.1 This Policy assists Durham Constabulary in complying with the below mentioned legislation. 4.0 THE LEGAL BASIS AND LEGITIMATE AIMS 4.1 The Legal Basis for this policy comes from the following Acts: 2
Sex Discrimination Act 1975; Race Relations Act 1976 and 2000 Disability Discrimination Act 1995 Health and Safety at Work Act 1974 Equality Act 2010 Employment Equality (Age Regulations) 2006; Employment Equality (Religion or Belief) Regulations 2003 Civil Partnership Act 2004 Employment Equality (Sexual Orientation) Regulations 2003 The Human Rights Act 1998 Protection from Harassment Act 1997 4.2 Anti-discrimination legislation makes it unlawful to harass someone on the grounds of: Sex Marital status Gender reassignment Race Disability Religion/belief Sexual orientation Age Pregnancy and Maternity 5.0 POLICY STATEMENT 5.1 It is essential that all staff understand the type of behaviour expected of them by the organisation and are required to abide by these rules as a way of demonstrating a commitment to and understanding of maintaining the rights and dignity of everyone. 5.2 Durham Constabulary is actively committed to ensuring that there is no discrimination, injustice or inequality against individuals or groups on the grounds of disability, race, ethnic or national origin, age, gender, marital status, sexual orientation, social and economic status, religion or political beliefs. 5.3 To achieve this Durham Constabulary: accepts that everyone has a right to their distinctive and different identities will respect everyone s human rights understands how valuing diversity can improve our ability to deliver better services, so reduce disadvantage and promote inclusion will monitor and review our policies, procedures and practices to ensure that they are not discriminatory 3
will ensure Durham Constabulary deliver fair and equal recruitment policies and procedures and aim to have a workforce generally reflecting the population Durham Constabulary serve will promote work/life balance regularly consult our staff and listen to what they have to say will ensure every member of staff is aware of and is advised about their responsibilities under our equal opportunities policy and practices 5.4 This Policy is supported by the Dignity at Work (Bullying and Harassment) Procedure. 5.6 We are committed to the development and promotion of a positive workplace culture where all staff are treated with dignity and respect and believes it essential to have a zero-tolerance Policy which prohibits Harassment and Bullying between staff and aims to ensure that any allegation of harassment or bullying of a staff member or group by another staff member or group, including staff member(s) of partner organisations, are fully investigated and dealt with appropriately. 5.7 We are responsible for the provision of a safe and healthy working environment. Harassment and Bullying are discriminatory forms of behaviour which compromise the right of all staff to a working environment which is safe and free from intimidating, humiliating and patronising behaviour. 5.8 Harassment and Bullying affect staff and the Constabulary alike. Staff can be subject to fear, stress and anxiety, which may put great strains on personal and family life. It can lead to illness, increased absenteeism, an apparent lack of commitment, poor performance and even resignation. This not only has an effect on the staff member, it also has a direct impact on our effectiveness, finances and reputation. 5.5 This Policy and the supporting procedure replace the Ground Rules (Behavioural Standards) Policy. 6.0 BRIEF DESCRIPTION OF THE ATTACHED APPENDICES 6.1 The Procedures and Guidance document contains a booklet which provides individuals with a guide to the process that should be followed. 7.0 MONITORING AND REVIEW 7.1 To achieve the required level of assurance the following methods of review and evaluation will be used: 3 yearly review inline with Human Rights and Equality legislation or sooner due to a review or change in legislation, case law or best practise 4
8.0 AVAILABILITY OF POLICY The policy and associated guidance will be published on the Force Intranet Site. Only the policy will be published for the public via the Durham Constabulary Internet. 9.0 APPEALS PROCEDURE 9.1 If an individual wishes to appeal against any decision made by Durham Constabulary in connection with this policy, they should write to the Director of Personnel and Development, within 14 days of receiving a decision. The Director of Personnel and Development will consider the appeal and consult with the appropriate Personnel Manager/Area Commander/Departmental Head to establish all facts before making his/her decision. He/she will respond to the individual within four working weeks of receipt of the appeal. Should this period not be achievable the Director of Personnel and Development should notify the individual in writing and advise them when the decision will be communicated. 9.2 Complaints of alleged unlawful discrimination may be registered with an employment tribunal within 3 months less 1 day of the alleged act of discrimination subject to the Appeal Procedure being exhausted. 9.3 Durham Constabulary operates a Fairness at Work Policy. The main purpose of which is to ensure that individual members of staff who feel aggrieved about the way they have been treated, either by management or by their colleagues, are given every opportunity to have their grievances resolved in a fair and just manner. It is a flexible means of resolving problems at work and intended to resolve issues as quickly as possible. 9.4 Complaints about the overall policies and procedures of a police force, as well as a number of other issues relating to quality of service or operational decisions should be made to the Chief Constable of Durham Constabulary at the following address: 5 The Chief Constable Police Headquarters Aykley Heads Durham DH1 5TT Tel: 0345 60 60 365 Fax: 0191 375 2011 Email: CFR@durham.pnn.police.uk
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