Policy No: PP17 Version: 1.0 Name of Policy: Harassment and Bullying Policy Effective From: 16/08/2016 Date Ratified 14/06/2016 Ratified Human Resources Committee Review Date 01/06/2018 Sponsor Director of Strategy and Transformation Expiry Date 13/06/2016 Withdrawn Date Unless this copy has been taken directly from the Trust intranet site (Pandora) there is no assurance that this is the most up to date version This policy supersedes all previous issues Harassment and Bullying Policy v1
Version Control Version Release Author/Reviewer Ratified by/authorised by Date Changes (Please identify page no.) 1.0 16/08/2016 K.O Brien HR Committee 14/06/2016 Replaces PP17a version 6.0 and PP17b version 7.0. Combined to make resolution options clear and easy to navigate Harassment and Bullying Policy v1 2
CONTENTS Page No. 1. Introduction... 4 2. Policy Scope... 4 3. Aim of policy... 4 4. Duties - Roles and Responsibilities... 5 5. Definitions... 5 6. Promoting Mutual Respect in the Workplace... 6 6.1 What to do if you are unhappy about behaviour in the workplace... 6 6.2 Interventions and Options... 6 6.3 Feedback and Learning... 7 6.4 Formal Complaints... 7 7. Training... 7 8. Diversity and Inclusion... 8 9. Monitoring... 8 10. Consultation and Review... 8 11. Implementation... 8 12. References... 8 Appendix 1 Unacceptable Behaviours... 9 Harassment and Bullying Policy v1 3
Harassment and Bullying Policy 1. Introduction Gateshead Health NHS Foundation Trust seeks to provide a working environment and culture which values diversity and inclusion. In addition to our legal duty of care to provide staff with a safe working environment, we recognise that members of staff who are valued and respected will in turn be able to provide the best care to our patients. The Trust recognises the principles identified in the Freedom to Speak Up Review of arrangements for raising concerns. We want staff to feel free to speak up about concerns, and we understand that this depends on being able to work in a culture which is free from inappropriate behaviours. This policy reflects the Trust's approach to equality in the Vision for Gateshead. It seeks to enable staff to recognise and challenge inappropriate behaviour, and promotes a range of support that is intended to enable concerns to be addressed effectively, and without fear of victimisation. All complaints of inappropriate behaviour will be taken seriously and handled promptly, sensitively and confidentially. 2. Policy Scope The policy may apply to all members of staff, volunteers, contractors, agency staff and anyone else engaged to work in the Trust. It does not cover inappropriate behaviour by patients, visitors or suppliers. However the Trust takes allegations of third party harassment very seriously. Members of staff should speak to their manager or refer to RM10 Violence at Work Policy, or PP44 Domestic Abuse Policy. The workplace for the purpose of this policy also includes work related settings such as off-site training venues and work-related social events. Inappropriate behaviour can also occur during the use of email, text or telephone calls and messages, or on social network sites. Complaints of inappropriate behaviour can be dealt with formally or informally. Serious concerns may result in grounds for formal disciplinary action being considered, including dismissal in accordance with the Trust Disciplinary Policy (PP01). There are potentially criminal offences that could occur and which would be outside the scope of this policy, for example assault or rape. Allegations of such crimes should immediately be reported to the police, unless there are very special circumstances. The police are responsible for pursuing any criminal investigation. Finally, it may be relevant for managers and staff to refer to professional codes of conduct that apply to groups of staff who work in a healthcare setting. 3. Aim of policy This policy: Provides guidance to all members of staff about their responsibilities towards each other in the workplace and therefore aims to prevent harassment and bullying occurring; Raises awareness of the range of interventions and options available to help address any concerns of inappropriate behaviour or harassment and bullying; and Reminds managers about their responsibility to maintain a safe and healthy working environment, free from discrimination and victimisation. Harassment and Bullying Policy v1 4
4. Duties Roles and Responsibilities The Trust Board is responsible for promoting the Trust s values and a culture, where open and honest communication is encouraged between individuals, to help develop a safe and healthy working environment for all staff. The Chief Executive is ultimately responsible for ensuring effective corporate governance within the Trust and therefore supports the implementation of this policy. The HR Department is responsible for raising awareness of this policy through training and communication. They are responsible for giving advice and support to managers and staff to assist with informal or formal cases of inappropriate behaviours in the workplace. Line Managers are responsible for making sure that their staff are treated with dignity and respect, fairly and without discrimination or victimisation. Line managers should enable a supportive and productive working environment so that staff can perform effectively and to the best of their ability. Line managers are responsible for encouraging staff to raise concerns, and they should deal effectively with incidents or concerns about conduct in the workplace that are brought to their attention. Line managers should set a good example by treating individuals with dignity and respect, and will be clear about the standards of behaviour expected from all members of staff. Members of staff have personal responsibility for their own behaviour, and to comply with the standards and processes referred to in this policy. If they become aware that their behaviour causes or could cause offence they have a responsibility to stop it immediately. In addition, some healthcare staff are also responsible for adhering to their professional code of conduct. Staff must be aware that managers have a responsibility to fulfill their role and legitimate management action, carried out in a fair and proper manner, will not be considered as bullying and harassment. Staff Representatives are available to listen, accompany and support their members. 5. Definitions Bullying is described by ACAS as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Confidentiality All staff involved in reporting, witnessing or and dealing with allegations of bullying and harassment are expected to treat the matter with sensitivity and confidentiality. This means that they should not disclose any information unless they are acting in accordance with a Trust policy. Harassment is a specific form of discrimination that is defined in the Equality Act (2010). It is described as 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. Protected characteristics that are described in the Equality Act (2010) are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. There is also protection for people against harassment on the basis of their membership or nonmembership of a trade union. Harassment and Bullying Policy v1 5
Members of staff can complain of behaviour that they find offensive even if it is not directed at them, or they do not possess the relevant characteristic themselves this is known as harassment by association. Harassment Advisors are members of staff who have had training and support to enable them to offer a listening service and offer advice about this policy. Mediation is an informal way of resolving disagreements or disputes in the workplace. It can avoid the need to use a more formal approach. It involves a neutral third person (the mediator) working with different staff to help them reach an agreement. It is a confidential and voluntary process. Victimisation is a specific form of discrimination. This is where a person suffers a detriment or is treated less favourably than another as a result of a complaint, or evidence given about the behaviour of someone who has been harassing or discriminating them or others. Whistleblowing is a term that is often used to describe when people speak up about a concern or problem at work. It is important that members of staff feel able to speak up, that their concerns will be listened to and acted upon, and that there will be no repercussions or victimisation as a result. 6.0 Supporting Mutual Respect in the Workplace This policy provides information to help members of staff understand and access support when they wish to deal with behaviour at work that concerns them. 6.1 What to do if you are unhappy about behaviour in the workplace? Members of staff that experience behaviour at work that concerns them, should consider how they can bring this to the attention of the other person so that they can be made aware of and change their behaviour. This needs to be treated sensitively by all those involved, for example the other party may not be aware that their actions have caused offence or upset. Staff should obtain support and advice from any of the following groups at the earliest opportunity: Their line manager, supervisor or someone else in a leadership role Their Trade Union Representative One of the Harassment Advisors Members of the HR Department The Occupational Health Department Sometimes behaviour is so serious or severe that it could be considered to be misconduct or gross misconduct. For example, the Trust regards bullying, or other oppressive behaviours towards staff as a result of raising a concern very seriously. In addition, should it becomes clear that an individual has raised concerns for malicious or vexatious reasons e.g. raising a matter they know to be untrue, or to pursue a personal grudge against another individual, this would also constitute misconduct. These matters would be dealt with in accordance with the Trust s Disciplinary (PP01). 6.2 Other Interventions and Options Except in very serious or severe cases of harassment or bullying, the following interventions and options can be considered. This list is not exhaustive, and multiple options may be necessary or appropriate in the circumstances: Harassment and Bullying Policy v1 6
Preliminary fact finding enquiry to more fully understand staff concerns A discussion or other communication between both parties about the inappropriate behaviour to gain insight and understanding Mediation between both parties Team development Personal development for either individual No action required (the member of staff raising concerns just wants to be listened to) Refer the individual for support (i.e., to Occupational Health) Changing something to remove the likelihood of reoccurrence (i.e., change of job role, work base, working pattern, reporting lines) Formal complaint (requiring formal investigation by the Trust) see section 6.4 Stress Risk Assessment or other health and safety support to eliminate and/or mitigate stressors It is recognised that both raising concerns and being the subject of concerns raised can be stressful and upsetting, and therefore support is available for all staff involved in interventions and actions. 6.3 Feedback and Learning It is important that both parties receive comprehensive feedback following any intervention. It is not unusual for working relationships to have changed or deteriorated, and this can help support staff to move forward, rebuild, and work in a respectful and professional manner. This responsibility lies with those groups involved (as identified in section 6.2). In some cases it may be necessary to include what further options may be available to staff members who are dissatisfied with the conclusion/outcome of the intervention. 6.4 Formal Complaints 7. Training Where an individual wishes to make a formal complaint, their concern will be taken seriously and handled sensitively. They may not be satisfied that interventions or options that have been tried, have been effective, or they may be raising a very serious allegation of harassment or bullying. To enable the investigatory process (under Trust Policy PP01) to proceed, the complaint should be made in writing, and sent in confidence to an individual highlighted in section 6.1. The complaint must state: The name of the alleged harasser The nature of the complaint or their behaviour Dates, times or details of incidents Names of any witnesses Any action taken to address their concerns This policy is available on the Trust intranet site, and information about the policy is promoted by the HR Department via briefings and communications. The HR Department is responsible for providing support to managers investigating allegations of harassment and bullying. Harassment and Bullying Policy v1 7
8. Diversity and Inclusion This policy aims to promote equality of opportunity and eliminate unlawful discrimination, by helping to establish a positive working environment that respects dignity and diversity. It enables employees to raise concerns about inappropriate behaviour, and enable corrective action to challenge harassment, bullying and victimisation. In this way it supports a human rights approach and seeks to eliminate discrimination. The Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not discriminate against individuals or groups on any grounds in accordance with the Equality Act (2010). This policy helps to demonstrate due regard for the (general) public sector equality duty. An equality analysis has been undertaken for this policy. 9. Monitoring This policy has been compiled in compliance with OP27 Policy for the development, management and authorisation of policies and procedures. Standard Trends in harassment and bullying monitored, including resolution methods Monitoring and audit Method By Committee Frequency Tracker kept within HR HR Department Diversity & Annual of the number of Inclusion reported instances and Steering resolution methods Group Managers take steps to promote a healthy and safe working environment Analysis of staff survey results Workforce Directorate and line managers HR Committee Annual 10. Consultation and Review This policy has been reviewed using the views of Harassment Advisors, members of the HR Department involved with cases of harassment and bullying, and the Diversity and Inclusion Steering Group. The policy has been reviewed in consultation with the LNC and JCC. 11. Policy Implementation This policy will be circulated by the Trust Secretary as detailed in OP27 Policy for the development, management and authorisation of policies. 12. References Harassment and Bullying Leaflet and other resources (please see the intranet) Equality Act 2010 ACAS Bullying and Harassment at Work Guide Commission Equality and Human Rights NHS Employers Guidance - Bullying & Harassment (2006) Protection from Harassment Act 1997 Freedom to Speak Up A Review of Whistleblowing in the NHS, Sir Robert Francis (2015) Health and Safety at Work Act 1974 Harassment and Bullying Policy v1 8
APPENDIX 1 Unacceptable Behaviours Harassment and Bullying is a very personal matter, and therefore the following are examples only of what this Trust may deem unacceptable behaviours. This list is not exhaustive. Unacceptable behaviour may include: Verbal and written comments including jokes, ridicule, nicknames, offensive language or comments (including by text or social media). Spreading malicious rumours or gossip, or insulting someone Ridiculing or demeaning someone picking on them or setting them up to fail Exclusion, isolation, non-co-operation, deliberately ignoring someone, not inviting them to take part in social activities Overbearing supervision or other misuse of power or position Staring, leering, pestering, spying or obstructing people Unwelcome physical contact or sexual advances touching, standing too close, sexual assault Displaying offensive material such as posters or graffiti, using obscene gestures Deliberately undermining a competent worker by overloading, constant/public criticism, setting unrealistic deadlines, constantly undervaluing effort Public humiliation Misuse of power, service or status Swearing, shouting or pointing at an individual Physical attacks on individuals or their property because of a particular characteristic Threatening to disclose or publicise someone s sexuality Making threats or comments about job security without foundation Harassment and Bullying Policy v1 9