AMiE Model Policy on Dignity at Work

An agreement between <name of employer> (the Employer) and <name of trade unions> (the Unions).

Policy Statement

The Employer and the Unions are committed to creating a working environment that respects the dignity of all staff. The aim of this policy therefore is to promote a culture in which bullying and harassment are not tolerated, and where individuals have the opportunity to fulfil their personal potential. Although this policy aims to prevent bullying and harassment from occurring, it is accepted that where it does occur then appropriate and effective action is needed to prevent any recurrence.

Scope

This policy applies to all employees and agency workers engaged by the employer.

Definitions

Bullying is defined as persistent offensive behaviour through vindictive, cruel, malicious or humiliating attempts to undermine an individual or group of individuals. It often involves an abuse of power and negative attacks on personal and professional performance.

Harassment is defined as unreasonable and unwanted conduct that violates people’s dignity or creates an intimidating, degrading or offensive environment. In determining whether conduct can reasonably have such effect, the perception of the recipient will be taken into account. Although harassment often involves repeated acts, a single incident may constitute harassment under this policy. Harassment on the grounds of gender, race, disability, sexuality, or religion or belief is unlawful.

It is accepted that legitimate, constructive and fair criticism of an employee’s performance or behaviour at work is not bullying or harassment. Nor are reasonable (but perhaps unpopular) requests by a manager of his/her staff in the normal course of their duties. It is also accepted that vigorous academic debate and an occasional raised voice or argument, of itself may not constitute bullying or harassment.

Examples of Unacceptable behaviour

The target in cases of bullying or harassment is often a perfectly competent individual or group of individuals. In bullying, the target will often, but not always, have a subordinate position to that of the bully. Bullying can take many forms including:

  • Constant nit-picking and fault-finding.
  • Shouting, abusive or intimidating language.
  • Regular criticism of the target to others.
  • Asking the target to perform unrealistic tasks, or overloading them with work.
  • Removing or replacing areas of responsibility with duties of a lower status
  • Putting the target under personal scrutiny more than others.
  • Spreading malicious rumours or allegations about the target.
  • Ignoring, marginalising, overruling or undermining the target.
  • Patronising, putting down or humiliating the target in front of others.
  • Taking credit for the target’s ideas or good work.
  • Copying memo’s or e-mails that are critical of the target to others who do not need to know.

Harassment may involve some of the above behaviour, but will often involve one or more of the following:

  • Use of offensive language, remarks, jokes, songs, e-mails or gestures.
  • Display of offensive posters, publications and graffiti.
  • Unwanted physical advances including leering, standing too close, touching, or even physical/sexual assault and indecent exposure.
  • Pressure to participate in activities that others may find offensive.
  • Conduct that denigrates or ridicules an individual or group on the grounds of their race, sexuality, gender, disability or belief.

Code of Conduct

The Employer and Unions will agree a simple Code of Conduct for staff aimed at promoting dignity at work. It will set out principles of acceptable behaviour that all staff will be expected to follow.

Information and Awareness

The Employer undertakes to publicise this policy fully, and ensure that staff understand their rights and responsibilities. A copy of this policy, together with the Code of Conduct will be given to all staff and agency workers engaged by the employer. In addition, the Employer will make contractors, consultants and secondees aware of this policy.

Appointment of Contact Officers

In recognition of the difficulties some staff may have in raising issues of bullying or harassment with their line manager, the Employer will appoint specially trained contact officers. The role of the contact officer will be to

  • Provide a confidential, sympathetic ear for staff with complaints or questions about bullying and harassment.
  • Provide advice and guidance on the how to make a complaint in accordance with this policy.
  • Establish the main details of the complaint.
  • Channel the complaint to the appropriate manager for action only if the member of staff wishes to take the matter further.
  • Advise any member of staff who wishes to take a complaint forward to contact their trade union in order that they may be represented in the process.

In all cases, discussions with contact officers are undertaken in complete confidence. No information may be passed to another person without the full agreement of the member of staff.

A contact officer, with the agreement of the member of staff, may approach the alleged perpetrator on an informal basis to point out that his/her behaviour is considered unacceptable to the member of staff concerned.

Responsibilities

All staff have a responsibility to uphold and respect the dignity of others at the workplace. As such, staff are encouraged to question or challenge any behaviour that they feel undermines this responsibility. Where they are themselves the target of bullying or harassment, a member of staff has a responsibility to report this to their line manager, a contact officer or trade union representative in accordance with this policy.

In addition:

Senior managers have overall responsibility for ensuring that this policy is properly implemented, that good practice prevails at every level of the organisation, and for fostering a climate of respect, equality and fairness in the workplace.

Line managers have responsibility for ensuring that their staff perform their roles effectively and to acceptable standards. They must also ensure that their staff are aware of their own responsibilities under this policy. Where they are alerted to potential breaches of this policy they will act upon the matter quickly and fairly.

Contact officers have responsibility for providing help and guidance to staff with complaints or questions about bullying and harassment.

Union representatives have responsibility for raising concerns about the operation of this policy, and for representing their members as appropriate on matters relating to complaints of bullying or harassment

HR Manager is responsible for advising senior and line managers on the operation of this policy, and for ensuring that appropriate training on bullying and harassment is given to all those concerned.

Training

The Employer will provide appropriate training for all key staff involved in the operation of this policy, including contact officers, line managers, senior managers, trade union representatives and HR staff.

Confidentiality

The Employer undertakes to deal with complaints of bullying and harassment in a confidential manner. This is necessary to provide all parties with a degree of security and to ensure that all procedural aspects are dealt with sympathetically, impartially and objectively. Any breaches of confidentiality may result in disciplinary action against those concerned.

Any discussions between a member of staff and a Contact Officer will remain confidential unless agreed otherwise by the member of staff.

However, before any investigation begins into a formal complaint it will be made clear to all involved that any documentary evidence or subsequent statement taken during the investigation will form part of the investigation report. In the event that disciplinary procedures are invoked, the investigation report, together with any witness statements, will be made available to both sides prior to a disciplinary hearing in accordance with employer procedures.

Procedure for dealing with cases of Bullying or Harassment

Advice to affected staff

Keep a record of any incidents, what happened, when and where and who might have witnessed it.

Talk to someone such as a contact officer, your union representative, or your line manager.

If you feel able, speak to the perpetrator and ask them to stop. Explain that you find their behaviour to be inappropriate/intimidating/distressing etc. Make a note of what you said and their response.

If the problem continues, make a formal complaint to your immediate line manager (or if he/she is the alleged perpetrator, to a more senior manager).

Informal action

Some less serious cases of alleged bullying or harassment may be resolved by informal action providing the complainant is in agreement.

The manager receiving the complaint should discuss the matter fully with the complainant, and then with the alleged perpetrator. If the manager reasonably believes that bullying and harassment has occurred, the perpetrator will be counselled about his/her behaviour and if necessary, additional supervision and/or training will be given.

If the manager, on the balance of probability, cannot decide whether or not there has been bullying or harassment, the appropriate standards of behaviour, as set out in the code of conduct, must be stressed to all parties.

If the perpetrator does not acknowledge that his/her behaviour is unacceptable or is not responsive to remedial action, or if the bullying is considered to be of a serious nature, the matter should be referred to the formal procedure.

Suspension or removal pending investigation

If the complaint is of a serious nature, the employer may consider temporary transfer or suspension with pay of the alleged perpetrator in accordance with the college disciplinary procedure while the investigation is underway.

Formal Procedure

A complaint referred to the formal procedure will not proceed until there has been a full investigation. This will be conducted by an investigating officer agreeable to both parties (or one appointed by the Head of Human Resources where agreement can not be reached).

The investigating officer will arrange to interview both parties separately, in order to determine the facts of the complaint. Each party may be accompanied at the interview by their trade union representative. Such interviews will be conducted without delay, and any notes or statements taken will be read back to the relevant party and then signed by those present. Where practical, these interviews will take place within ten working days of receipt of the original complaint. Any witnesses identified during this process will also be interviewed by the investigating officer and signed statements will be taken.

Upon completion of the interviews and after consideration of any documentary evidence, and taking proper account of the definitions and examples of inappropriate behaviour given in this policy, the investigating officer will produce a report that concludes, on the balance of probabilities, whether the complaint is substantiated or not. The investigating officer will then write to both parties summarising the outcome of the findings of the investigation.

If the complaint has not been substantiated, the parties will be advised that no further action will be taken.

If the complaint has been substantiated, the parties will be advised that the matter may be considered further at a disciplinary hearing. A copy of the investigation report will be made available to the manager of the alleged perpetrator who will then need to decide whether a formal disciplinary hearing is necessary, or whether the matter may be open to resolution by mediation.

If the investigating officer concludes that the complaint is of a malicious nature then this should be stated in the report, and the parties advised that this may result in disciplinary action against the complainant.

Review

If either party believes that the investigation was not carried out fairly, or was flawed in any way, they may seek a review of the evidence by the employer’s Head/Principal (or his/her nominee). A review will only be carried out upon a written request from one of the parties setting out the areas of concern. The request must also be received within five days of the relevant party being notified of the outcome of the investigation. The review is not a fresh investigation and will only look at the matters of concern. Following the review the parties will be notified whether, as a result, the original findings stand or will be changed.

Records and reports

A confidential record of the complaint, investigation and conclusion will be retained by the Human Resources Department. The investigation report and any witness statements will only be made available to both parties in the event that a disciplinary hearing is to take place.

Mediation

In some cases, where bullying or harassment is unwitting or of a less serious nature, mediation between the parties will be considered. This will involve using a trained mediator agreeable to both sides. However, mediation will not be forced upon an unwilling party. If mediation is not deemed to be working the perpetrator will be redeployed elsewhere in the organisation in order to minimise contact between the parties. If bullying or harassment reoccurs then this will be investigated under the formal procedure above, and where substantiated, the matter referred immediately to a disciplinary hearing.

Mediation is not considered suitable when serial bullying is involved or for more serious cases of harassment.

Disciplinary Action

Where following a hearing, disciplinary action is to be taken against a perpetrator, this will usually be in line with established disciplinary procedures. However, in extreme or serious cases, the conduct will be regarded as gross misconduct and lead to dismissal, with or without notice.

Counselling and Support

Staff who have been targets of bullying or harassment may as a result suffer from low self esteem, anxiety, lack of confidence or even stress. All those who have been bullied or harassed will be offered paid time off work to visit a confidential counsellor.

Staff who have perpetrated bullying or harassment may also require paid time off to receive support and counselling to help them come to terms with their own behaviour and make changes in their conduct.

All such counselling and support will be confidential, and can be arranged through the Human Resources department.

Rehabilitation

Staff who suffered ill health as a result of bullying and harassment will be entitled to rehabilitation support in the form of a return to work on reduced hours, adjustment of their workload, and other measures by agreement with their line manager.

Monitoring the Policy

The employer undertakes to monitor and review this policy. A joint Employer and Union group will be set up to perform this task. The group will carry out an attitude survey among staff every year, and will also collect information from exit interviews. Staff turnover rates by department and sickness records will also be made available to the group upon request. The group will make its recommendations to the Employer JCNC.

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