Model bullying and harassment policy

NHS Employers has provided a model policy template on staff-on-staff bullying and harassment.

1. Purpose

As an equal opportunities employer, the trust supports a working environment for individuals in which dignity at work is paramount. The purpose of this policy is to support a working environment and culture in which bullying and harassment is unacceptable.

2. Personnel

This policy applies to all staff working within the trust, employees, visitors, patients, contractors and staff from other organisations working on trust premises.

3. Area

This policy will apply to all trust premises and all trust personnel working in other premises.

4. Actions

4.1. Principles

The trust recognises that all employees have the right to be treated with consideration, dignity and respect. The trust seeks to support all staff in their professional development and aims to provide a happy and fulfilling environment in which to work. This policy promotes the respectful treatment of staff within our trust and the protection of our employees from bullying and harassment at work. Bullying and harassment will not be tolerated by the trust in any form.

Each member of staff carries personal responsibility for their own behaviour in relation to this policy and are responsible for ensuring that their conduct is in line with the standards set out in this policy. Staff should report to the appropriate manager, or trade union representative, or human resources manager, or bullying and harassment advisor, any incidents of bullying and harassment which come to their attention.

Allegations raised regarding bullying and harassment will be taken seriously and treated confidentially. The trust gives an assurance that there will be no victimisation against an employee making a complaint under this policy or against employees who assist or support a colleague in making a complaint.

Bullying and harassment may be treated as a disciplinary offence and, where allegations are founded, may lead to summary dismissal. Disciplinary action may also be taken if a complaint is found to have been submitted maliciously or in bad faith.

4.2. What is bullying and harassment?

Harassment, in general terms is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.

Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual. Appendix 1 gives examples of unacceptable behaviours that can be considered to constitute bullying and harassment.

4.3. Responsibilities of staff and managers

All staff have personal responsibility for their own behaviour and for ensuring that they comply with the policy. There are a number of things that staff can do to help prevent harassment, such as:

• Set a positive example by treating others with respect.
• Be aware of the trust's policy and comply with it.
• Do not make personal comments.
• Do not accept behaviour that may be offensive when directed against you or others, and take positive action to ensure that it is challenged and/or reported.
• Be supportive of colleagues who may be subject to bullying and/or harassment.

If you are subject to bullying and/or harassment but do not feel able to talk about it yet, make notes including dates and details which will help you recall events clearly at a later date. Staff can also contact their human resources manager or union representative or a trained support worker for advice and support.

All managers have a responsibility to implement this policy and to bring it to the attention of staff in their work area, in order to establish and maintain a work environment free of harassment. They must:

• treat a complaint seriously and deal with it promptly and confidentially, giving the employee and the alleged perpetrator full support during the whole process
• set a positive example by treating others with respect and setting standards of acceptable behaviour; also, promote a working environment where harassment is unacceptable and not tolerated
• tackle, and where possible, resolve incidents of harassment
• consult with their human resources manager at any time for advice and support.

4.4 Role of HR/personnel department

The HR/personnel department have a responsibility to ensure that the policy is followed, fairly and consistently. Their duties will involve:

• advising managers on the application of the policy
• advising managers and staff where individuals feel that they are being harassed or bullied in the course of their employment
• ensuring the effective implementation of the policy
• monitoring incidence of bullying and harassment and initiating appropriate action
• reviewing and amending the policy as necessary.

4.5 Support and advice

The trust is committed to achieving informal resolution of complaints relating to harassment wherever possible.

In line with this approach, a series of options have been put into place to enable staff to be supported. This support will be provided to complainants, alleged perpetrators and any witnesses.

Trained support workers

The support workers are drawn from a wide range of jobs across the trust and have been provided with specialist training. They are an independent and confidential resource. As part of their role they; provide empathetic assistance to staff with complaints of bullying and harassment, explain how the procedures for making a complaint operate both informally and formally and they help establish and provide support for both alleged harassers and complainants through the process.

Counselling

The trust provides a confidential external service for its staff. This service offers 24-hour telephone support with confidential face to face counselling sessions.

Occupational health service

Any member of staff who is involved in a claim of bullying and harassment may find it helpful to talk to the occupational health service. All employees have a right to self refer into occupational health.

Trade unions

The trust recognises the important role trade unions play in addressing harassment and members are encouraged to approach these representatives regarding their concerns. The trust will work in conjunction with the trade unions in addressing unacceptable and inappropriate behaviours.

Independent mediators

Trust mediators are specially trained to facilitate informal outcomes where possible between those who have raised concerns and the people that they have concerns about. Mediators are drawn from human resources and trade unions, but operate independently of these roles for the purposes of mediation.

4.6 Informal procedure

Employees are encouraged to discuss any concerns about harassment with a trained support worker, human resources, a trade union representative or occupational health.

Actions you can take yourself:

• Keep a diary of all incidents - records of dates, times, any witnesses, your feelings etc. Keep copies of any correspondence that may be relevant, for example reports, letters, memos, notes of any meetings that relate to you.
• In many instances it is possible for the complaint to be resolved quickly by explaining directly to the harasser the effect their behaviour is having and that you want it to stop.
• You should always make it clear that if it continues you will make a formal complaint.
• If the behaviour of a person is aggressive it may be necessary to walk away making it clear you do not wish to be spoken to in that way.

If you do not feel able to raise your concerns with the person directly, you could write to them stating that you feel harassed, state where and when this occurred and how you wish to be treated. Always keep a copy. Alternatively, you could speak to an harassment advisor, human resources manager, a trade union representative or occupational health.

Mediation

If you feel unable to deal directly with the alleged harasser, then as part of the informal procedure you may contact one of the trust mediators. The mediator will discuss and agree with you the steps to be taken to assist in resolving the difficulties.

The mediator will normally meet with both parties individually before advising on next steps of the mediation process. Possible options would include a further meeting between both parties, facilitated by the mediator. At this meeting the complainant will be given the opportunity to explain to the individual the reasons why they consider their behaviour to constitute harassment. Where possible the matter will be resolved through informal discussion and agreement about future behaviour.

4.7 Formal procedure

If informal attempts to resolve the situation have not been successful, or if you feel that the acts complained may not be resolved informally, this may be raised with your line manager, your trade union representative, or a human resources manager, who will advise on the next steps, for example, formal investigation.

A decision to conduct a formal investigation should be made by a senior manager jointly with the human resources manager.

Where an investigation is deemed appropriate, it should be conducted independently by a line manager and a human resources manager and allow the appropriate involvement of trade union representation of the individuals involved. This investigation and any action arising from it will be carried out in line with the trust disciplinary procedure.

If, following investigations, it appears that harassment/misconduct has occurred, the investigating HR manager and line manager will recommend the appropriate course of action in line with the trust's disciplinary procedure. A detailed response will be given to both parties outlining the results of the investigation and what action, if any, is being taken in respect of the complaint. This may result in a meeting under the trust disciplinary policy being convened and the behaviour being viewed as serious misconduct. This may also apply in cases where the complainant's behaviour is deemed to be malicious.

The trust has set a target of two months for completing formal investigations. However, given the complexities of some issues, this may not always be achievable. Timescales will be discussed in more detail with the individual concerned.

4.8 Follow up

Following resolution of both formal and informal harassment complaints, a record should be kept of the incident. Where harassment did occur, it is important to check that the harassment has stopped and that there has been no subsequent victimisation. Monitoring will be carried out on a regular basis.

4.9 Confidentiality

All employees involved with the investigation and any subsequent process are required to respect the need for confidentiality.

All complaints, associated correspondence and interviews will be treated in strict confidence. Breaches in confidentiality will be subject to disciplinary action.

5. Training

The trust will make the following training provisions:

• New staff will be made aware of the policy during induction programmes.
• Existing staff will receive bullying and harassment awareness training.
• Management will be trained to handle complaints effectively.
• Training will be provided for mediators and support workers.

6. Related documents

• Health and Safety at Work Act 1974
• Sex Discrimination Act 1975 (as amended by the Sex Discrimination Act 1986)
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Criminal Justice and Public Disorder Act 1995
• Employment Rights Act 1996
• Protection from Harassment Act 1997
• Crime and Disorder Act 1998
• Race Relations (Amendment) Bill 2000
• Employment Act 2002
• Employment Equality (Sexual Orientation) Regulations 2003
• Employment Equality (Religion or Belief) Regulations 2003

Appendix 1

Examples of unacceptable behaviours that can be considered to constitute bullying and harassment:

• Bullying by exclusion - this may take the form of social isolation and/or exclusion from meetings
• The deliberate withholding of information with the intention of affecting a colleagues performance
• Unfair and destructive criticism
• Intimidating behaviour
• Verbal abuse and spreading of unfounded rumours
• Humiliation or ridicule
• Setting of unrealistic targets which are unreasonable and/or changed with limited notice or consultation
• Copying memos that are critical about someone to others that do not need to know

This list is not exhaustive.