CENTRAL MANCHESTER AND MANCHESTER CHILDREN’S

UNIVERSITY HOSPITALS NHS TRUST

FAIR TREATMENT POLICY

  1. POLICY STATEMENT

Within the context of the Trusts Equality and Diversity policy it is the responsibility of the Trust to create a culture in which all employees have the right to be treated with dignity and respect, free from intimidation and harassment.

The Trust recognises unfair treatment as a serious offence and will not tolerate any form of harassment by employees. It can be unlawful and is upsetting and humiliating. Unfair treatment may effect physical and mental health and lead to poor work performance and to absenteeism.

Any complaint of unfair treatment must not be ignored and all cases must be dealt with promptly, confidentially and fairly

  1. AIM

The aim of this policy is to:

  • Increase awareness of the unacceptability of any form of unfair treatment.
  • Provide a mechanism for complaints to bring forward cases for resolution.
  • Communicate the supporting infrastructure
  1. DEFINITIONS

Bullying

This is defined as ‘The unwanted behaviour, one to another, which is based upon the unwarranted use of authority or power’

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.

Racial or sexual harassment or harassment based on for example sexuality or disability, may take the form of bullying.

Harassment

In general terms, harassment can be described as any unwanted behavior, or perceived unwanted behavior, which an individual finds intimidating, upsetting, embarrassing, humiliating or offensive. Stalking is an extreme form of harassment.

Harassment is identified by the effect that it has on the recipient, not by the intention/ non-intention on the part of the perpetrator

People can be subject to undignified behavior on a wide variety of grounds, examples of these are:

  • Race, ethnic origin, nationality and skin colour
  • Gender or sexual orientation
  • Willingness to challenge harassment (leading to victimisation)
  • Membership or non-membership of a Trade Union
  • Disabilities, sensory impairments or learning difficulties
  • Status as an ex-offender
  • Age
  • Real or suspected health status
  • Physical characteristics
  • Personal beliefs
  • AIDS/ HIV (real or suspected)

LEGAL FRAMEWORK

Harassment on the grounds of sex, race, disability, sexual orientation and religion are all prohibited by UK law. Employers are liable for the activities of their employees where they know, or should know, about their conduct and take no action to prevent inappropriate behaviour. Harassment on the grounds of age is currently unlawful within EC legislation.

Employees should be aware that claims may be brought against them under the Protection from Harassment Act (1997) where victims can call upon the police to investigate instances of harassment at work or outside work. The maximum sentence for the criminal offence of harassment will be six months imprisonment and/or fine.

Employees are able to bring complaints under laws covering discrimination and harassment. For example:

  • Sex: the Sex Discrimination Act gives protection against discrimination and victimisation on the grounds of sex, marriage or because some one intends to undergo, is undergoing or has undergone gender reassignment.
  • Race: the Race Relations Act gives protection against discrimination and victimisation on the grounds of colour or nationality. The regulations that amended the Act (Race Regulations 2003) also give a stand alone right to protection form harassment on the grounds of race and ethnic or national origin.
  • Disability: the Disability Discrimination Act 1995 gives protection against discrimination and victimisation.
  • Sexual Orientation: the Employment Equality (Sexual Orientation) Regulations 2003 give protection against discrimination and harassment on the grounds of sexual orientation (orientation is defined as ‘same sex’ – lesbian/ gay – ‘opposite sex – heterosexual and ‘both sexes’ – bi-sexual)
  • Religion or Belief: the Employment Equality ( Religion or Belief) Regulations 2003 give protection against discrimination and harassment on the grounds of religion or belief.

Unacceptable Behaviour

In all cases it will be for the recipient to define what inappropriate behaviour is although typical examples will include:

  • Derogatory comments, remarks, jokes
  • Insulting behaviour or gestures
  • Offensive or suggestive literature or remarks
  • Embarrassing, threatening, humiliating, patronising or intimidating remarks
  • Unwanted physical contact
  • Physical or verbal assault
  • Unwelcome sexual advances
  • Undermining a person’s self-esteem
  • Wearing offensive clothing, motifs or attire
  • Ignoring or excluding someone

‘At work’

This includes any place where the occasion can be identified with either the requirements of the employer, or with social events linked to the same employment. It includes any place where NHS care is delivered.

  1. SCOPE

The policy applies to all workers employed by the Trust.

The policy will also cover the investigation of complaints of harassment or bullying made by contract staff against Trust employees.

Violence, aggression or harassment of Trust employees by patients, members of the public or contract staff is addressed under the Trust’s Health & Safety procedures.

Employees failing to fulfil their responsibility under this policy may be subject to disciplinary action and single offences which amount to a serious breach of this policy, or repeated offences which have previously been subject to disciplinary action, may result in dismissal in accordance with the Trust’s Disciplinary Procedure.

  1. THE EMPLOYEE’S RESPONSIBILITIES

Every employee has a responsibility to behave in a manner which is not offensive to others maintaining the dignity of colleagues. Employees have a responsibility to appropriately challenge unacceptable behaviour rather than ignore it. See section 9 for support sources available.

  1. THE MANAGER’S RESPONSBILBITES

All those with staff management responsibilities have a particular responsibility for ensuring this policy is implemented by communicating the policy and resolving any instances of harassment or bullying quickly and confidentially.

Managers are expected to be a role model in behaviour that demonstrates fair treatment at work.

  1. TRADE UNION RESPONSIBILITIES

All trade union representatives are expected to communicate and raise awareness of the policy and to provide support and assistance to staff and managers in order to resolve instances of harassment or bullying.

Trade Union Representatives are expected to be role model in behaviour that demonstrates fair treatment at work.

  1. SUPPORT SOURCES

Advice and support may be obtained from any of the following:

  • Line Manager (if appropriate) or other senior manager that is approachable
  • Trade Union Representative
  • Human Resource Manager or Human Resource Advisor
  • Individual Professional Organisation
  • Fair Treatment Advisors
  • Nominated mentor

All staff directly involved in complaints of unfair treatment will receive regular confidential updates of the progress of the informal/ formal action being taken.

STAFF SUPPORT SERVICE

  • Individuals can self refer and access this service even when off on sick leave. The service can also be used during working hours.
  • Outside counselling organisations.
  • Counselling is also available through GP’s
  1. CONFIDENTIALITY

Confidentiality is vital so that staff feel able to raise a complaint without the fear of it becoming a subject of gossip. All staff involved in any complaint, investigation or subsequent action have a responsibility to maintain strict confidentiality.

Breaches in confidentiality may be dealt with using the Trust Disciplinary Procedure.

  1. MALICIOUS COMPLAINTS

It is extremely rare, but occasionally after the investigation has been completed it is evident the complaint has been made maliciously. In this event the complainant will be subject to disciplinary action. It must be stressed, however, that this should in no way deter genuine complaints of unfair treatment, which will be dealt with sympathetically, with a view to a constructive outcome.

  1. MONITORING

All complaints of unfair treatment will be recorded on the Employee Monitoring form, a copy of which is attached (Appendix B). It is the responsibility of the person to whom the harassment or bullying is reported, to complete the form and to forward the completed form, in confidence, to their Divisional Human Resource Advisor.

The monitoring forms will be compiled annually to provide a detailed report including trend analysis and action taken.

  1. TRAINING AND AWARENESS

This policy will be drawn to the attention of all new employees as part of the induction process. A leaflet outlining the main features of the Policy will be included as part of the employees induction package. Employees will be advised that full copies of the policy are available via the Intranet or in the Employment Policy & Procedures Manual which is available in every ward or department.

The Trust recognises that successful implementation of this policy requires a range of appropriate training interventions across all levels of the organisation.

Managers will receive skills training in how to carry out their responsibilities under the policy as part of the ongoing management development programmes.

Fair Treatment Advisors, who will be staff selected from a range of backgrounds across the Trust, will be provided with tailored training in order to support staff effectively.

Key staff responsible for resolving complaints will receive appropriate training.

15PROCEDURE FOR DEALING WITH COMPLAINTS

In dealing with a complaint of unfair treatment an individual may choose, in the first instance, to tackle the problem informally. This does not undermine the serious nature of unfair treatment but it may be less upsetting to those concerned.

If this action is unsuccessful, or if the nature of the harassment and/ or bullying is sufficiently distressing, the individual may request that formal investigation be undertaken.

Although the decision to proceed with a complaint has to be made by the individual, employees must not be discouraged from progressing with the formal procedure if they prefer this option. Support is available as detailed in section 9. In exceptional circumstances where legal obligations need to be met the complainant will need to be advised if formal action is required.

There may, however, be instances where the seriousness of the complaint warrants formal disciplinary action and possibly criminal proceedings. In such circumstances the Trust must give consideration to both the individual complainant and the larger workforce taking action.

It is important that employees keep a diary of all incidents, records of dates, times and any witnesses, feelings etc. Copies of relevant documentation should be kept including reports, letters, memo’s and notes of meetings. Bullying and harassment often reveal themselves through patterns of behaviour and frequency of incidents.

A flow chart detailing the process and approaches is attached at Appendix A.

16INFORMAL PROCEDURE

Any employee who feels that they or others have a complaint which breaches this policy, have a variety of options within the informal procedure these include:

  • Tell the person(s) directly concerned that their behaviour is offensive, unwanted and that it should stop.
  • Put the issues in writing directly to the person concerned, keeping a dated copy of the letter.
  • Ask a manager, work colleague or Trade Union representative to speak to the person(s) on their behalf.
  • An employee’s manager may feel that Training or development of the team to address the culture and raise individuals’ awareness of acceptable and unacceptable behaviour at work may be appropriate. This is to be discussed with the employee as an option.
  • Mediation

Informal action is a serious response to allegations of unfair treatment. The resolution of complaints using the informal approach may also lead to more long lasting solutions.

Informal action may be sufficient to halt the harassment or bullying especially if the alleged is unaware that s/he is casing offence.

16.1Mediation

The Trust mediation service can also provide assistance through informal resolution:

Mediation is a voluntary process whereby a neutral third party intervenes into a conflict or dispute situation to help the parties reach a satisfactory outcome.

Mediation creates a safe environment where all parties are able to communicate and work towards the restoration of a positive working relationship. Mediation is a structured process, which encourages all parties to identify, consider and discuss their own, and each other’s current and future needs. The Trust mediators encourage and facilitate open and honest communication; this often leads to increased awareness, understanding and empathy.

A mediation referral form is attached (Appendix C)

17FORMAL PROCEDURE

The formal procedure will be invoked:

  • If the seriousness of the incident determines this route, or
  • If the complainant expressly wishes to make a formal complaint, or
  • If all attempts at informal resolution have failed.

Should the formal approach be initiated following attempts for informal resolution, a full and impartial review of all informal action will be conducted as an alternative to an investigation.

The review will involve an impartial manager and HR representative reviewing the informal action that had been undertaken, assessing the processes and the decision making. It will not result in a new investigation being undertaken.

17.1Right to be Accompanied

Employees have the right to be accompanied at any stage of the Formal Procedure by either an accredited Staff Representative(s) or full time official(s) of a recognized staff organisation, or by a fellow worker who must be an employee of the Trust. Where reference is made in the procedure to an ‘accredited staff representative’ this should also be taken to mean a full time official as appropriate.

Employees have no right under this procedure to be accompanied by anyone else (e.g. a spouse, partner, other family member, or legal representative) other than those persons previously referred to.

17.2Investigating a Complaint
It is important to deal with complaints quickly and thoroughly (see time limits set out in section 17.3)

Confidentiality must be maintained as far as possible and the rights of all the individuals concerned must be considered. The investigation should be conducted by an appropriate manager. The Human Resource Directorate will provide advice and guidance during the investigation.

The sensitive nature of harassment or bullying poses additional challenges during the investigation, therefore, such investigations must be conducted promptly, thoroughly and impartially with due regard for the rights of both the complainant and the alleged bully or harasser. For these reasons, the following guidance must be observed:

  • The investigator(s) must not be connected with the allegation
  • The investigation must be based on objectivity rather than preconceptions
  • Confidentiality must be maintained by everyone involved, including witnesses, at all times.

In cases where a serious allegation is made then it may be appropriate to consider the possibility of moving the alleged harasser or bully to another work area whilst the investigation is conducted. If this is not possible consideration may need to be given to suspending the alleged harasser or bully from duty, on full pay, until the investigation has been completed. HR advice must always be sought prior to suspending any member of staff.

17.3Time Limits

The objective will be to complete the Formal Procedure (excluding weekends and public holidays) in 15 working days, i.e. a maximum of three working weeks. In certain circumstances, however, it may be necessary to extend the time limit with the agreement of both parties. In most circumstances the complex nature of cases often results in an extension to the time limit.

17.4Stage 1

The complainant should raise the matter either in writing or verbally to an appropriate person e.g. manager, human resources or a trade union representative.

An investigating officer will be nominated who will explore in detail the complaint with the complainant.

17.5 Stage 2

The Line Manager or the Investigating Manager will meet with the employee against whom the complaint has been made, to inform him/her of the nature of the complaint and that the matter is to be formally investigated and these details must be confirmed in writing.

The Investigating Manager should carry out a full investigation, collecting evidence and/or taking statements from the complainant, the alleged harasser/bully and any witnesses.

17.6 Stage 3

Following the outcome of the investigation the Investigating Manager should hold separate meetings with both parties and their representatives and report on the outcome of the investigation, including any action that will be taken e.g. No case to answer but recommendations made or case to answer and disciplinary procedures invoked.

The Investigating Manager’s decision will include consultation with the Line Manager of the employee(s) against whom the complaint has been made, who will attend if necessary. The outcome of the meetings must be confirmed in writing to both parties.

Any action agreed under 17.5 above should be monitored and reviewed by the Line Manager at a dated agreed by both parties.

If the investigation determines there is a case to answer reference to the Trusts Disciplinary Procedure Section 9 Formal Stages of the Disciplinary Procedure for action.

18RIGHT OF REVIEW

If either the complainant or the alleged harasser/bully is not satisfied with the outcome of the Formal Procedure then he/she can write to the Director of Human and Corporate Resources, within ten working days of receipt of the Investigating Manager’s letter confirming the outcome of Stage 3, to request a review.

The review with involve an impartial manager and HR representative reviewing the investigation that had been undertaken, assessing the processes and the decision making. It will not result in a new investigation being undertaken.

19DATE OF OPERATION

This policy has been agreed with Staff Side representatives and adopted by the Trust Board with effect from 1st February 2006. The policy will be reviewed no later than 31st January 2008 or, if required, by changes in legislation, significant developments in employment law practice or at the request of the Joint Secretaries of the Trust Negotiating and Consultative Committee.

20ASSOCIATED POLICIES

Disciplinary Procedure

Grievance Procedure

Equality and Diversity in Employment.

APPENDIX A