Appendix A
DIGNITY AT WORK POLICY
& CODE OF PRACTICE
Section 1 The Policy
Aim of the Policy
Policy Statement
Definitions
This Policy and the Law
Responsibility for the Policy, Practices and Procedures
Section 2 Actions Within The Policy
What You Can Do
Your Options
Support and Advice
Rights to Privacy
Handling Your Formal Complaint
Redeployment
Section 3 Equal Opportunities Provisions
Avoiding Unlawful Discrimination
Race Relations
Disabled Persons Employment
Employment of People who are HIV Positive or Develop HIV related Illnesses
Review of Procedures
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SECTION 1
The Policy
Aim of the Policy
Reigate & Banstead Borough Council considers that discrimination, harassment, bullying or victimisation in whatever form - are harmful to employees, employers and their clients/customers alike. They can subject individuals to fear, stress and anxiety. Work, personal and family life can be affected, and acts of discrimination, harassment, bullying or victimisation can lead to illness, accidents, absenteeism, poor performance, an apparent lack of commitment, and people leaving. Thus they have an impact on the effectiveness of the Council.
Individuals who are harassed, discriminated against, bullied or victimised are often made to feel vulnerable and powerless, and can be reluctant to complain, preferring to suffer silently rather than risk reprisals. They may want to avoid any chance of attention being focussed on them or on their situation they just want the behaviour to stop.
The Council also believes that promoting equal opportunities is desirable, not only for the employees or clients/customers it affects, but also for the wellbeing of the Council in general. Equal opportunities promotes fair employment, increases morale, decreases discontent, is good for employer-employee relations and acknowledges the Councils most important resource, its employees and provides balanced public services.
To these ends the Council has produced this Dignity At Work Policy (DAW). It is envisaged that the Policy will inform, guide and encourage DAW employment practices and relationships between employer, employee and clients/customers associated with the Council. The Policy is stated and defined in Section 1 of this document, but the policy itself does little to promote these practices. It is therefore important that all employees read this document, are fully aware of its contents and understand their role, outlined in this Section 1, for ensuring that the policy is understood and acted upon.
Complaints about breaches of the Dignity At Work Policy will be treated seriously, and where appropriate the Council will use its disciplinary procedures against transgressors or take other appropriate action. Section 2 outlines the process that a complainant should follow. Section 3 details the Equal Opportunity practices necessary to support the principles of the Policy.
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The Dignity at Work Policy encompasses the Councils previous policies on Equal Opportunities and Sexual and Other Forms of Harassment. This DAW policy covers all aspects of the
Councils employment, employment practices, service delivery and the formulation and implementation of other policies.
Policy Statement
Reigate & Banstead Borough Council are committed to providing a working environment in which any employee, volunteer or client/customer:
Is treated with dignity, respect, courtesy and fairness and is free from harassment, bullying, or victimisation, and
Do not experience any form of discrimination on the basis of his or her colour, race, creed, sex, sexual orientation, marital status, HIV status or disability. This list is not exhaustive, and the policy aims to exclude any forms of unfair discrimination, on whatever basis.
The Code of Practice and Procedure that arise out of this Policy seek to prevent all forms of offensive and unfair behaviour. Whether or not such behaviour is unlawful, the Council views it as a disciplinary offence.
Definitions
Broadly any behaviour by an offender which is unwanted, unwelcomed and unreciprocated by the recipient undermines that persons Dignity at Work. This encompasses any behaviour which might unreasonably threaten a persons job security, promotion prospects or create an intimidating working environment for an employee or volunteer.
If any behaviour towards an employee or volunteer from another person at work, including a client/customer, councillor or contractor has overtones which the recipient finds offensive, the recipient has the right to have it stopped. Similarly clients/customers have a right to expect freedom from harassment when receiving services from the Council.
Unacceptable behaviour can take many different forms, and can range from physical attack to more subtle conduct that makes the recipient feel uneasy. It includes actions, jokes, or suggestions which might create a stressful working environment. Such behaviour can be persistent, or can take the form of an isolated incident towards one or more persons. It can be physical contact, spoken, written or acted out.
It excludes legitimate actions by a manager to encourage a subordinate to perform against Key Tasks and within Key Areas, and to manage their performance accordingly. Similarly it excludes actions taken within the Disciplinary Procedure. It does not exclude, though, persons in authority who use their position to bully, abuse or harass others, or assume a threatening or intimidating management style.
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Specifically a persons right to Dignity At Work will be regarded as having been breached if the recipient suffers harassment or bullying or any act, omission or conduct which causes him or her to be alarmed or distressed including, but not limited, to any of the following:
Behaviour on more than one occasion which is offensive, abusive, malicious, insulting or intimidating;
Unjustified criticism on more than one occasion;
Punishment imposed without reasonable justification, or
Changes in duties or responsibilities to the detriment of the employee without reasonable justification.
Such unacceptable behaviour may take the form of sexual, racial or disability harassment; harassment on the basis of religious belief, age or sexual orientation; or bullying and victimisation.
This Policy and the Law
There are various statutory provisions, specifically the Race Relations Act 1976, the Sex Discrimination Acts of 1975 and 1986, the Equal Pay Act 1970 and the Disability Discrimination Act 1995, which affect equal opportunities in employment, and dignity within the workplace.
The Dignity At Work Policy is intended to include and take account of the Councils legal obligations under these Acts, together with practices recommended by the Commission for Racial Equality and the Equal Opportunities Commission. See Section 3.
Responsibility for this Policy and Procedures
The following have specific responsibilities:
Council / Has the direct responsibility to review and revise procedures and monitoring methods to ensure equality of opportunity and the effectiveness of the Dignity at Work policy.Members / To support the policy in principle and practice ensuring that Council services are available to all members of the Community and setting a good example by treating all employees and clients/customers with dignity and respect.
Chief Executive / To ensure that the policy is implemented and that management observes its' responsibilities and that their behaviour towards staff at all levels does not involve any form of harassment or discrimination.
Head of Personnel / For the provision of specialist advice, the setting of guidelines for the implementation and operation of the policy, for the introduction of training, and the monitoring and reporting annually to Council of the policys effectiveness.
Senior Management / To have responsibility for ensuring that staff operate the policy, that the services they provide are available to all members of the community in accordance with this policy, and that they observe their responsibilities so that their behaviour is of the highest standard.
Trade Unions / For co-operation with management in the introduction, implementation, and monitoring of the policy. The Council recognises the need to have full consultation with the trade unions on the contents of the policy and the arrangements for its operation.
However this policy is particularly related to relationships between individuals, and to manager-subordinate relationships. As such the onus for implementing this policy depends on these groups for its effectiveness. Their responsibilities are outlined as follows:
Employees / It is the responsibility of all employees within the Council, whatever their level or status, to ensure that: They understand clearly what the policy requires of them.
They make sure that their own conduct does not cause offence or misunderstanding.
They are not afraid to stand up to behaviour that they find unacceptable, and are prepared to support colleagues who are being harassed, bullied, victimised, or being discriminated against.
Managers / Have a responsibility:
To set a good example by treating all employees and clients/customers with dignity and respect;
To be alert to, and correct, unacceptable behaviour within the work areas for which they are responsible;
To ensure that all their staff and volunteers are aware of the Policy and Code of Practice, and know how to raise issues;
To support Officers or volunteers if they (the Managers) witness unacceptable behaviour by clients/customers, explaining politely but firmly to them that such behaviour is unacceptable;
To deal with any complaints or allegations which come to their attention appropriately, effectively and confidentially, respecting the rights of all the parties;
To ensure that the complainant is not victimised or retaliated against for bringing the case forward;
To implement the policy.
The Council will communicate this policy to all potential and actual employees and specific mention of this policy will be made in all relevant internal courses. Wilful failure to observe the policy will be regarded as a disciplinary offence.
Section 2 outlines the processes by which an individual may take informal or formal action under the term of this Policy and Code of Practice. SECTION 2
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SECTION 2
Action Within The Policy
What You Can Do
In the following paragraphs, an offence is regarded as unacceptable behaviour within the terms of this policy. It may therefore be harassment of a sexual, racial or other nature, or bullying, or victimisation. It may be that you have been unfairly discriminated against in some way. What is important is that you have suffered behaviour that you have not wanted, and/or have not welcomed, and which you have found unacceptable within the terms of this Dignity At Work Policy.
Informal Action
If you experience an offence you will want it to cease as quickly as possible. You may wish to seek support and advice before deciding what to do. Details of support and advice arrangements are set out in the section headed Support and Advice below.
Depending on the nature of the offence it may be in everyones best interests to resolve it informally without making a formal complaint. However, even if you do not wish to take formal action you are advised to keep a written record of the time, date and place of the incident, the name(s) of those involved, what actually happened and the names of any witnesses. You may need this if there is subsequent repetition and you decide that formal action is necessary.
During the informal stages you are advised to involve your line manager so that s/he can give advice and support and help monitor the situation.
If the nature of the offence continues, or if you decide to take formal action without first taking steps to resolve it informally, you must meet with your Line Manager and inform him/her of your grievance at the same time as putting it in writing to your Business Manager. If the grievance concerns the Line Manager take it to your own Business Manager; complaints about your Business Manager should be directed to your Director; any complaint concerning your Director should be directed to the Chief Executive. At any stage if you are a member of a union you may wish to consult your representative. You must include all the points that you have recorded, as recommended earlier.
Support and Advice
If you experience an offence at work your Line Manager will aim to assist you in the first instance through using observation, interviewing, communication and counselling skills. He/she will also assess the need for occupational health advice. Where the harassment is shown to have a detrimental affect on your life and health either inside or outside of work, you may be referred to the Council's Medical Adviser. The Medical Adviser will assess if further counselling is necessary and the appropriate action will then be taken. The Council will fully support you during this difficult period.
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You may also seek advice and support from the Head of Personnel, the Assistant Personnel Manager or your Trade Union representative if you are a member.
Female employees may prefer to speak to the designated female Officer within PACTS. Black or ethnic minority employees who experience some form of racial harassment may wish to seek the advice of the designated Officer with responsibility for race issues. Please check with PACTS for the name of the designated Officers.
These designated Officers may act as your representative at any subsequent investigation or disciplinary hearing which may take place if this is your wish, as an alternative to a Trade Union or Staff Association representative.
Rights to Privacy
Your rights to privacy will be protected and whether you seek advice from your own Manager, the Head of Personnel, the Assistant Personnel Manager or one of the designated officers, no information will be given to anyone else without your agreement.
Handling your Formal Complaint
If the informal assistance has not resolved the situation to your satisfaction, you may wish to raise this formally through more senior management. Your first step should be to put the matter in writing to your Business Manager who will send you written acknowledgement of your complaint within three working days of its receipt and arrange a meeting with you. Once s/he feels that s/he understands your complaint fully s/he will begin a formal investigation into the matter. Your manager in consultation with you, will discuss the information needs of the group of people affected by the complaint, in most cases this will be your working team.
As part of the investigation your Business Manager will meet with you, your representative and an Officer from PACTS. The investigation will commence within fourteen days of receipt of your written complaint. Where the alleged offender is a Council employee, Councillor, contractor or volunteer, he or she will be told of the complaint and will be asked about the incident and will be expected to provide a written statement.