Policy on the Management of Complaints of Harassment Or Bullying

POLICY ON THE MANAGEMENT OF COMPLAINTS OF HARASSMENT OR BULLYING

Document Information

Version:

2.1

Date:

12 October 2010

Ratified by:

King’s Executive

Date ratified:

27 September 2010

Author(s):

Keith Loveridge, Employee Relations Manager

Responsible Director:

Executive Director, Workforce Development

Responsible committee:

Joint Consultative Committee

Date when policy comes into effect:

27 September 2010

Review date:

2013

Target Audience:

Location of document:

Document History

Document replaces: Harassment and Bullying v1.3

Replaced document archive location: x:\trustwide policies\archive\harassment and bullying

Consultation distribution (before ratification)

Reviews and updates

Dissemination schedule (after ratification)

Index:

1.PURPOSE AND SCOPE

2.PRINCIPLES

3.WHAT IS HARASSMENT AND BULLYING?

4.RESPONSIBILITIES OF ALL STAFF

5.RESPONSIBILITIES OF DIRECTORS AND MANAGERS

6.SUPPORT AND ADVICE TO STAFF

7.PROCESS FOR RAISING FORMAL COMPLAINTS OF HARASSMENT AND BULLYING

8.MONITORING THE POLICY

9.CONFIDENTIALITY

10.TRAINING......

Appendix 1 - Checklist for the review and approval of trust-wide policies

Appendix 2 - EQUALITY IMPACT ASSESSMENT FORM – INITIAL SCREENING

Appendix 3 - EQUALITY IMPACT ASSESSMENT FROM – DETAILED ASSESSMENT FOR HIGH IMPACT AREAS

1.PURPOSE AND SCOPE

King’s aims to create an environment for individuals in which everyone is treated with proper consideration, dignity and respect. King’s will not tolerate the harassment or bullying of patients, visitors, staff or anyone else working on our premises. The purpose of this policy is to support a culture in which bullying and harassment are unacceptable. This policy applies to all members of staff and covers staff behaviour which arises out of or relates to employment with the Trust.

2.PRINCIPLES

King’s recognises that all patients, visitors and workers have the right to be treated with consideration, dignity and respect.

King’s 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 everyone using our premises and the protection of our staff from bullying and harassment at work.

All staff are responsible for their own behaviour. It is the duty of each individual to be sensitive to the impact they have on the people around them.

It is the responsibility of all managers to be alert to the various forms of harassment and bullying and to deal with minor breaches at an early stage and informally where possible. It is the responsibility of managers to create a workplace culture that discourages harassment and bullying and gives staff the confidence to discuss concerns.

Staff are encouraged to report any incidents of bullying and harassment which come to their attention. Allegations will be taken seriously and treated confidentially. The Trust gives an assurance that there will be no victimisation against a member of staff making a complaint or against staff who assist or support a colleague in making a complaint.

Bullying and harassment may be treated as a disciplinary offence, and will be open to the full range of disciplinary sanctions available to the Trust. Disciplinary action may also be taken if a complaint is found to have been submitted maliciously or in bad faith.

King’s monitors levels of harassment and bullying through the results of the annual NHS staff attitude survey. King’s also monitors calls to the Staff Dignity Helpline, exit questionnaires and other records held by the Human Resources Department.

3.WHAT IS HARASSMENT AND BULLYING?

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 or sexual orientation. Bullying, on the other hand, 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 or involve groups of people. It may be obvious or it may be insidious; it may be persistent or an isolated incident; it may be targeted at third parties [e.g. jokes about the sexual orientation of the family member of a colleague]; and it can take place outside working hours. Whatever form it takes, it is unwelcome, demeaning and unacceptable to the recipient.

Examples of harassing/bullying behaviour include, but are not limited to:

• 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 colleague’s performance
• Overbearing supervision, unfair and destructive criticism, public criticism
• Suggestive or abusive language and spreading of unfounded rumours
• Intimidating behaviour, humiliation or ridicule
• Setting unrealistic targets which are unreasonable or changed with limited notice or consultation
• Copying correspondence (e-mails, memos, etc) that are critical about someone to people who do not need to know
• Unwanted physical touching, petting or assault.
• Displaying offensive screensavers, posters and calendars.
• Sudden rages for trivial reason

4.

4.RESPONSIBILITIES OF ALL STAFF

There are a number of things that staff can do to help prevent bullying or harassment, such as:

• Lead by example: treat others with respect.
• Do not accept behaviour directed against you or others that you find offensive. Take positive action to ensure that it is challenged and / or reported.
• Support colleagues who may be experiencing bullying or harassment.

4.1What to do if you are harassed or bullied?

If you can, confront the harasser. Clearly state that the behaviour offends you and that you want it to stop. Be polite but firm, and take care not to appear aggressive, threatening or otherwise intimidating.

If you are not comfortable speaking directly to the harasser you can put your concerns to him/her in writing. If you write a letter you may want to consider including the following information:

• the offensive behaviour or incident
• when and where it happened
• why you object to it
• that you want it to stop
• how you expect to be treated in the future

Keep a copy of your letter. You may want to send a copy to your manager.

If the unwanted behaviour continues and / or you are unable to confront the person, you are advised to make notes, so that you can recall details at a later date.

You can also contact your line manager, your human resources manager or your trade union representative for advice. Confidential advice is also provided via the external, 24/7 Staff Dignity Helpline on 0800 042 0132. Please see section 6 for more detailed information about these options.

4.2What to do if you are accused of harassment or bullying?

If someone tells you that your behaviour has caused them discomfort, distress or anger you should treat their concerns with respect, respond in a measured way, consider how your actions were perceived and, where appropriate, take steps to modify your behaviour. If you are unsure how to respond seek advice from your line manager, your trade union representative or your human resources manager.

If you are accused of harassment or bullying, do not confront the person(s) making the allegation. Seek advice from your line manager, your trade union representative, your human resources manager or the Staff Dignity Helpline. The allegations may be subject to an investigation and/or considered at a disciplinary or grievance meeting. You will be given ample time to respond to the allegations

4.3What to do if you witness or suspect harassment or bullying?

If you witness or suspect that one of our members of staff is harassing or bullying someone else in connection with their work at King’s you may be able to intervene directly, by talking to one or both parties involved. If, however, this course of action is inappropriate you should speak to your manager [or the manager of the member of staff] or, if this is not possible, your departmental head or your General Manager or Director. If you raise a concern in this way you can ask that your identity is protected and the Trust will not reveal it without your consent. For further details see the Trust’s Policy on Raising Concerns (Whistleblowing). If you are unsure how to proceed or you want to discuss what you have witnessed, you can get confidential advice from the Staff Dignity Helpline or a Human Resources Manager.

5.RESPONSIBILITIES OF DIRECTORS AND MANAGERS

All managers have a responsibility to implement this policy and to bring it to the attention of staff in their work area. 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
• ensure that the pressures and stresses of service delivery are not translated into unacceptable behaviours by themselves or colleagues.
• set a positive example by treating others with respect and setting standards of acceptable behaviour
• tackle, and where possible, resolve incidents of harassment
• seek advice from their human resources manager

5.1 What should you do if someone makes a complaint of bullying or harassment?

If you are a manager and someone complains of bullying or harassment you should speak to the complainant as soon as possible to find out the background to the complaint and what resolution they are seeking. Acts of bullying and harassment may be unintentional and due to cultural differences or perception. Your actions should take this into account and, where possible, you should attempt to resolve issues informally. There are a range of informal approaches which include: providing a listening ear and giving guidance on how to deal with the unwanted behaviour; direct discussion between the two individuals concerned; you can facilitate a meeting between the two individuals concerned; or you can use external mediation. Even when an informal response to a complaint is appropriate, managers will inform complainants, and others involved, in writing of the steps they have taken or intend to take in order to resolve the problem identified by the complainant.

If it is clear that informal resolution is either inappropriate or unacceptable to the complainant, you should make sure that the complainant understands how to make and then pursue the complaint. See section 7 of this policy. Seek advice from your Human Resources Manager as appropriate.

6.SUPPORT AND ADVICE TO STAFF

King’s is committed to achieving informal resolution of complaints relating to harassment and bullying wherever possible. In line with this approach, a series of options have been put into place to enable staff to be supported when allegations of harassment and bullying arise.

6.1Staff Dignity Helpline – 0800 042 0132

An external Staff Dignity Helpline is available to provide a confidential 24-hour telephone service to a) staff who have been subjected to harassment and bullying and b) staff who have witnessed the harassment and bullying of third parties.

Their role is to provide a listening ear; to provide information on relevant policies and other sources of advice or help; to explain how the procedures for making a complaint operate both informally and formally; and to help callers to explore the issues and describe and discuss possible courses of action. They do not act as advocates or take issues forward on behalf of staff. They do not represent staff or mediate between staff. All contact is over the phone.

6.2Counselling

King’s provides a confidential counselling service for its staff. If you would like to access the counselling service you should ring Occupational Health on extension 3387.

6.3Occupational Health Services

If you are involved in a claim of bullying and harassment you may want to talk to someone from Occupational Health. If you wish to self refer you should phone extension 3387.

6.4Trade Union Representatives

King’s recognises the important role trade unions play in tackling harassment and bullying. Trade union members are encouraged to approach their representatives regarding their concerns. If you are unsure who your representative is, a list of representatives is available on the intranet. Alternatively you can contact the Trade Union administrator on extension 4990. King’s works in conjunction with its trade union partners to address unacceptable and inappropriate behaviours.

6.5The Mediation Team

King’s has a team of mediators whose role is to facilitate informal outcomes where conflict is due to poor relationships between two or more staff. Mediators are drawn from a wide range of jobs across the Trust and have been provided with specialist training. If you would like to explore the option of mediation you should either speak to your manager or your Human Resources Manager.

6.6Independent Assessors

King’s has a pool of independent assessors who have received training on Trust’s Policy on the Management of Complaints of Bullying and Harassment. The assessors sit on panels at the following types of meetings:

• First stage grievance meetings which hear complaints of bullying,harassment or discrimination.
• Formal disciplinary meetings when the member of staff has made a counter allegation of bullying,harassment or discrimination during the investigation of the misconduct.
• Formal performance capability meetings, when dismissal is a potential outcome, if the counter allegations are made prior to the member of staff being notified of the meeting.
• Meetings which hear appeals against formal sanctions under the Disciplinary and Performance Capability Policies, if the counter allegations form part of the grounds for appeal.

7.PROCESS FOR RAISING FORMAL COMPLAINTS OF HARASSMENT AND BULLYING

If informal attempts to resolve a situation have not been successful or are inappropriate, you can pursue your complaint formally. The complaint should be in writing and addressed to your line manager or the line manager of the alleged bully or harasser.

Your manager or [if your complaint is about your manager] your manager’s manager will carry out an initial assessment before deciding whether to investigate the complaint with a view to recommending possible disciplinary action. If your manager decides not to initiate an investigation at the outset, complaints can be pursued in the following ways:

• If your complaint relates to the behaviour of your manager you can pursue it via the Staff Complaints [Grievance] Procedure. Very complex complaints are normally investigated before being considered by a grievance panel.
• If you are complaining about the behaviour of someone other than your manager towards you, your manager will investigate your complaints. If, following investigation, you are unhappy with the outcome of the investigation and / or you do not believe your manager has taken appropriate action to protect you from bullying or harassment, you can pursue a complaint against your manager under the Staff Complaints [Grievance] Procedure.
• If your complaint concerns the actions of a member of staff towards another person [worker, patient or visitor] you should make a confidential complaint under the Raising Concerns (Whistleblowing) Policy.

If, following investigation, it appears that harassment or bullying has occurred, the relevant manager will recommend the appropriate course of action in line with the disciplinary procedure. A detailed response will be given to both parties outlining the results of the investigation. This may result in a disciplinary meeting being convened and the behaviour being viewed as serious misconduct.

This procedure is intended to maintain and reinforce the relationship between staff and their colleagues and managers. In extreme cases, however, it may be necessary to consider whether further contact between two or more members of staff is appropriate either as a short-term or permanent measure. In considering this option both the practicality as well as the desirability of such a move will have to be taken into account.

8.MONITORING THE POLICY

Monitoring reports along with action plans will be reviewed by the relevant committee as outlined in the table below:

9.CONFIDENTIALITY