Public Health Wales / Dignity At Work Policy

8:14

DIGNITY AT WORK POLICY
Policy type: Trust
Policy reference number: (to be obtained from the Policy Co-ordinator)
Policy classification: Employment
Author:Karen Wright, Associate Director of Workforce and OD
Policy lead: Karen Wright, Associate Director of Workforce and OD
Executive lead: Karen Wright, Associate Director of Workforce and OD
Date:19 July2010 / Version:V0c
Publication/ Distribution:
  • Public (Internet)
  • NHS Wales (Intranet)
  • Public Health Wales (Intranet)

Review Date: January 2013
Approval date:
Approving body: Trust Board
Purpose and Summary of Document:
ThisisanupdatedTrustPolicy,whichmorecompletelyincorporatesandreflectsthe model dignityat work policyandprinciplesofbestpracticecontainedwithintheWelsh Partnership Forum ‘WorkinginPartnershipBringingRespecttoWork–ADignityatWork PolicyforNHSWales(2007).
The purpose of the policy is to;
  • set out Public Health Wales Board level commitment to providing equal opportunity for all staff and affirming that harassment and bullying at work, in any form, is wholly unacceptable.
  • ensure that all staff are aware of the Trust’s commitment to promoting and achieving dignity at work;
  • remind all staff of thereindividual responsibility in respect of their own personal and professional behaviour within the workplace;
  • prevent and eliminate harassment and bullying in any form within the workplace;
  • reinforce that harassment and bullying within the workplace will not be tolerated and will be dealt with in accordance with the Trust’s disciplinary policy, if necessary;
  • provide a procedural framework which will assist managers and staff todeal effectively with incidents of harassment, bullyingandconflictintheworkplace,
  • encourage such matters to be dealt with informally where possible, acknowledging that this may not always be appropriate or possible
  • provide information regarding the support mechanisms which are available to Public Health Wales Staff, should they believe that they have dignity at work concern / complaint.

Intended audience: All Staff Groups
Interdependencies with other policies: Disciplinary Policy; Incident Reporting Policy.
CONTENTS / PAGE NUMBER
1. POLICY STATEMENT / 5
2. SCOPE OF THE POLICY / 6
3. RESPONSIBILITIES OF MANAGERS / 6
3.1 Firm / Fair Management / 7
4. RESPONSIBILITIES FOR EMPLOYEES / 8
5. CONSIDERATIONS WHEN MAKING A COMPLAINT / 9
6. ADVICE AND SUPPORT FROM A SUPPORT
ADVISOR / 10
7. PROCEDURE FOR HANDLING COMPLAINTS OF
HARASSMENT AND BULLYING / 11
7.1 Informal Procedure / 11
7.2 Formal Procedure / 13
7.2.1 No Formal Action / 15
7.2.2 Formal Disciplinary Hearing / 16
7.2.3 Workplace Rules / 17
7.3 Follow Up Action / 17
8. COMMUNICATION AND TRAINING / 18
9. MONITORING PROCESS / 19
10. EQUALITY / 19
APPENDIX A: Support Advisors / 21
APPENDIX B: Public Health Wales Statement on
Dignity at Work / 22
APPENDIX C: Legal Background / 26
AC.1 Health and Safety Law
AC.2 The Effects of the Law / 27
27
Appendix D: Definitions of Harassment and
Bullying / 28
AD.1 Factors in Harassment and
Bullying
AD.2 Forms of Harassment and
Bullying / 28
29
CONTENTS / PAGE NUMBER
Appendix E – Effects of Harassment and Bullying / 31
AE.1 For the Individual
AE.2 For Public Health Wales / 31
31

1.POLICY STATEMENT

The Board of Public Health Wales is committed to providing equal opportunity for all staff and affirms that harassment and bullying at work, in any form, is wholly unacceptable. As such it is committed to ensuring that allstaff has the benefit of a working environment where they are treated fairly and with dignity and respect.

Public Health Walesis working towards developing a positive working environment in which harassment and bullying is unacceptable and where individuals feel able to bring genuine complaints, without fear of ridicule or reprisal. The purpose of this policy, which complies with the Welsh Partnership Forum’s Model ‘Dignity at Work’ Policy, is to ensure that all staff are aware of the Trust’s commitment to promoting and achieving dignity at work and to prevent and eliminate harassment and bullying in any form within the workplace.

It is against the values of Public Health Wales for any member of staff to behave inappropriately towards another. Such conduct cannot and will not be tolerated. All staff thereforehas a personal responsibility for their own personal and professional behaviour, to comply with this policy and procedure and to take appropriate actions and measures to help ensure that colleagues are treated at all times with dignity and respect.

Public Health Wales’s concept of diversity with dignity is totally inclusive. Every single person is entitled to be treated with dignity, courtesy and consideration and is required to treat others in the same way.

Harassment and bullying can constitute an offence under criminal law and such behaviours may also breach employment law. All staff should be aware that appropriate disciplinary action, which may include dismissal, may be taken against any employee who breaches this policy.

Public Health Wales will therefore:

  • seektocreateandmaintainanenvironmentthatensuresthedignityatworkofallstaffandthussafeguardstheirhealthandwellbeing.;
  • ensureasfarasitisreasonablypracticable,thehealth,safety,welfareandwellbeingofallstaff;
  • recognise its legal and moral responsibilities and promote best employment practice in this area;
  • seek to prevent acts of discrimination, exclusion, unfair treatment and other negative and demeaning behaviours;
  • take all incidents of harassment, bullying and conflict seriously and deal with them as thoroughly, confidentially and fairly and as quickly as possible, using a fair and just agreed process;
  • provide training and guidance to its managers in dealing with issues of dignity at work. It will be a requirement for all managers, supervisory and senior clinical staff to attend and participate in ‘Dignity at Work Awareness Training’;
  • seek to educate all staff on the development of positive behaviours and protecting the dignity of staff in work, via ‘Dignity at Work Awareness’ Workshops;
  • make available to staff appropriately trained and skilled individuals to support them to make an informed decision; and
  • monitor, report and measure progress on eradicating harassment and bullying in the workplace.

2.SCOPE OF THE POLICY

This policy applies to all Public Health Wales staff, whilst working on or off Trust premises, including those working away from their base regardless of the type of employment contract they hold e.g. permanent, fixed term, temporary, bank or voluntary.

Individuals engaged under agency contracts and private contractors will be expected to comply with this policy, whilst working on Trust premises and sites. It also applies to work related social activities in accordance with the Velindre NHS Trust Policy ‘Staff Conduct Outside the Workplace/Normal Hours of Work(Black 111)’.

Harassment or bullying of staff by another employee, service user etc. will not be tolerated by Public Health Wales. Where an employee is harassed or bullied by a service user or a member of the public, in the course of their duties, they are encouraged to formally report this matter as a violence and aggression incident, in accordance with the Incident Reporting procedure.

It is also essential that appropriate confidentiality is maintained by all staff involved in a dignity at work complaint, investigation or formal hearing. Failure to maintain confidentiality may result in disciplinary action being taken.

3.RESPONSIBILITIES OF MANAGERS

All managers have a duty to comply with this policy and procedure. In particular, managers should ensure they comply with their responsibilities by:

  • treating all colleagues, staff, service users and visitors with dignity and respect;
  • attending ‘Dignity at Work’ Awareness Training;
  • being familiar with the provisions of this Policy and to take steps as appropriate, to resolve promptly any associated complaints;
  • ensuring that they in a timely manner, firmly, fairly and appropriately manage employment issues with staff. Ensuring that their management action is based on facts and evidence and in accordance with the relevant Trust policy, to minimise potential claims of bullying and harassment;
  • beingalerttothepossibilitythatharassment,bullyingandconflictmayoccurandtakeappropriatestepstocreateaworkingenvironmentthatsupports thedignity of all staff, whilst they are in work;
  • making staff aware of this policy, as appropriate;
  • maintaining an acceptable standard of conduct between all colleagues working in their departments and ensuring bullying and harassment does not occur, as far as it reasonably practicable;
  • taking prompt action to stop conflict and unacceptable behaviour as soon as it is identified;
  • being proactive and using their judgement in correcting conduct or behaviour, which could be perceived as offensive / discriminatory;
  • being responsive and supportive to any member of staff who complains about being subjected to inappropriate behaviour;
  • recognising that the person whose behaviour / conduct is questioned may also require support. Avoiding any display of negative feeling towards the member of staff or person whose behaviour / conduct is questioned;
  • being empathic, listening and not prejudging a situation;
  • ensure that the situation is dealt with swiftly, fairly and equitably and that complete confidentiality is maintained;
  • thoroughly investigating all complaints made by a member of staff, and where appropriate involving the HR Department, to instigate a formal investigation;
  • monitoring situations to ensure that there is no further problem with conflict, unacceptable behaviour or any victimisation after a complaint has been resolved;
  • carrying out any actions or solutions identify during a dignity at work case;
  • considering their own style of management (see 3.1 below) to ensure that they fairly but firmly manage their staff within the remit of their managerial authority; and
  • not behaving in a way that could be construed as abusing their authority or adversely treating an individual or a group of staff differently to others.

3.1Firm / Fair Management

The difference between a manager who is firm but fair and a manager who is harassing and bullying staff are often ambiguous because of difference in perceptions. However, the Benefit’s Agency Equality Team have developed the following framework, to help differentiate between firm but fair management and harassment and bullying.

Firm but Fair Management / Harassment or Bullying
  • Consistent and fair
/
  • Aggressive, inconsistent and unfair

  • Determined to achieve the best results using reasonable and flexible means
/
  • Unreasonable and inflexible

  • Knows their own mind and is clear about their own ideas, but willing to consult with colleagues and staff before drawing up proposals
/
  • Believes they are always right, has fixed opinions, believes they know best and are not prepared to value the opinions of others

  • Insists upon high standards of service in quality of and behaviour of the team
/
  • Insists upon high standards of service and behaviour but blames others when things go wrong

  • Will discuss in private any perceived deterioration in performance, behaviour etc. before forming views or taking action. Does not blame others when things go wrong
/
  • Loses temper, regularly degrades people in front of others, threatens official warnings without listening to any explanation

  • Asks for peoples views, listens and assimilates feedback
/
  • Tells people what is happening and does not listen to others

  • Provides constructive criticism regarding performance, conduct etc. based on facts and evidence and assists the individual to reflect on their behaviours and gives a timeframe to make the necessary improvements
/
  • Provides destructive criticism, focusing on the negative aspects and blame rather than improvement and solutions

4.RESPONSIBILITIES OF EMPLOYEES

All staff have a duty to comply with this policy and procedure. In particular, staff should ensure they comply with their responsibilities by:

  • treating their manager, colleagues, service users and visitors with dignity and respect;
  • attending Dignity at Work Awareness Training;
  • being aware of the problems, which inappropriate behaviour can cause, and ensure that their own conduct or behaviour in work and/or at work related social events, does not constitute harassment and / or bullying;
  • recognising that the reasonable actions of a manager seeking to address issues, such as an employee’s under performance or sickness absence, does not in itself constitute unacceptable behaviour;
  • recognising the difference between ‘firm but fair management’ and bullying and harassment;
  • bringing to the attention of their colleague(s) / manager that certain conduct or behaviour is causing concern or offence to either themselves or a fellow colleague;
  • reporting any incidents of inappropriate behaviour witnessed to the appropriate manager;
  • seeking,asappropriate,toresolveissuesinformallyinthefirstinstance, wheneverthisispossible;
  • being aware that where allegations of harassment and/or bullying are proven, the member of staff and in some instances the organisation may be held personally liable for act(s), based on the grounds of sex, race, religious belief or disability in the event of any civil or criminal legal proceedings;
  • providing support to a colleague who is being harassed and or bullied;
  • maintaining confidentiality at all times and not sharing rumour or gossip;
  • respecting an individual’s right to determine for themselves what is acceptable behaviour and conduct, provided this is reasonable in the circumstances;
  • co-operatingfullyandhonestlywithanyinternalinvestigationregardingharassment,bullyingandconflictintheworkplace; and
  • considering carefully if the behaviour complained about does reasonably amount to harassment and/or bullying and is not for example, a case of two colleagues falling out or someone expressing a legitimate view, with which the other person disagrees.

5.CONSIDERATIONS WHEN MAKING A COMPLAINT

Public Health Wales is strongly opposed to any form of harassment or bullying and as such, staff are actively encouraged to report an incident, as early as possible, to ensure that events can be accurately recalled. Whilst in no way designed to discourage an employee with a genuine complaint, they are first asked to consider very seriously, whether the

behaviour which they have experienced does amount to harassment and/or bullying. For example staff should seriously consider whether an:

  • argument or a falling out with another employee constitutes harassment and/or bullying, or if it is simply a disagreement; and.
  • assertive and or reasonable instruction from or a discussion with their manager / supervisor, regarding their behaviour or performance in the workplace, is firm but fair management action’ or harassment and/or bullying.

All staff are encouraged and advised to discuss their complaint at the earliest opportunity with a Support Advisor (see Appendix A), their manager, a work colleague, a member of the Human Resources Department or trade union representative.

Due to the nature of dignity at work complaints normal channels open to staff may be difficult to use, because of embarrassment, fear of not being taken seriously, reprisal or the prospect of damaging the atmosphere within the working environment.

In recognition of these factors, staff can access confidential advice and support, via a Support Advisor etc., without pressure to pursue the complaint or agree to a course of action to be taken. Where it is not possible to maintain confidentiality, due to health and safety risks or the seriousness of the allegations, the member of staff will be advised accordingly. The above individual’s with the exception of the Support Advisor may initially approach the person whose behaviour / conduct is being questioned, on behalf of the employee (see 7.1 below).

As it is recognised that bringing a dignity at work complaint can be a very distressing experience for an individual as well as for the accused employee, staff should seriously consider whether their complaint can be dealt with informally.

Where a dignity at work investigation concludes that a member of staff has a case to answer, the matter will be treated as a disciplinary offence, which may lead to dismissal. Such matters will be managed in accordance with the Trust’s Disciplinary Policy.

Where an allegation of harassment and bullying arises between a member of staff and a person working for and employed by another external NHS organisation, contractor etc. advice should be sought immediately from the Human Resources Department. In such circumstances it will be the responsibility of the external organisation to address the dignity at work concerns with their member of staffing, using their own internal policy.

6.ADVICE AND SUPPORT FROM A SUPPORT ADVISOR

A member of staff who believes they may have been subjected to harassment and/or bullying will be able to seek advice and support in total confidence from a Support Advisor, by contacting the dedicated confidential helpline telephone number, listed in Appendix A, without any obligation to take the complaint further.

A Support Advisor will be available to offer confidential support, outline the options open to the employee and to help the employee consider if and how they wish to progress the matter. Support Advisor will not act as counsellors nor will they be able to pursue cases on behalf of the member of staff. They will also not offer personal advice on any action that should or should not be taken.

The support offered by the Support Advisors will cover:

  • guidance on resolving problems of conflict, harassment and/or bullying;
  • assistance in resolving problems informally; and

Support may be requested or offered at any stage of this process, to any person whose behaviour / conduct is questioned, who may not have carried out what is alleged, or who may be unaware or insensitive to the impact of their actions. If applicable this support may help the individual to reflect on and where appropriate change their behaviour and prevent the occurrence of any further incidents.

Advice and support is also available to all parties from appropriate members of Human Resources Department, a trade union representative and, external counsellors, who may be contacted via self referral to Occupational Health, NOSS or the Employee Assistance Programme (EAP).

Confidentiality will normally be maintained by the Support Advisor. For example, where this is not possible due to a perceived potential risk to health and safety and / or the wellbeing of an individual, member of staff will be advised accordingly.

7. PROCEDURE FOR HANDLING COMPLAINTS OF HARASSMENT AND BULLYING

Prior to the informal or formal procedure commencing, the member of staff being accused of bullying and harassment, should be made aware at the outset of the detail of the allegations made and who made the allegations.

7.1Informal Procedure

In all, but the most exceptional cases, it will be expected that in the first instance every effort will be made by a member of staff to resolve their harassment and bullying complaint informally.

Experiencesuggeststhatthisapproachislikelytoproducethemostsatisfactoryoutcomeforboththememberofstaffandthepersonswhosebehaviour/conductisbeingquestioned. Thismaybedoneviaaninformalfacilitatedmeeting(facilitatedbyaworkplacecolleague,HR officer/ manager,tradeunionrepresentative)oraprocessof‘mediation’,whichcanbearrangedviatheHumanResourcesDepartment.