“NHS Organisation” Dignity at Work Policy · Dignity at Work Policy – Version 11 (11/05/11) 5...

Dignity at Work Policy – Version 11 (11/05/11) 1

Agenda item 3.3 Appendix 3

“NHS Organisation”

Dignity at Work Policy Approved by: Welsh Partnership Forum Business Committee Issue Date: 11th May 2011 Review Date: March 2013


C O N T E N T S

1. Statement of commitment

2. Purpose

3. Aims and objectives 4. Principles and values

5. Scope

6. What is bullying and harassment?

7. Roles and responsibilities

8. Keeping a record

9. Process

10. Steps within the Process

11. Mediation

12. False allegations

13. Bullying and harassment by those not employed by the NHS organisation

14. Support and advice

15. External support and guidance

16. Training

17. Monitoring

18. Review of policy

Appendix A – Legal framework Appendix B – Dignity at work process flowchart


1. Statement of commitment

The NHS organisation will not tolerate any form of bullying and harassment or any other inappropriate behaviour and will take all practicable steps to avoid and eliminate this. Behaviour which may be described as bullying and/or harassment is not conducive to the provision of effective healthcare services and can totally undermine the confidence and performance of employees. It can also affect their physical and mental health and wellbeing and lead to absenteeism. The effects of poor relations between individuals can be felt across the organisation and ultimately can have an impact on the care provided to patients. Adherence to this policy is fundamental to ensuring that the human rights of everyone working in the NHS organisation are protected, respected and fulfilled. The Dignity at Work policy has the full endorsement of the NHS organisation Board and executive team. It reflects the NHS organisation’s commitment to achieve the highest standards of health care services and provide a safe, healthy, and fair working environment, where all staff are treated with dignity and respect. This can only be achieved through the development of a highly trained, skilled, and motivated workforce. This policy builds on the previous policy for NHS Wales, “Bringing Respect to Work”. Individuals are protected by law against the harmful conduct of others and should not be subjected to harassing or discriminatory treatment in the course of their employment. This includes bullying and harassment on the grounds of gender, gender reassignment, race, religion, colour, creed, nationality, ethnic or national origin, sexual orientation, marital status, medical conditions, intellect, disability, age, membership of a trade union, professional association, staff organisation or political belief. Any form of bullying and/or harassment will be regarded as misconduct, and may result in disciplinary action, including dismissal. Furthermore, because the intention to harass, alarm, or distress anyone can be a criminal offence, reference to and application of the dignity at work policy does not deny or inhibit in any way whatsoever, the legal rights, responsibilities, obligations or remedies of the NHS organisation or its employees. In very serious cases criminal prosecution can result.

2. Purpose The purpose of the document is to set a high standard of behaviour and ensure that the

right of employees to be treated with dignity and respect and to work without fear of bullying and harassment on any grounds and this is supported by the Organisation’s staff charter.

The aim of this policy is to resolve the concerns raised by any employee as quickly and effectively as possible. This will ensure that concerns are not ignored or allowed to get worse and that individuals have every possibility to continue working together in the same capacity in the future.

As a responsible employer the NHS organisation has a legal and ethical responsibility to ensure that the staff we employ are not subjected to inappropriate behaviour which may not only affect their performance, but more importantly their health and well-being.

Due to the fact that bullying and harassment are often misunderstood and misinterpreted, it is essential that the NHS organisation has an effective, clearly defined policy which applies to all NHS organisation employees.


3. Aims and objectives

The NHS organisation recognises the need for positive working relationships to exist between all staff (employees, students, volunteers and contractors), patients, relatives and clients. The aims and objectives of this policy are:

• to enable members of staff to work together effectively and to treat each other with dignity and respect.

• to establish a clear, fair, timely and effective procedure for dealing with any cases of bullying and harassment that may arise within the organisation.

• to ensure that all employees are aware of their responsibilities in helping to

create a working environment that is free from all forms of bullying and harassment.

• to allow all employees to work towards resolving issues (with support where

necessary) in order that they can continue to work together effectively.

4. Principles and values

The following principles and values underpin the dignity at work policy: 4.1 The right of an employee to be treated with dignity and respect and to work

without fear of bullying and harassment on any grounds. 4.2 The right of an employee who feels they are being bullied and/or harassed to

complain and to have no fear of reprisal. 4.3 The duty of the NHS organisation to actively develop and promote an

organisational culture that is open, transparent and fair, and encourages all individuals to treat each other with dignity and respect.

4.4 The responsibility of the NHS organisation to foresee the potential for bullying and

harassment, and to take reasonable steps to reduce the risk, and appropriate action where concerns are raised.

4.5 The NHS organisation will ensure that steps are taken to meet individual access

needs and requirement, e.g. language, disability, family commitments 4.6 The right of managers to manage and organise the services of the NHS

organisation and to ensure that appropriate standards of quality of care and performance are maintained by all staff

4.7 The responsibility of all NHS organisation employees to prevent any acts that may

constitute bullying and harassment on any grounds. 4.8 Recognition of the fact that it is the impact of the action/behaviour on the recipient

that determines whether that individual feels bullied or harassed


4.9 The right of an employee to be accompanied at all formal stages of the procedure by a staff side representative/work colleague. This is defined as an official of a recognised trade union, staff organisation or professional body or a work colleague who is an employee of the NHS organisation not acting in a legal capacity.

4.10 The use of mediation as a first resort in dealing with any dignity at work issues and

an option to return to mediation at any time during the process. Mediation can be described as a confidential and voluntary process in which a neutral person helps people in dispute to explore and understand their differences so that they can find their own solution. Workplace mediation, because it requires “buy in” from both parties can often be the catalyst for getting things to move on, both from the point of view of the individuals and from a corporate perspective.

4.11 The willingness of NHS organisations to use mediators, reviewers and those

individuals that will hear appeals, from other organisations within Wales as appropriate to ensure an independent and impartial approach to resolution.

5. Scope

The dignity at work policy applies to all staff working within the NHS organisation. This includes contractors, students, volunteers, non-executive and independent members and staff from other organisations working on NHS organisation premises. 5.1 All managers and clinicians are responsible for the implementation of the dignity

at work policy, and all members of staff have an individual responsibility to comply with the provisions that are made.

5.2 If a member of staff feels that they are being bullied or harassed by a patient,

relative, carer or any other member of the public then they should inform their manager. Prompt action will be taken to deal with the matter. Action must be taken to ensure that the employee making the complaint is not placed in a position where further incidents may occur. In these circumstances the NHS organisations, other appropriate policies e.g. violence and aggression against staff will apply.

5.3 Issues of collective bullying and harassment may be dealt with through this

policy (See section 6.6)

6. What is bullying and harassment?

There are many different definitions of bullying and harassment e.g.

6.1 Bullying is generally defined as persistent, offensive, abusive, intimidating, malicious or insulting behaviour, abuse of power or unfair sanctions, which makes the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self confidence and which may cause them to suffer stress. It is the impact on the individual and not the intention of the perpetrator which determines whether the individual feels that bullying has occurred.

6.2 Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or the effect of:


• violating the worker’s dignity; or • creating an intimidating, hostile, degrading, humiliating or offensive

environment for that worker. The protected characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. The harassment may be persistent or relate to an isolated incident. The essential feature of harassment is that it is behaviour that the recipient feels is inappropriate to him/her and he/she regards it as personally offensive. However this must be weighed against what is generally

regarded as reasonable behaviour.

6.3 The term ‘related to’ is given a broad meaning in the Equality Act 2010 and provides that employees can complain of unwanted conduct related to a relevant protected characteristic that they find offensive even if it is not directed at them personally. The Act also provides protection to workers who may be associated with someone who has a protected characteristic. For further information, please refer to Appendix A which provides more details on what the law says about harassment and bullying.

6.4 Bullying and harassment are often hard to recognise, as behaviour that is

considered to be bullying and/or harassment by one person may be considered ‘firm management’ by another. Most people will agree on extreme cases, but it is often the ‘grey’ areas that are difficult to define.

It is therefore important to identify examples of unacceptable behaviour that may constitute bullying and/or harassment in the workplace.

6.5 Examples of unacceptable/inappropriate behaviour in the workplace:

The following list is not intended to be exhaustive but to provide some examples of bullying behaviour and harassment which the NHS organisation deems to be unacceptable/inappropriate. • Spreading malicious rumours, or insulting someone (particularly on the

grounds of age, race, sex, gender reassignment, disability, sexual orientation and religion or belief).

• Copying memos or emails that are critical about someone to others who do not need to know

• Ridiculing or demeaning someone - picking on them or setting them up to fail • Overbearing supervision or other misuse of power or position • Unwelcome sexual advances, including lewd or suggestive remarks, touching,

standing too close, display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected.

• Making threats or comments about job security without foundation. • Deliberately undermining a competent worker by overloading and constant

criticism, and/or conversely removing duties from an individual’s day to day workload without good reason or explanation.

• Preventing individuals progressing by intentionally blocking promotion or training opportunities.

• Unwanted or inappropriate physical contact, ranging from touching to serious assault.

• Intimidation, deliberate exclusion or victimising behaviour.


• Isolation or non co-operation at work, exclusion from social activities. • Intrusion by pestering, spying, stalking etc. • Persistent pressure to produce work in unrealistic time-scales or to produce

information without adequate resources or training etc. (This is not an exhaustive list) Unacceptable/inappropriate behaviour in the workplace can also include conduct at work-related social events and other ‘out of hours’ conduct that reflects on the employment relationship.

6.6 As well as taking many different forms, harassment and bullying can occur at all

levels of an organisation by staff (employees, students, volunteers and contractors), patients, relatives and clients.

Managers may find themselves bullied by subordinate staff that use the threat of higher powers or formal procedures to make unreasonable demands.

Bullying and harassment are not necessarily face to face, they may occur through gossip and malicious rumour, by written communications, visual images (for example pictures of a sexual nature or embarrassing photographs of colleagues), electronic (e) mail, telephone or text messaging and social networking sites.

6.7 Bullying and harassment may also occur on a collective basis e.g. where a group of employees feel the impact of the actions of an individual in relation to one of the relevant protected characteristics of the Equality Act 2010 or any other personal characteristics. Patterns may also occur in relation to bullying and harassment by an individual. Effective monitoring will be essential in identifying and acting upon these instances, on an ongoing basis and should not wait until cases are closed.

7. Roles and responsibilities

7.1 Executive directors Executive directors must demonstrate exemplary behaviour and commitment to

the prevention and elimination of harassment in the workplace.

They must take overall responsibility for ensuring that this policy is implemented and monitored effectively and specifically, ensure that employees for whom they are managerially accountable are aware of and understand the policy. Executive directors’ must ensure that:

• Staff are made aware of the dignity at work policy procedure; this will require the provision of appropriate training and guidance.

• Staff understand that incidents of bullying and/or harassment will not be tolerated and will be dealt with as a disciplinary offence.

• Complaints of bullying and harassment are dealt with effectively and that both the individuals who bring the complaint and those who are subject of the complaint are treated fairly before, during and after any formal proceedings take place.

• There will be no victimisation of any employee who has made or assisted someone in raising a complaint.


7.2 Managers

Managers should also demonstrate exemplary behaviour and commitment to the prevention and elimination of harassment in the workplace. Within any organisation it is necessary for managers to be able to manage their staff in a fair and consistent manner and be able to carry out their duties without threat of ill-intentioned or malicious complaints. It is therefore important to distinguish between firm, fair management and bullying or harassing behaviour. Because of differences in perception, it is often difficult to differentiate between firm, fair management and bullying and harassment. However, the following useful comparisons have been developed to highlight some general disparities:

Firm/Fair Manager Bullying/Harassing Manager • Consistent and fair

• Determined to achieve the best

results, but reasonable and flexible

• Knows their own mind but is willing to consult with colleagues and staff before drawing up proposals

• Insists upon high standards of service and behaviour within the team. Will discuss, in private, any perceived deterioration before forming any views or taking action and does not apportion blame on others when things go wrong

• Asks for people’s views, listens and assimilates feedback

• Aggressive, inconsistent and unfair

• Unreasonable and inflexible

• Believes that they are always right, has fixed opinions, believes they know best and are not prepared to value other people’s opinions

• Insists on high standards of service and behaviour, but blames others if things go wrong. Loses temper regularly, degrades people in front of others, threatens official warnings without listening to any explanation

• Tells people what will be happening, does not listen to the views of others

Managers at every level of the organisation have a responsibility to lead by example and to behave towards their staff in an appropriate and professional manner, and not to go beyond the bounds of managerial authority to achieve objectives. Managers must ensure that all staff for which they are responsible are aware of this policy. They also have a duty to take all reasonable and practicable steps to ensure that staff are protected from any form of bullying or harassment and inappropriate behaviour in the workplace. The onus should not rest solely on an individual member of staff who is subject to unacceptable/inappropriate behaviour to take action. Managers should raise any concerns or suspicions they have about unacceptable/inappropriate behaviour privately and confidentially with the individual(s) concerned and explain that this will be documented on their personal file. Managers must also ensure that there is no repetition of bullying and/or harassment or any victimisation after a complaint has


been raised. Although employees can raise their concerns confidentially with their Line Manager, depending on the nature of the concern, the Line Manager may be obliged to take action or speak to the person causing concerns. This must be done sensitively, maintaining confidentiality wherever possible. 7.3 Staff

The appropriate behaviour is highlighted in NHS Organisation’s staff charter and organisational values, and all staff are expected to uphold these behaviours. All members of staff are responsible for their own professional and personal behaviour and are required to conduct themselves in a manner that does not cause offence to another person. Members of staff have a responsibility to treat others with dignity and respect at all times and to ensure that other staff and members of the public are not subjected to any form of bullying or harassment.

They have a duty to report any harassment or bullying that they may have observed or that they are aware is taking place. All members of staff should provide support to any colleague who believes that he/she is being bullied or harassed and cooperate fully with any part of the procedure as required. Any concerns that are raised by a third party must be discussed fully with the individual(s) directly subject to the concerns, before the dignity at work procedure is instigated. Alternatively, concerns can be raised via the NHS organisations whistle blowing policy.

7.4 Support Network A support network will be developed, including:-

Specially trained staff drawn from a variety of disciplines to support staff who find themselves subjected to bullying and harassment and inappropriate behaviour.

Professional counselling support should be made available to those subjected to bullying and harassment and inappropriate behaviour.

Specially trained reviewers equipped to undertake dignity at work reviews Specially trained individuals to hear appeals resulting from the outcome of

reviews. Mediators (see section 7.5) 7.5 Mediators Mediators are employees or volunteers (including directors, senior managers,

trade union officials) of the NHS organisation, or another appropriate organisation, who have undertaken formal accredited training in mediation skills. Mediators can be approached at any stage of the procedure by either party (where they both agree) or by the manager or staff side representative (again with the agreement of both parties to the issue).


The role of the mediators is to remain impartial, to listen and help the parties to communicate and listen to one another. The mediators ensure a safe environment for the parties to explore their misunderstandings and conflict and to help them think more creatively about solutions. The final outcome of mediation is agreed by the parties not the mediators.

8. Keeping a record/initial response

Members of staff may in the very early stages find it helpful to talk through their feelings about the situation with someone they can trust who will be able to listen sympathetically and suggest what options the individual may have. If an individual is at a loss as to who they can speak to confidentially in this way they can contact their HR department or staff side representative who can direct them to occupational health, stress counsellor, chaplain or some other person who can provide support. It is important that employees who believe that they are subject to bullying/harassment or inappropriate behaviour keep a record of all alleged incidents as soon as possible after they have taken place. These notes should contain the following:-

• Date, time and place of the incidents(s) • Name(s) of the individual(s) involved • Full details of what actually happened and what was said • Names of any witnesses • Any other relevant information.

9. Process

9.1 The aim of this process is to resolve the concerns raised by any member of staff as quickly and effectively as possible. This will ensure that concerns are not ignored or allowed to get worse and that individuals have every possibility to continue working together in the same capacity in the future.

9.2 All steps in the process are confidential, although in order for concerns and issues

to be resolved; there will need to be a sharing of information and feelings between the parties concerned. Mediation is available at any point during the process and should be used as a first resort and considered as an option to be returned to at any time during the process. H.R advice and the support of a staff side representative is available at any time throughout the process.

9.3 The process applies to all members of staff (external contractors should be

informed that the procedure has been instigated).

10. Steps within the Process (see flowchart at appendix B)

10.1 Informal Phase

10.1.1 Step 1 – Individual discussions / raise concerns


In some instances members of staff may be unaware of or insensitive to the impact of their actions and behaviour on others. Wherever practicably possible the member of staff responsible for the behaviour that is causing the offence should be made aware that their behaviour is unwelcome and unwanted. Making the member of staff aware of the impact of their behaviour can be undertaken in a number of ways:

• A face to face discussion • In writing • Through the third party on behalf of the recipient – this will usually

be through the line manager who may do this on an individual basis or collectively. The HR advisor or staff side representative can raise the concern with the line manager on behalf of the employee to allow the line manager to take the matter forward as appropriate.

It is advisable to involve your line manager for advice and support. If it is the line manager that an individual has concerns with, they should contact the next more senior manager or a member of the HR team or their staff side representative who will advise them how to take the matter forward. The purpose of step 1 is to ensure that both parties are given the opportunity to express their feelings and to hopefully agree an amicable way forward. Mediation should be offered at this stage of the process. Both parties are entitled to make contact with their staff side representative for advice and support.

10.1.2 Step 2 – Mediation See section 11. If mediation is unsuccessful then it will be necessary to move to the formal

phase. To do this, an individual will be required to inform their line manager in writing, expressing their desire to proceed to the formal stage, providing as much information as possible.

10.2 Formal phase

10.2.1 Step 3 – Dignity at work investigation An independent investigating officer will be appointed by the line

manager who will undertake the dignity at work investigation. A thorough investigation will be completed in 28 days wherever possible.

The independent investigating officer will be expected to keep both parties informed of their progress and provide an estimate of the date they will present their report. Advice will be provided to the independent investigating officer by the HR department. In some circumstances a joint investigation will be required where both parties have raised concerns against each other.

Both parties will be met individually, along with any other employees who may have been party to any relevant discussions/events. Notes of the


discussions will be taken by the investigating officer for their own records and will form the basis of their review report.

10.2.2 Step 4 – Outcome of investigation The outcome of the investigation can be one or a combination of the

following as decided by the Manager who commissioned the investigation:

• The complaint is not founded • There is insufficient evidence (with reasons) • Evidence and/or nature of complaint justifies counselling, advice or

mediation • A decision that there is a case to answer and that the matter should

proceed to disciplinary hearing (for external contractors this should be dealt with under their own policies and procedures).

• Mediation by trained mediators. Both parties must agree to participate for mediation to proceed

• A decision to manage any competency/training issues under the appropriate NHS organisation performance management policy

10.2.3 Step 5 – Feedback and/or action planning This will include:

• An appropriate de-brief for both parties (and any relevant witnesses if the manager feels it to be appropriate) on the outcome of the investigation. No unauthorised confidential information will be shared and all individuals will have full respect for the confidentiality of any feedback provided. This feedback will not include details of any decision(s) made at a disciplinary hearing if that is the course of action taken.

• The identification and agreement of any training issues (as necessary)

• An agreed action plan for the implementation of any recommendations made following the investigation, including details of appropriate timescales and who will be responsible for implementing the actions

• Any other remaining issues

• The feedback discussion should be undertaken as soon as is

reasonably practicable. If this cannot be achieved within 7 days, both parties must be kept informed of progress.

10.2.4 Step 6 – Review If either party is dissatisfied on completion of the investigation, they are

entitled to request a review. The purpose of the review is to consider the grounds on which the individual is unhappy i.e. either with the application


of the policy/procedure, the process that has been followed. The review will not be a re-investigation of the issues raised. The review request should be directed in writing to the Director of Workforce & OD within 7 days of the confirmation of the outcome of the original investigation outlining the grounds for review. The review will be held within 28 days of notification. The review will be heard by an independent person, from outside the organisation if necessary, and agreed by all parties. The individual undertaking the review will interview all parties with a view to testing the application of the process and the robustness of the decision. The independent person will provide a report and make recommendations to a more senior manager than the manager that commissioned the investigation and made the decision at step 4. This is the final stage of the internal processes.

10.2.5 Step 7 – Monitoring The situation/outcome should be subject to regular monitoring and

periodic review.

11. Mediation

Mediation is an impartial, non judgemental process in which a third party works with individuals in dispute to help them explore and understand their differences and, where possible, to find solutions to settle them. Mediators facilitate communication, promote reconciliation and help the parties find a mutual agreement. Mediation starts from the premises that everyone involved in a conflict needs to participate in its definition and resolution. Principles of Mediation To promote best practice, it is essential that the following key principles are an inherent and implicit part of the mediation process:

• The process seeks to promote fair and equal treatment and a respect for the difference of others

• The process is completely confidential and takes place without prejudice to any other policy or practice

• The process is entirely voluntary and all parties may exercise a choice about

whether or not they wish to participate • The parties in conflict are responsible for finding mutually acceptable solutions

and must have authority to determine their own agreement without the need for reference to others

• The parties, not the mediator(s), decide on the terms of any resolution.


Mediation Process

• The opportunity to explore mediation may be requested by the individual(s) in dispute or by the appropriate line manager.

• Mediation can take place at different stages of any concerns being raised, although mediation is likely to be more effective if it is offered as an early intervention.

• The mediation service will be co-ordinated by the Human Resources

Department. The appropriate senior manager will be kept informed of progress with any referral to the mediation process.

• Arrangements will be made by the HR Department for the mediator(s) to first

meet with the parties separately to explain the mediation process and discuss what the issues are from an individual perspective.

• Where there is agreement from all parties to proceed to mediation, and the

issues are considered to be appropriate for mediation, a further session involving all parties will be facilitated by the mediator(s).

• Following the mediated session, discussions about any agreed outcomes will

normally take place between the parties to the mediation, the line manager(s) and HR staff.

• Both the parties and the organisation will be asked to feedback on the

effectiveness of the mediation process. Any information will be held in the strictest confidence and used for monitoring purposes only.

12. False allegations

Where it is concluded that concerns of inappropriate behaviour were not made in good faith, the actions will be treated as being with malicious intent and dealt with under the NHS organisations disciplinary policy and procedure. Where it is concluded that the false concerns were based on a genuine, albeit mistaken belief, the employee will be advised of the potentially serious nature of the mistake, although no further action would be taken. It is expected that the early discussions with the confidential contact, HR advisor or staff side representative, where this occurs, would ensure that it is unlikely that false allegations would be made.

13. Bullying and harassment by those not employed by the NHS organisation

The Equality Act 2010 makes employers potentially liable for the harassment of their employees by people (third parties) who are not employees of their organisation, such as customers or clients. Employers will only be liable in circumstances where the harassment has occurred on at least two previous occasions, they are aware that it has taken place, and no reasonable steps have been taken to prevent it from happening again.

This will include:


• Patients, residents and clients • Relatives, carers and advocates • Staff from other agencies

Whilst it is accepted that staff working within the NHS organisation have to deal with clients/patients with a variety of conditions which may affect their behaviour, it is also the case that where bullying and harassment and inappropriate behaviour is carried out by others that they should report this to their line manager immediately. The line manager should advise the member of staff of the appropriate action to take. Staff from other agencies must be made aware of this procedure and should be supported by their line manager should this situation arise.

14. Support and advice

It is recognised that a complaint of bullying or harassment or inappropriate behaviour is likely to be a distressing experience for all parties involved. Accordingly, the support network is available to help members of staff who find themselves in these circumstances. Employees who feel that they are subject to bullying/harassment or inappropriate behaviour are strongly urged not to accept the situation and to do something about it. In these circumstances it may be helpful to discuss the situation in confidence with someone to decide the best approach. In this respect any one or more of the following may be contacted:

• Line or senior manager • Member of the human resources department • Trade union, staff organisation or professional association representative • Occupational health department

15. External support and guidance

Whilst staff are encouraged to seek help and assistance from within the organisation, there are also a number of external agencies that may be of further assistance. These include:

• Andrea Adams Trust: www.andreaadamstrust.org • ACAS : www.acas.org.uk • Bully Online: www.bullyonline.org • Equality and Human Rights Commission: www.equalityhumanrights.com • LGBT Excellence Centre : http://www.ecwales.org.uk/ • National Bullying Helpline - http://www.nationalbullyinghelpline.co.uk/ Tel

Helpline 0845 22 55 787 – line open from Monday – Thursday, 10.00am – 4.00pm

• NHS Centre for Equality and Human Rights: www.wales.nhs.uk/equality • Staff Partnership Forum - www.wales.gov.uk/partnershipforum • Stonewall Cymru: www.stonewall.org.uk • Transgender Wales – www.tgwales.org

16. Training

http://www.andreaadamstrust.org/

http://www.acas.org.uk/

http://www.bullyonline.org/

http://www.equalityhumanrights.com/

http://www.ecwales.org.uk/

http://www.nationalbullyinghelpline.co.uk/

http://www.wales.nhs.uk/equality

http://www.wales.gov.uk/partnershipforum

http://www.stonewall.org.uk/

http://www.tgwales.org/


• All new members of staff will be informed of this policy and how it applies to

them during the NHS organisations induction process.

• All members of staff will have access to equality awareness training.

The following training matrix will be implemented as a minimum:

Who What When Staff Provided with a briefing to raise

awareness of the policy and the importance of own behaviours

Within 1 month of the launch of the policy and on induction

Line Managers

Provided with knowledge and skills on: • Dealing with conflict between

colleagues • Using the policy

Within 12 months of starting as a manager/launch of the policy

Support network

Provided with knowledge and skills of: • Using the policy • Be able to provide guidance on options

within the policy

Prior to be able to act as part of the support network

Mediators • Accredited mediator Prior to providing mediator services

Investigating Officers

Provided with skills of investigating dignity at work investigations (experience of dignity at work investigations will suffice for the first 6 months of the implementation of the policy)

Prior to being able to investigate complaints

Reviewers and Independent Persons Hearing

Provided with skills of identifying issues within dignity at work investigations (experience of dignity at work investigations will suffice for the first 6 months of the implementation of the policy)

Prior to being able to act as a chair on “hearings”

17. Monitoring

Details of all dignity at work procedure outcomes will be recorded in a database and reported on periodically to the Senior Management Team and Board.

18. Review of policy All policies are subject to ongoing review to ensure they are compliant with all aspects

of employment and equality law, best practice and ACAS guidance. This policy will be subject to full and formal review within 2 years of implementation.


Appendix A

The Legal Framework 1. Harassment The legal framework on harassment has been strengthened by the Equality Act 2010. Most of the provisions of the Equality Act were effective on 1st October 2010. Guidance on the application of the law for incidents which occurred before 1st October 2010 is available at http://www.equality.gov.uk/equality_act_2010/equality_act 2010_transitiona.aspx The following explanation of the provisions for harassment related to a protected characteristic is taken from the Equality Act 2010: Statutory Code of Practice on Employment available at www.equalityhumanrights.com The Equality Act 2010 uses a single definition of harassment: ‘unwanted conduct related to a relevant protected characteristic and which has the purpose or the effect of violating the worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker’. The relevant protected characteristics are:

• Age • Disability • Gender Reassignment • Race • Religion or Belief • Sex • Sexual Orientation

Pregnancy and maternity and marriage and civil partnership are not protected directly under the harassment provisions. However, harassment on the grounds of pregnancy and maternity would amount to harassment related to sex, and harassment related to civil partnership would amount to harassment related to sexual orientation. Unlike direct discrimination, harassment does not require a comparative approach; it is not necessary for the worker to show that another person was, or would have been, treated more favourably. For an explanation of direct discrimination, please refer to Chapter 4 of the Employment Statutory Code of Practice. Equality Act 2010 available at www.equalityhumanrights.com 2. Types of Harassment The following which explains the provisions on harassment related to a relevant protected characteristic is taken from the Statutory Code of Practice on Employment. The Equality Act prohibits three types of harassment:

http://www.equality.gov.uk/equality_act_2010/equality_act%202010_transitiona.aspx




• harassment related to a relevant protected characteristic • sexual harassment; and • less favourable treatment of a worker because they submit to, or reject,

sexual harassment or harassment related to sex or gender reassignment. 2.1 Harassment related to a relevant protected characteristic Unwanted conduct ‘related to’ a protected characteristic has a broad meaning in that the conduct does not have to be because of the protected characteristic. It includes the following situations: Where conduct is related to the worker’s own protected characteristic Example: If a worker with a hearing impairment is verbally abused because he wears a hearing aid, this could amount to harassment related to disability. Where a person is generally abusive to more than one worker but, in relation to a particular worker, the form of the unwanted conduct is determined by that worker’s protected characteristic. Example: During a training session attended by both male and female workers, a male trainer directs a number of remarks of a sexual nature to the group as a whole. A female worker finds the comments offensive and humiliating to her as a woman. She would be able to claim for harassment, even though the remarks were not specifically directed at her. Where there is any connection with a protected characteristic Where the unwanted conduct is dictated by a relevant protected characteristic, whether or not the worker has that characteristic themselves. This means that protection against unwanted conduct is provided where the worker does not have the relevant protected characteristic, including where the employer knows that the worker does not have the relevant protected characteristic. This may arise in several situations: The worker may be associated with someone who has a protected characteristic Example A worker has a son with a severe disfigurement. His work colleagues make offensive remarks to him about his son’s disability. The worker could have a claim for harassment related to a disability. The worker may be wrongly perceived as having a protected characteristic.


Example A Sikh worker wears a turban to work. His manager wrongly assumes he is Muslim and subjects him to Islamaphobic abuse. The worker could have a claim for harassment related to religion or belief because of his manager’s perception of his religion. The worker is known not to have the protected characteristic but nevertheless is subjected to harassment related to that characteristic. Example A worker is subjected to homophobic banter and name calling, even though his colleagues know he is not gay. Because the form of the abuse relates to sexual orientation, this could amount to harassment related to sexual orientation. The unwanted conduct related to a protected characteristic is not directed at the particular worker but at another person or no one in particular. Example A manager racially abuses a black worker. As a result of the racial abuse, the black worker’s white colleague is offended and could bring a claim of racial harassment. The unwanted conduct is related to the protected characteristic, but does not take place because of the protected characteristic. A female worker has a relationship with her male manager. On seeing her with another male colleague, the manager suspects she is having an affair. As a result, the manager makes her working life difficult by continually criticising her work in an offensive manner. The behaviour is not because of the sex of the female worker, but because of the suspected affair which is related to her sex. This could amount to harassment related to sex. 2.2 Sexual harassment Sexual harassment occurs when a person engages in unwanted conduct as defined earlier and which is of a sexual nature. Conduct ‘of a sexual nature’ can cover verbal, non-verbal or physical conduct including unwelcome sexual advances, touching, forms of sexual assault, sexual jokes, displaying pornographic photographs or drawings or sending emails with material of a sexual nature. 2.3 Less favourable treatment for rejecting or submitting to unwanted conduct The third type of harassment occurs when a worker is treated less favourably by their employer because that worker submitted to, or rejected unwanted conduct of a sexual nature, or unwanted conduct which is related to sex or to gender reassignment, and the unwanted conduct creates for them any of the circumstances as defined earlier.


Example A shopkeeper propositions one of his shop assistants. She rejects his advances and then is turned down for a promotion which she believes she would have got if she had accepted her boss’s advances. The shop assistant would have a claim for harassment. Under this type of harassment, the initial unwanted conduct may be committed by the person who treats the worker less favourably or by another person. 2.4 ‘Purpose or effect’ For all three types of harassment, if the purpose of subjecting the worker to the conduct is to create any of the circumstances defined earlier, this will be sufficient to establish unlawful harassment. It will not be necessary to inquire into the effect of that conduct on that worker. Regardless of the intended purpose, unwanted conduct will also amount to harassment if it has the effect of creating any of the circumstances defined earlier. Example Male members of staff download pornographic images on to their computers in an office where a woman works. She may make a claim for harassment if she is aware that the images are being downloaded and the effect of this is to create a hostile and humiliating environment for her. In this situation, it is irrelevant that the male members of staff did not have the purpose of upsetting the woman, and that they merely considered the downloading of images as ‘having a laugh’. For more information on ‘purpose or effect’, please refer to Chapter 7 of the Statutory Code of Practice on Employment available at www.equalityhumanrights.com 2.5 Harassment by third parties Employers may be liable for harassment of job applicants and employees by third parties. A third party is anyone who is not the employer or another employee. It refers to those over whom the employer does not have direct control such as staff employed by an external contractor or the relatives of patients and staff. The duty on employers to prevent third party harassment arises where the employee or job applicant has been harassed by a third party on at least two occasions, and the employer is aware of the harassment but fails to take ‘reasonably practical steps’ to prevent harassment by a third party happening again. Third party harassment is referenced in this policy in section 13. For more information on the legal provisions relating to this type of harassment, please refer to sections 10.20 to 10.24 of the Statutory Code of Practice on Employment available at www.equalityhumanrights.com




3. Bullying It is not possible to make a direct complaint of unlawful discrimination in respect of bullying to an employment tribunal. However, employers have a ‘duty of care’ for all their employees. If the mutual trust and confidence between employer and employee is broken, for example, through bullying and harassment at work, then an employee can resign and claim ‘constructive dismissal’ on the grounds of breach of contract. Breach of contract may also include the failure to protect an employee’s health and safety at work. Under the Health and Safety at Work Act 1974 employers are responsible for the health, safety and welfare at work of all employees. Harassment and bullying are recognised as serious health hazards because of the stress they cause. For more information on the above please refer to the websites of ACAS at www.acas.org.uk or the Health and Safety Executive (HSE) at www.hse.gov.uk 4. Other Relevant Legislation 4.1 Criminal Justice & Public Order Act 1994 This defines a criminal offence of intentional harassment which covers all forms of harassment, including sexual harassment. A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, they:

• use threatening, abusive or insulting words or behaviour , or disorderly behaviour or

• display any writing, sign or other visible representation which is threatening,

abusive or insulting, thereby causing that or another person harassment, alarm or distress.

4.2 Protection from Harassment Act 1997 This Act was introduced following concerns that stalking was not sufficiently covered by other legislation. However, it does not refer solely to stalking and covers harassment in a wider sense. The Act makes it a criminal offence to pursue a course of conduct (on at least two occasions) that amount to harassment or which causes a person to fear that violence will be used against them. If found guilty, an individual is liable to six months imprisonment and/or a fine not exceeding level 5 on the standard scale. If someone is harassed at their place of work they could decide to take action for damages using the Protection from Harassment Act rather than by going to an Employment Tribunal. There is a raft of other legislation that may be relevant to issues of dignity at work. These include:

• Rehabilitation of Offenders Act 1974 • EC Code of Practice on Protecting the Dignity of Women and Men at Work

1991

http://www.acas.org.uk/

http://www.hse.gov.uk/


• Trade Union and Labour Relations (Consolidation) Act 1992 • Welsh Language Act 1993 and Welsh Language (Wales) Measure 2011 • Employment Rights Act 1996 • Human Rights Act 1998 • Public Interest Disclosure Act 1998 • Malicious Communications Act 1998 • Employment Relations Act 1999 • The Gender Recognition Act 2004 • Employment Act (Dispute Resolution) Regulations 2004

APPENDIX B

Dignity at Work Process Step 1 – Individual raises concerns

Step 2 – Offer of mediation and acceptance

Resolved Or mediation

fails

Step 3 – Dignity at work investigation

Step 4 – Outcome of investigation

Offer turned down by

either party

Step 5 – Feedback and/or action plan

Step 6 – Review

Step 7 – Monitoring and review


“NHS Organisation” Dignity at Work Policy · Dignity at Work Policy – Version 11 (11/05/11) 5...

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