Bullying And Harassment Policy

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Bullying and Harassment PolicyReference Number:119Author & Title:Caroline HolcombeDeputy HR Business PartnerResponsible Director:Human ResourcesReview Date:07 July 2019Ratified by:Strategic Workforce CommitteeDate Ratified:07 July 2016Version:7.0Related Policies andGuidelines Code of Expectations of EmployeesRaising ConcernsGrievanceAppealsManaging ConductManaging Organisational ChangeManaging Stress & Well-being at WorkManaging PerformanceDocument name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 1 of 26

Index:1.Policy Summary 41.1. Bullying and Harassment Process 72.Scope 83.Purpose 84.Legislation 95.Definition of Terms Used 106.Duties and Responsibilities 116.1 Employees 116.2 Managers 126.3 Human Resources 126.4 Representation/Companion 126.5 Trade Unions 137.Procedure 137.1 Informal Procedure 137.1.1Mediation 147.1.2EAP Counselling and Occupational Health Support 147.1.3Harassment Advisors 157.2 Formal Procedure 157.3 Timescales 167.4 Separation of Employees 167.5 Action following an upheld complaint 177.6 Right of Appeal 187.7 Harassment and Bullying involving external parties 188.Training 189.Equality Analysis 1910. Monitoring Compliance 1911. Review 1912. References 19Appendix 1:Support Available within the Trust 20Appendix 2:Guidance on raising a Bullying and/or Harassment Complaint 21Appendix 3: Notification of Bullying and/or Harassment Complaint Form 22Document Control Information 24Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 2 of 26

Ratification Assurance Statement 24Consultation Schedule 25Equality Impact: (A) Assessment Screening 26Amendment HistoryIssue y201216 April2013Reason for ChangePlanned ReviewAuthorisedManagement BoardPlanned ReviewJuly 2016Planned ReviewLynn Vaughan,Director of HumanResourcesStrategic WorkforceCommitteeDocument name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 3 of 26

1. Policy SummaryAs an equal opportunities employer, the Trust supports a working environment forindividuals in which dignity at work is paramount. The purpose of this policy is tosupport a working environment and culture in which bullying, harassment,victimisation and illegal discrimination are unacceptable and to provide a properframework in which complaints about these matters can be dealt with.All employees have the right to be treated with consideration, dignity and respect.Bullying and harassment will not be tolerated by the Trust in any form.The Trust’s Code of Expectations of Employees sets out the values and expectedbehaviours of conduct from all Trust employees. Each and every employee isrequired to adopt and follow these at all times.The Trust values and behaviours are:Everyone MattersWe willWe will not Treat everyone as an individual – see theperson, understand their needs, respect theirviews, choices and dignity Take time to care – be attentive andconsiderate, notice the little things Value and respect others – make ions, say thank you Be friendly and polite – smile, introduceyourself, welcome everyone and buildrelationships Be kind and caring – put yourself in other’sshoes, show empathy and compassion Be calm and reassuring – put people atease, create cheerful and welcomingenvironments Make assumptions – discard people’s viewsand choices or compromise people’s dignity,treat people unfairly or discriminate Be dismissive – avoid taking the time tounderstand people, rush instead of doingthings properly Undermine others – gossip, backstab, makepeople feel stupid, belittled or that theircontributions don’t matter Be rude – avoid eye contact or introductions,make people feel unwelcome or like anuisance Be unsympathetic – make judgments, labelor patronise people Leave people isolated or anxious – beunsupportive, leave people feeling worried,alone, in pain or in distressDocument name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 4 of 26

Working TogetherWe willWe will not Communicate – clearly, openly, honestly,sensitively and in a timely manner Actively listen – make time to listen, hearpeople and respond Share information – be transparent, keeppeople informed, explain clearly, invite peopleto ask questions, check people understand Involve and empower others – sharelearning, welcome people’s ideas and givechoices Be helpful – be aware of others, ask people ifthey need help, follow things through Support each other – cooperate to providethe best possible service Overcomplicate information – communicatein jargon or insensitive language instead ofplain language Ignore people – refuse to hear people’scomments or views, fail to respond or providefeedback Leave people not knowing – or finding out bychance,givevagueorincompleteexplanations, be too busy for people to askquestions Dictate to others – ignore people’s ideas andsuggestions Avoid others in need – leave thingsunresolved, be inconsiderate of others’feelings Be un-cooperative – create obstacles orresist sharing information and resources withother people and departmentsMaking a DifferenceWe willWe will not Be proactive – prepare, take responsibility,influence whenever you can, focus onsolutions, be open to change Speak up – encourage everyone to have avoice and help people to be heard Take pride – in ourselves, what we do andwhere we work, celebrate achievements andchoose a positive attitude Contribute – share ideas, be curious,challenge yourself and others to continuouslyimprove the way we work Be willing to learn – develop yourself andother’s skills, knowledge, confidence andability, be prepared to learn from others, giveand receive feedback Be responsive and efficient – take the timeto do things effectively and be respectful ofother people’s time Pass the buck – avoid taking responsibility orblame others Ignore poor standards - bottle up concernsor worries, or turn a blind eye, avoid issues orproblems Criticise others – moan, complain, focus onproblems, be negative or pass negativity on Be inflexible– stick to our old ways, bereluctant to change or consider improved waysof working Be defensive – refuse to give or receiveconstructive feedback or learn from others,avoid asking for help Wait to be chased – be avoidably late orkeep people waiting, not replyThe Trust’s Managing Conduct Policy includes serious bullying, discrimination andharassment as examples of gross misconduct, which can result in dismissal withoutnotice.Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 5 of 26

Many incidents and patterns of behaviour can be dealt with effectively in an informalway and every effort should be made to resolve matters informally before a formalapproach is adopted, although this may not always be possible or appropriate.Allegations raised regarding bullying and harassment will be taken seriously andtreated confidentially. The Trust gives an assurance that there will be novictimisation against an employee making a complaint under this policy or againstemployees who assist or support a colleague in making a complaint. However,disciplinary action may also be taken if a complaint is found to have been mademaliciously or in bad faith.The chart in section 1.1 shows the sequence of events once a complaint has beenreceived. The Trust’s Bullying and Harassment Advisors can be accessed at anystage of the process, alongside support from Human Resources (HR), Trade Unionsand the Employee Assistance Programme (EAP). Contact numbers and furtherinformation is detailed in Appendix 1.Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 6 of 26

1.1.Bullying and Harassment ProcessThe chart below shows the sequence of events once a complaint has been received.HR, Trade Union representatives and Employee Assistance Programme (EAP) andOccupational Health can be accessed at any stage of this process, contact numbersare detailed in Appendix 1. In addition, if staff wish to raise a concern internallyregarding bullying and harassment and do not feel happy using any of the stages inprocess detailed below, they may approach Moira Brennan or Nigel Sullivan, NonExecutive Directors of the Trust who will act in the capacity of ‘Bullying andHarassment Advisors’, via the Chairman’s office on Ext: - 4032.Complaint aboutbehaviour received.Commence formalprocess - complaintto be in writing tomanager, or if a verysenor employee toline manager'smanager.Informal resolutionby boh parties ortheir manager.Mediationcan beaccessedthroughout thisprocess.If necesarymanagement actionto restore effectiveworking relationship.No case to answer,informalrecommendationsmay be made.Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerFormal investigationundertaken ifdeemed necessaryfollowing meetingwith manager or linemanager's manager.If case to answermatter will betreated asdisciplinary offencefollowing theMnaging ConductPolicy.Ref.: 119Status: FinalPage 7 of 26

2. ScopeThis policy applies to all employees and other workers in the course of their dutiesfor the Trust, which includes work-related social events and visitors to Trustpremises.The purpose of this policy is to set out the steps to be followed in making a formal oran informal complaint against another member of staff.3. PurposeHarassment, in general terms, is ’unwanted conduct related to a relevant protectedcharacteristic, which has the purpose or effect of violating an individual’s dignity orcreating an intimidating, hostile, degrading, humiliating or offensive environment forthat individual’. The relevant protected characteristics are age, disability, genderreassignment, race, religion or belief, sex and sexual orientation. Harassment maybe persistent or an isolated incident. The key element is that the actions orcomments are viewed as demeaning and unacceptable to the recipient. Therecipient’s view will not, however, constitute the only interpretation as to what isreasonable behaviour and what is not.The complainant does not need to possess the relevant characteristic themselvesand can be because of their association with a person who has a protectedcharacteristic, or because they are wrongly perceived to have one, or are treated asif they do. Harassment applies to all protected characteristics except for pregnancyand maternity where any unfavourable treatment may be considered discriminationand marriage and civil partnership where there is no significant evidence that it isneeded.Bullying may be characterised as offensive, intimidating, malicious or insultingbehaviour or an abuse of authority through means intended to undermine, humiliate,denigrate or injure the recipient.Bullying and/or harassment may be by an individual against an individual, perhapsby someone in a position of authority such as a manager or supervisor, or involvegroups of people. A manager may be bullied by a direct report. Bullying and/orharassment may be obvious or it may be insidious. Whatever form bullying and/orharassment takes, it is unwarranted and unwelcome to the individual.Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 8 of 26

Examples of unacceptable behaviour that can be considered to constitute bullyingand/or harassment are as follows; please note this list is neither exhaustive norexclusive. Bullying by exclusion - this may take the form of social isolation and/orexclusion from meetingsThe deliberate withholding of information with the intention of affecting acolleague’s performanceUnfair and destructive criticismUndermining an individual’s self-esteem by condescending, patronising orthreatening behaviourIntimidating behaviour, including physical abuse or the threat of physicalabuseVerbal abuse, abuse in correspondence and e-mails and the spreading ofunfounded rumoursHumiliation or ridiculeCoercion for sexual favoursSetting of unrealistic targets which are unreasonable and/or changed withlimited notice or consultationSharing information that is critical about someone to others that do notneed to knowTurning down reasonable requests without a good reasonMisrepresentation of the views of othersThis list is neither exhaustive nor exclusive.The use of the Trust’s policies and procedures to manage the behaviour, sicknessabsence and performance of employees will not normally constitute bullying,harassment, victimisation or discrimination, unless the policies are determined tohave been applied in an inappropriate or inconsistent manner by an individualmanager.4. LegislationThere is a range of legislation relating to harassment and bullying: Equality Act 2010Health and Safety at Work Act 1974Criminal Justice and Public Disorder Act 1995Employment Rights Act 1996Protection from Harassment Act 1997Crime and Disorder Act 1998Employment Act 2002Employment Equality (Sexual Orientation) Regulations 2003Employment Equality (Religion or Belief) Regulations 2003Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 9 of 26

The Equality Act 2010, the Employment Equality (Religion or Belief) Regulations2003, the Employment Equality (Sexual Orientation) Regulations 2003 and theEmployment Equality (Age) Regulations 2006 all contain an express definition ofunlawful harassment as a distinct form of unlawful discrimination. This is where, ongrounds of race, ethnic or national origins, religion or belief, sexual orientation, orage, person A engages in unwanted conduct that that has the purpose or effect ofviolating person B's dignity or creating an intimidating, hostile, degrading, humiliatingor offensive environment for person B. Conduct shall be regarded as having thiseffect only if, having regard to all the circumstances, including in particular theperception of B, it should reasonably be considered as having that effect.The Equality Act 2010 sets out two definitions of sexual harassment: one for sexualharassment and one for sex-based harassment. Sex-based harassment happenswhere unwanted conduct related to the sex of a person occurs with the purpose oreffect of violating the dignity of that person, or of creating an intimidating, hostile,degrading, humiliating, or offensive environment.Sexual harassment happens where any form of unwanted verbal, non-verbal orphysical conduct of a sexual nature occurs, with the purpose or effect of violating thedignity of a person, or of creating an intimidating, hostile, degrading, humiliating, oroffensive environment. Harassment on grounds of gender reassignment is alsoprohibited by the Equality Act 2010. Where there is no intention to violate the other'sdignity or create such an environment, the behaviour is to be regarded as having theeffect of doing so only if, having regard to all the circumstances, including inparticular the perception of the other person, it should reasonably be considered ashaving that effect.5. Definition of Terms UsedBullying: characterised as offensive, intimidating, malicious or insulting behaviour oran abuse of authority through means intended to undermine, humiliate, denigrate orinjure the recipient.Bullying and/or harassment may be by an individual against an individual, perhapsby someone in a position of authority such as a manager or supervisor, or involvegroups of people. A manager may be bullied by a direct report. Bullying and/orharassment may be obvious or it may be insidious. Whatever form bullying and/orharassment takes, it is unwarranted and unwelcome to the individual.Harassment: unwanted conduct related to a relevant protected characteristic, whichhas the purpose or effect of violating an individual’s dignity or creating anintimidating, hostile, degrading, humiliating or offensive environment for thatindividual’. The relevant protected characteristics are age, disability, genderreassignment, race, religion or belief, sex and sexual orientation. Harassment maybe persistent or an isolated incident. The key element is that the actions orcomments are viewed as demeaning and unacceptable to the recipient. Therecipient’s view will not, however, constitute the only interpretation as to what isreasonable behaviour and what is not.Document name: Bullying and Harassment PolicyIssue date: 05 August 2016Author: Caroline Holcombe – Deputy HR Business PartnerRef.: 119Status: FinalPage 10 of 26

Mediation: Mediation is a completely voluntary and confidential form of alternativedispute resolution. It involves an independent, impartial person helping two ormore individuals or groups reach a solution that's acceptable to everyone. Themediator can talk to both sides separately or together. Mediators do not makejudgments or determine outcomes - they ask questions that help to uncoverunderlying problems, assist the parties to understand the issues and help them toclarify the options for resolving their difference or dispute.The overriding aim of workplace mediation is to restore and maintain theemployment relationship wherever possible. This means the focus is on workingtogether to go forward, not determining who was right or wrong in the past.Many kinds of dispute can be mediated if those involved want to find a way forward.It can be used at any stage in a dispute but is most effective before positionsbecome entrenched.Employment Assistance Programme (EAP): A free and confidential supportservice available to RUH staff and their immediate family members. EAP is amember of the British Association for Counselling and Psychotherapy and abides byits Ethical Framework for Good Practice in Counselling and Psychotherapy.6. Duties and Responsibilities6.1EmployeesEach employee has a responsibility for their own behaviour and is responsible forensuring that their conduct is in line with the standards set out in this policy.Employees are encouraged to report incident

Document name: Bullying and Harassment Policy Ref.: 119 Issue date: 05 August 2016 Status: Final Author: Caroline Holcombe – Deputy HR Business Partner Page 7 of 26 1.1. Bullying and Harassment Process The chart below shows the sequence of events once a complaint has been received.

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