Dignity within The Workplace

Supporting colleagues who are targets of Behaviour

Representing the concerns and interests of both palliative care social workers and the patients and families with whom they work.

© Association of Palliative Care Social Workers 2009

2

Introduction

The issue of bullying at work was first raised in a public forum within the Association at the 2000 Conference. A group of members volunteered to set up a Working Party to find out what bully at work is and whether it was a problem for the membership. A questionnaire was then designed and sent to members via the regional representatives. During a period of 7 months 49 questionnaires were returned (approximately a quarter of the membership) with 23 members confirming that they had been targeted by a bully at work, These findings were presented at the 2002 Conference AGM where the membership proposed that an information and advice booklet be put together to support colleagues who are bullied.

Ball (1998) notes that research the Manufacturing, Science and Finance Union on bullying and workplace stress found the biggest increase in bullying at work was found in the voluntary sector, and Tehrani (in Crouch 2002) found in her research one in six nurses in the NHS have experience bullying, and three in five NHS staff have witnessed bullying at work.

This booklet will always be a work in progress, as the relevant become more openly discussed and identified, but we hope that it will help those who need it. It is designed to be of help and support to members of the Association who are being bullied. To do this in the fullest way possible it starts with definitions and the effects of bullying so that the issues are clearly stated and described before moving on to suggestions for help and support.

It is also intended to advise members on how to ensure that bullying does not occur within their own work place, and that the concept of dignity at work is included in the essential policies.

Association of Palliative Care Social Workers 2006

3

Contents

Introduction page 3

Defining bullying at work page 5

A bullying culture page 6

Bullying behaviour page 7

The impact of bullying page 8

Self Help page 9

Finding Support page 11

Organisational issues page 14

References page

4 Defining bullying at work

The Oxford English Dictionary defines a bully as “a person using strength or power to coerce others by fear”

“Persistent, offensive, abusive, intimidating, malicious or insulting behaviour, abuse of power or unfair penal sanctions, which make the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self control and which may cause them to suffer stress”

The Manufacturing, Science and Finance Union (1994)

“…the aggressive behaviour arising from the deliberate attempt to cause physical or psychological distress to others”

Peter Randall, Adult Bullying – Perpetrators and Victims (1998) Rutledge

“Bullying in the workplace us repeated aggression, verbal, psychological or physical, conducted by an individual or group against another person or persons. Bullying is where aggression, cruelty, viciousness, or a need to humiliate dominates relationships…. only aggressive behaviour which is systematic and ongoing should be regarded as bullying”

Health & Safety Authority, Ireland

“Offensive, intimidating, malicious, insulting or humiliating behaviour, abuse of power or authority which attempts to undermine an individual or group of employees and which may cause them to suffer stress”

UNISON – “Bullying at Work”

The last definition is the one the Working Party selected to use as it is a clear definition of the problem and differentiates bullying from . 5

“Bullying differs from harassment and discrimination in that the focus is rarely based on gender, race or disability. The focus is often on competence, or rather alleged lack of competence of the bullied person. In reality, the target of bullying is often competent and popular, and the bully is aggressively projecting their own social, interpersonal and professional inadequacy onto their target. The purpose of projection is to avoid facing up to that inadequacy and doing something about it, and - mainly - to distract and divert attention away from the bully's inadequacies, shortcomings and failings .

http://www.bullyonline.org/action/policy.htm (Accessed January 2009)

A bullying culture

Whilst not excusing individual action, bullying may take place because the workplace culture is one which excuses or promotes bullying. A bullying culture is allowed to exist and is fed by negativity, backbiting, fear and lies. Wright and Smye (1997) note three types of such negative and abusive work environments.

 Win/lose culture. In this culture everyone is concerned in themselves, it is highly competitive and information is power to withhold from others and strengthen ones own position, This culture entirely negates teamwork.  culture. In this situation staff are ruled by fear and are frightened to step out of line in case they become a target for intimidation. When others are bullied the rest of the staff ignore it as they are being left alone.  Sacrifice culture. In this culture people put their careers and work before anything else, resulting ultimately in illness for those that can not do that, and isolation and for those who can not or will not join in with it.

In cultures such as these, where bullying exists throughout it will be especially difficult to challenge it, as it has become accepted and expected as usual behaviour.

6

Bullying behaviour

The Working Party does not believe that bullying is acceptable in any agency. Bullying is not “a functional part of the workplace” ¹

Bullying is not good management. Good management is about enabling staff to perform at their best for the good of the company and its clients. It is about making difficult decisions according to the function of the organisation. Management requires insight and understanding; it relies on the ability to maintain a vision of good service and value for money. A good manager does not have to be tough or strong but she/he may have to make difficult decisions because of necessary priorities. Peyton (2003) suggests that bullying is usually modelled from the highest level in an organisation. She notes,

“In the main, bullying is modelled from the top down, and what is seen lower down reflects what is happening above ” (p.19)

Bullying is not cost effective and is not in any way managing – it is mis- managing. An agency that permits its staff to be bullied or mis-managed is one step away from permitting that to happen to its service users. Hoel and Cooper’s UNMIST study of 2000assert that,

“The findings in this study show that with better management training and awareness, bullying is avoidable. not only damages the individual, but everyone who experiences it.”

Obvious Bullying Behaviour

 Repeatedly shouting or swearing at someone in public or private.  Public – for example making someone the target of jokes.  Persistent criticising.  Personal and .  Continual fault finding and continual criticism.  Continual undermining of self position.  Being overruled, ignored, marginalised or excluded.  Making threats.  Belittling a workers role or profession

7 Less Obvious Bullying Behaviour

 Setting up individuals up to fail – setting unrealistic goals which change as they are reached.  Removing areas of responsibility and imposing menial tasks.  Deliberately sabotaging or impeding work performance.  Constantly changing guidelines.  Taking credit for someone else’s work successes and denying their input.  Isolating someone from their colleagues and potential supporters.

The impact of bullying

General Symptoms

 Loss of confidence  Increase of stress levels  Reduction in performance  Inability to make decisions  Obsession with the bully  Out of character behaviour  Constant approval seeking  Poor time keeping

Physical Symptoms

Sleeplessness and fatigue, tearfulness, irritability, headaches, high blood pressure, palpitations, stomach and bowel problems etc.

Emotional Symptoms

Vulnerability, isolation, powerlessness, loneliness, fear and anxiety etc.

One of the most insidious side effects of bullying at work may be to make the target appear to be unprofessional or incompetent, when really they are just trying to cope with the emotional and physical impact of the bullying. Bullying may cause a confident and capable worker to feel and appear to be unable to function at work.

8 Self Help

First of all a target of bullying has to recognise that they are being bullied. This may be clear to someone straight away or, because of the effect of the bullying, the target may be blaming themselves or may be unable to define what is happening.

A person in this position could reflect on the examples of bullying previously listed and consider whether they explain what is happening to them. It may be useful then to talk to someone who is trusted to go over the situation, to enable a clear understanding of what is happening – this could be a friend or relative, a colleague away from the agency, an external supervisor or member of the APCSW.

Some people are ashamed to admit to being bullied. If a worker believes that they are being bullied it is important to recognise that it is not their fault. No one should be bullied at work, everyone has the right to dignity and fair treatment at work.

Actions to take

(from the Andrea Adams Trust fact sheet)

Before you decide to take action through official channels, it is worth considering an informal approach. Bullying at work usually affects several members of staff at any one time. The more people experiencing the same type of conduct, the less likely any complaint will be thought of as a personality clash on your part. So, check to see is any of your colleagues are experiencing the same treatment as you.

Initial tactics recommended to deflect the bully are broadly to stand firm, remain confident and keep calm. Asserting yourself by keeping a detailed record of every verbal or other attack will provide sound evidence to confront the bully with at a later stage. The need for proof is essential.

Loss of confidence, the confusion of professional and personal characteristics and abilities, the feelings of shame and degradation, is all part of the victim experience. Do not become isolated, seek support and remember you also have a position of power because your ability or popularity threatens the bully, this is why you are the target. 9 Things to remember to do

Make sure you know exactly what your job description is so that you can check whether the responsibilities you are given match it. Keep a record of all incidents which cause you distress or are undermining and any disparaging attacks on your character or personal competence – log dates and details and write down your feelings after each such occurrence together with your own responses.

Keep copies of all annual appraisals and correspondence relating to your ability to do the job. Try to get witnesses to bullying incidences – try to avoid situations where you are alone with the bully. Talk to colleagues and see if they will support you. If the bully has made disparaging claims against you then send them a memo refuting them. Any reply will add to your evidence, as a refusal to respond.

Find out if your employer has a policy on harassment or unacceptable behaviour, which may cover bullying. Take evidence of your experiences to your Trade Union, Welfare Officer, Equal Opportunities, Health & Safety, Occupational Health Advisers or Personnel Officers.

Keep your complaint as objective as possible so that you can not be accused of filing the compliant out of malicious or ambition. Stand calm and firm and do not allow yourself to be a victim but do not take alone if you are afraid of losing control. Sick leave need not be a sign of weakness, it can be a strategy to take time over decisions about what to do next.

Make sure you keep all those you have asked for help informed of all developments. Follow the company’s grievance procedure with the help and support of your union or Personnel Officer.

If you do decide to resign, let your company know that you are leaving because you have been bullied. It may well help others in the future. Seek stress management and assertiveness training. Apart from being generally beneficial to you, it will help you to cope more effectively should you face a similar situation in future.

This is an example on what to do it one is being targeted by a work place bully, It is from an example of a draft dignity at work policy.

From Peyton (2003 p.89)

10 Appendix

What to do it you are being bullied at work

1. Do not ignore it. It is unlikely to stop and as much as you want or pray for that bully to leave, they are unlikely to do so. 2. Find out if your company has a written policy that covers harassment and bullying, If it has the procedures to follow, these should be clearly laid out. 3. Log all incidents of bully, including dates, time, nature of the incident etc. Write down actual words used and stick to the facts. 4. Note your feelings and what said or did, if anything. 5. Write down the names of any witnesses who were present or within earshot at the time, even if you don’t think they will speak up for you. 6. Keep copies of any written materials, letters, e-mails, faxes etc. that are offensive and would constitute bullying. 7. Ask a colleague to accompany you to ask the bully to stop behaving in this way towards you. 8. If you feel you can not confront the bully, send them a memo stating the nature of the behaviour and the effects it is having on you and ask them to stop. Keep a copy of this document safely, preferably at home but away from your work site. 9. Report the incidents to a supervisor or manager. If it is the supervisor or line manager who is the one bullying you, go directly to human resources. 10. If applicable ask your union representative for guidance.

Remember you are the most important person in all of this and to look after yourself is of paramount importance

Finding Support – Colleagues and Management

There may be members of your organisation who could help and support you – they may have insight into the concept of bullying or have witnessed incidents, or be previous or current other targets. They could support you directly by backing up a complaint or grievance or, if that colleague is not being targeted, they could provide indirect support by beginning an Awareness Raising Programme – by asking management to consider a policy on bullying or by circulating information on bullying and its negative side effects. There may also be members of the management team you could approach for confidential advice and support. 11 Unison

Unison believes that bullying at work is unacceptable behaviour. UNISON’s experience is that managers are increasingly bullying their staff to drive them harder.

If you are being bullied UNISON must provide you with support and must aim to persuade the employer to properly manage issues of bullying. Contact your steward or Regional Branch for advice.

General Social Care Council

In the codes or practice for social care employees, the GSCC states:

2. “As a social employee you must have written policies and procedures in place to enable social care workers to meet the GSCC’s code of practice for social care workers”

This includes implementing and monitoring written policies on various subjects including equal opportunities, It also states that the employer must support the worker to meet the GSCC codes and not require them to do anything that would put their compliance with the codes at risk.

4. “As a social care employer, you must put into place and implement written policies to deal with dangerous, discriminatory or exploitative behaviour and practice” 4.1 “Making it clear to social care workers that bullying, harassment or any form of unjustifiable discrimination is not acceptable and taking action to deal with such behaviour” 4.2 “Establishing and promoting procedures for social care workers to report dangerous, discriminatory, abusive or exploitative behaviour and practice and dealing with these reports promptly, effectively and openly” 4.3 “Making it clear to social care workers, service users and carers that violence, threats or abuse to staff are not acceptable and having clear policies and procedures for minimising the risk of violence and managing violent incidents” 4.4 “Supporting social care workers who experience trauma or violence in their work” 4.5 “Putting in place and implementing written policies and procedures that promote staff welfare and equal opportunities for workers” 12 These codes of practice have not been welcome by all social workers, but they may prove to have a positive influence on many working environments in the future.

The codes promote good practice and fair treatment of service users and staff and, as all social care staff, not just qualified social workers, will eventually have to sign up to them, all care based organisations will eventually have to agree to work with them. In the long term this should influence all voluntary sector/charitable organisations to accept a more social work influenced concept of good practice, rather than some of them appearing more or less to be doing exactly what they like, This should serve to lesson the alienation that some social work staff have experienced in various independent hospices/palliative care units. Social work staff should perhaps consider how they can be used creatively to enable better service and conditions for users and all staff and volunteers.

The Andrea Adams Trust

A non political non-profit making charity set up in 1997. The trust works to reduce incidents of work place bullying.

Website: www.andreaadamstrust.org (Accessed January 2009)

Email: [email protected]

Help line: 01273 704900 Monday to Friday 10am – 6pm

For confidential information and advice for people being bullied at work.

UK National Workplace Bullying Advice Line

Tim field provides information for employees and any interested parties on bullying at work. He can also provide training, talks and seminars on any aspect of bullying.

Tel: 01235 834548 Email: [email protected]

13 Public Concern at Work

Public Concern at Work is the whistle blowing charity. Established in 1993, it has led the new approach to whistle blowing This charity provides information on Whistle Blowing Policy as well as harassment issues.

Email: http://www.pcaw.co.uk/

The Law

At present there is no single law to protect people from being bullied at work.

The Dignity at Work Bill

Put together in 1997 and put through the House of Lords by Lord Monkswell in December 1997/January 1998. It was later blocked by John Major’s Government. The bill started its progress through Parliament again in December 2001. The bill would state an employee’s right to dignity at work, action to be taken to counter bullying and that employers must have a Dignity at Work Policy.

For more information: www.dignityatwork.org (Accessed January 2009)

Other Legislation

Please note this is only basic information – members must seek more detailed advice before taking any action.

Employment Protection (Consolidation) Act 1978

This Act makes it illegal to constructively or unfairly dismiss someone who has been employed for at least 52 continuous weeks – constructive dismissal is when an employee has to resign because conditions of work were intolerable. Employees would have to prove that the bullying was serious enough to justify resigning and that their resignation was not too delayed from the breach of the conduct which caused them to resign. The employee would also have to prove physical or psychological injury.

14

Health & Safety at Work Act 1978

Under this act employers must:

 Provide a safe place and systems of work  Ensure safety in the use of dangerous materials and substances  Maintain a safe place including access to the place of work  Provide a safe working environment  Provide information, instruction, training and supervision to ensure the safety of employees.

Section 2 states that an employer has a duty to ensure as far as is possible “the health, safety and welfare of its employees” and to protect employees against risk and injury, bullying is a risk of psychological injury.

The Act 1998 refers to psychological and physical well being as well a protection from excessive stress.

Employment Rights Act 1994

An employee may take a case to an employment tribunal if they consider that they were constructively dismissed – that is, that they were bullied and had to resign as no other action was possible,

Protection from Harassment Act 1997

This may be used to support employees on particular areas not covered by other legislation i.e., religious beliefs, sexual orientation, political beliefs, age and may be used to include bullying. It covers the concept of stalking and has emphasis on the targets, perception of the harassment rather than the perpetuators intent or alleged intent

The Criminal Justice and Public Order Act 1994

This makes it an offence to use threatening, abusive or insulting words or behaviour with intent to cause another person harassment, harm or distress.

15

Organisational Issues: Avoiding the Problem?

If bullying at work is not an issue at your organisation then perhaps you should make it an issue to be dealt with before someone is targeted.

Alternatively, if bullying is happening to other perhaps you or the social workers/social work team could attack the issues by sponsoring an designing a policy. The Andrea Adams Trust and the UK National Work Place Bullying Advice Line would be able to advice on how to draw up a policy. Public Concern at Work may also be able to help with advice and information.

16