NHS Employers Has Provided A Model Policy Template On Staff-On-Staff Bullying And Harassment

Dignity at Work Policy

Document Profile Box Document Reference: CO-POL-70 Version: 1 Ratified by: Workforce and Equality Committee Date ratified: January 2013 Name of originator/author: Equality & Diversity Department Name of responsible committee/individual: Director of Workforce & Organisational Development Date issued: January 2013 Review date: January 2015 Target audience: All staff, contractors, volunteers, staff from other organisations working on Trust premises, patients and visitors Document owner: Director of Workforce & Organisational Development Authorised signatory:

North East Ambulance Service NHS Foundation Trust Dignity at Work Policy Ref: CO-POL-70 Version: 1 Status: Ratified Status: Final Issue Date: Page - 1 CONTENTS

1 Introduction Page 3

2. Purpose Page 3

3. Scope Page 3

4. Definitions of Bullying and Harassment Page 3

5. Legislation Page 4

6 Responsibilities Page 4

7 Support and Advice Page 6

8 Mediation Page 7

9 Receiving a complaint Page 7

10 Resolving Complaints Page 8

11 Appeal Page 11

12 Confidentiality Page 11

13 Training Page 11

14 Related Documents Page 11

15 Equality and Diversity Statement Page 12

16 Review and Revision Arrangements Page 12

17 Monitoring Compliance Documents Page 12

18 Dissemination and Implementation Page 12

19 Consultation, Approval and Ratification Page 13

Appendix One - Examples of unacceptable behaviour Appendix Two – Flowchart – Informal Process Appendix Three – Flowchart - Formal Process Appendix Four - Appeal hearing Process Appendix Five – Suspension/Exclusion from Duty/Threat Assessment Checklist Appendix Six – Dignity at work Investigation Flowchart

North East Ambulance Service NHS Foundation Trust Dignity at Work Policy Ref: CO-POL-70 Version: 1 Status: Ratified Status: Final Issue Date: Page - 2 1. Introduction

The North East Ambulance Service NHS Foundation Trust, hereafter known as the Trust, has a responsibility as an employer to provide a safe and healthy workplace and working environment for all its employees and is committed to:

 Having a working environment free from harassment and/or bullying of any type.  Empowering staff to challenge harassment and/or bullying.  Providing support to employees who challenge harassment and/or bullying.  Having in place appropriate procedures to deal with the alleged incidents of harassment and/or bullying quickly and effectively.

The Trust recognises that harassment and/or bullying can have an adverse effect on an employee’s health, self esteem and job performance. It can lead to de-motivated employees who are fearful of making decisions or using their initiative. It often results in high levels of absenteeism, staff turnover and stress related illnesses. Bullying and harassment may be treated as a disciplinary offence and, where allegations are founded, may lead to summary dismissal. Disciplinary action may also be considered if a complaint is found to have been submitted maliciously or in bad faith.

2. Purpose The purpose of this policy is to support a working environment and culture in which bullying and harassment is not tolerated as these are not acceptable behaviours, and to support employees to take action against bullying and harassment. All complaints will be treated with due regard and without prejudice to the employee or their career.

3. Scope

This policy applies to all Trust employees, visitors, patients, contractors, volunteers and staff from other organisations working on Trust premises. This policy will apply to all Trust premises and all Trust personnel working in other premises, including any place where the occasion can be identified with either the requirements of the Trust, or with social events linked to the Trust. No:  Referred to formal process Individuals are also protected from harassment both while applying for a job, while in employment and in some circumstances after the working relationship has come to an end (forDignity example, at Work in connection Form completed with the provision of a verbal or written reference. There is also protection for peopleexplaining against decisionharassment and/or on the basis of their membership or non-membership of a trade union. No: recommendations and action Refer to formal process taken during informal resolution 4. Definitions of Bullying and Harassment Keep employee, alleged perpetrator and manager fully  E&D inform both parties that a informed formal investigation will Bullying is unwanted conduct affecting the dignity of people. It can be describedOffer as offensive, support where intimidating, necessary malicious or insulting behaviour, an abuse or misuse of power through meanscommence. intended Copies to undermine, of complaint  E&D Team completed the referral form and speaks to relevant managers,and HR humiliate, denigrate or injure the recipient. It is unwanted conduct which sharedhas the purpose. (intentional) or effect (unintentional) of violatingrepresentative a person’s to appoint dignity; an or Investigating creating an intimidating, officer. hostile, degrading, humiliating or offensive environment (ACASYes:- 2009).  Considered if any suspension or transfer required An (action Investigation by Manager officer / HR) is Harassment, in legal terms,Employee is the above addresses behaviour on carried their out against anappointed. individual because of their  IssueYes not resolvedresolved:- at informal stage or Yes case to answer Theprotected Investigation characteristic, Officer completes suchownNo the as investigation,case or age, with to race answersupport produces or ethnicity, a report disability, (using template sex, religion 7 D@W Investigationor belief, sexual Report) orientation, and informs E& D will write to the complainantEmployeeCommunicate informing addresses decisionthemEmployee that on to thetheir staff formal raises own concerned process issue withwill(action be the evoked, by E&D E&D whoNOteam team) the appointed genderboth parties reassignment, of the findings.. pregnancy BothSupporting parties or receivematernity person confirmationAnonymous or addresses marriage in writing monitoringOther or andcivil recommendations a partnership. copy  of Investigationthe report can Employees be(but made not officer interview by are investigating also keeps notes / investigating officer will beor and withSeverity HR support support. 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