Prevention of Bullying, Harassment and Victimisation at Work

Prevention of Bullying, Harassment and Victimisation at work

The policy document issued by The Personnel Office has been approved by the Council of Ministers and is supported by the Civil Service Commission and Chief Officers Group.

Prevention of Bullying, Harassment and Victimisation at work

The policy document issued by The Personnel Office has been approved by the Council of Ministers and is supported by the Civil Service Commission and Chief Officers Group.

\\Ballacleator\Personnel Shared Data\PERSCOMM\GENERAL\GP1 A\Policies & Guidelines\Policy And Guidelines Master File\URN 5 - Bullying, Harassment & Victimisation (June 09).Docx Owner/Updater: CoMin/TPO Last updated: 2009 Page 1 of 24

2 INTRODUCTION BY THE CHIEF MINISTER HON J A BROWN MHK

Within any work organisation, especially a large one, it is important to provide safeguards for staff. This Government Policy Document covers issues relating to the prevention of bullying, harassment and victimisation at work and it provides valuable information for Government staff.

The policy document has been approved by the Council of Ministers and is supported by the Civil Service Commission and Chief Officers Group.

Chief Minister

May 2007 Revised June 2009

3 Prevention of Bullying, Harassment and Victimisation at work

Contents

Part 1

Purpose 1.0

Scope 2.0

Policy Statement 3.0

Bullying, Harassment and Victimisation – Explanation of terms 4.0

Bullying 4.2

Harassment 4.3

Victimisation 4.4

Advice 5.0

References 6.0

Part 2

Procedures for dealing with bullying, harassment or victimisation

Introduction 1.0

Informal Action 2.0

Formal Action 3.0

Complaints against Accounting Officers 4.0

Disciplinary and Inefficiency/Capability Procedures 5.0

Appeals 6.0

Malicious Allegations 7.0

Allegations which involve non-employees 8.0

Confidential Advice 9.0

Confidentiality 10.0

Training 11.0

Review 12.0

Explanation of Terms Appendix 1

Flow Chart Appendix 2

Model Letter Appendix 3

BULLYING, HARASSMENT AND VICTIMISATION

Part 1

1.0 Purpose

To establish and communicate Isle of Man Government‟s policy with regard to bullying, harassment and victimisation. This document also sets out guidance to support the policy which includes guidance on the type of behaviour that is deemed to be bullying, harassment or victimisation (Part 1) and gives a recommended framework for reporting and managing it (Part 2).

2.0 Scope

The requirements of this policy cover everyone that comes into contact with those involved in the activities directly within the control of Isle of Man Government. This includes public sector employees (on whatever terms and conditions they are employed), students, patients, volunteers and users of facilities or services.

3.0 Policy Statement

3.1 The Isle of Man Government is committed to promoting equal opportunities and is actively seeking to create an environment where there is fairness, equal opportunity, mutual respect, trust and confidence. In such an environment bullying, harassment or victimisation shall neither be condoned nor tolerated.

6 3.2 Bullying, harassment or victimisation in an organisation can affect both the working environment and an individual‟s effectiveness creating distress and dissatisfaction. If left unchallenged further problems can arise such as:

 Low morale and a lack of team spirit  General air of unpleasantness  Absenteeism  High staff turnover  Reduced performance of individuals and the organisation

3.3 Allegations of bullying, harassment or victimisation will be treated very seriously and may result in disciplinary action being taken against the alleged perpetrator. Serious cases of bullying, harassment or victimisation may constitute gross misconduct and could lead to dismissal. No allegation shall result in any party being victimised.

3.4 All complaints of bullying harassment or victimisation will be presumed to have been made in good faith unless there is evidence to the contrary. Disciplinary action may be taken against anyone found to be making malicious or vexatious allegations.

3.5 The following guiding principles apply:

 Informal complaints will be dealt with in confidence with the aim of resolving the situation and preventing escalation  Counselling, support and mediation will be offered through the Staff Welfare Services, to both the complainant and the alleged perpetrator.  Formal complaints shall be made and investigated in accordance with Part 2 of this document  All parties shall co-operate with the investigation  Government reserves the right to report any complaints of alleged illegal behaviour to the appropriate enforcing authority

3.6 All members of staff have a responsibility to be aware of what constitutes bullying, harassment and victimisation, take positive steps to conduct themselves appropriately and discourage and challenge it whenever it occurs. All managers and supervisors have the added responsibility of ensuring that all their staff are aware and understand what constitutes bullying, harassment and victimisation and the consequences of contravening the policy. Any manager or supervisor who knowingly fails to address a breach of the policy will be subject to disciplinary or capability procedures.

3.7 All employees, particularly Managers and Supervisors must ensure that all forms of bullying, harassment or victimisation are challenged as soon as they are identified. It shall be made clear that such behaviour is not acceptable and where appropriate will be treated under the relevant regulation as a disciplinary matter or dealt with under Part 2 of this policy.

7 3.8 Investigation of complaints of bullying, harassment or victimisation will be dealt with seriously, promptly, fairly and sensitively with due regard for the rights of both the complainant and the alleged perpetrator. Sexual harassment may be deemed to be sexual discrimination under the Isle of Man Employment (Sex Discrimination) Act 2000. The Act provides that a complaint of harassment should be submitted to the Employment Tribunal within 3 months of the occurrence of the alleged discriminatory act.

3.9 Whenever possible any member of staff (the complainant) who believes that he/she is being bullied, harassed or victimised should, in the first instance, make it clear to the person(s) responsible that such behaviour is unwelcome and unacceptable and ask that it ceases. If the complainant feels that he/she cannot approach the individual or group concerned, or if this approach has been tried and has failed to remedy the situation, he/she should speak to his/her line manager on an informal basis or a more senior manager where the line manager is the subject of the complaint. Further guidance on this stage and making the complaint more formal is contained in Part 2 of this document. Guidance is also available in Part 2 on how to manage a situation where either the complainant or the person(s) responsible is not a member of staff.

4.0 Bullying, Harassment or Victimisation - Explanation of terms

4.1 Bullying, harassment and victimisation can take a variety of different forms ranging from repeatedly ignoring a colleague or subjecting them to unwelcome attention, to intimidation, humiliation, ridicule or offence. More extreme forms of harassment, victimisation and bullying include physical threats or violence. It may consist of a single incident or a series of incidents. Behaviour that may appear trivial as a single incident, can constitute bullying, harassment or victimisation when repeated. Where the allegation consists of more than one incident, they shall be considered as a whole. Harassment, bullying and victimisation may not always be intentional, but is always unacceptable, whether intentional or not.

4.2 Bullying

4.2.1 Bullying for the purposes of this policy means conduct which has some or all of the following elements:

4.2.2 Offensive, hostile, abusive, intimidating, malicious or insulting behaviour, or abuse of position which makes the recipient(s) feel frightened, upset, threatened, humiliated or vulnerable, or which undermines their self- confidence and causes them distress.

4.2.3 Examples of bullying:

1) Verbal or physical threats or actual violence; 2) shouting at staff in public or in private; 3) ridiculing, demeaning or humiliating a person in front of others:

8 4) systematically undermining a competent worker through overloading or excessive or repeated criticism or negative comments; 5) “flying off the handle” often over trivial matters; 6) making offensive or abusive personal remarks about a person; 7) excluding, deliberately ignoring, non cooperation with, or victimising a person; 8) spreading malicious rumours or making false allegations; 9) sending abusive or inappropriate emails; 10) copying correspondence or documents (including, but not restricted to, memoranda, letters or emails) that are critical of a person to others who do not need to know; 11) intrusion through pestering, spying or stalking; 12) overbearing supervision or other misuse of power or position; 13) giving repeated unreasonable assignments or duties which are obviously unfavourable to one individual; 14) giving repeated impossible deadlines, or impossible tasks, or setting someone up to fail; 15) making threats or implied threats or comments about job security without foundation; 16) veiled threats by managers about contacting outside staff representation; 17) preventing a person progressing by intentionally blocking promotion or training opportunities.

4.2.4 The above list is not exhaustive. However, it should be noted that constructive and fair criticism of an employee‟s conduct or work performance does not constitute bullying or harassment. Poor work performance must be dealt with through the application of appropriate procedures and not through an aggressive management style or isolating individuals. Managers must not actively discourage staff from seeking the advice of a trade union representative should they wish to do so.

4.2.5 It shall not be bullying or harassment where, after investigation, the conduct in question has been found to be:

(a) a proper, fair and appropriate exercise of any right, duty or responsibility; or (b) physical contact, which is generally acceptable in the ordinary conduct of everyday life, but which is not known to be unwanted by the recipient.

4.2.6 Bullying, harassment or victimisation at work can affect the working environment and create distress within the organisation. It damages and demeans the individuals being treated in such a manner, that their morale, health, job performance, attendance, career prospects and job security can be affected. It transcends grades and can be experienced from Manager to subordinate, subordinate to Manager, peer to peer, or from one group of staff to another individual. Its effect can also affect an office, Department or Division as a whole leading to:

9  low morale and a lack of team spirit;  a general air of unpleasantness;  employees leaving or requesting transfers – the reasons given may be plausible but this may be due to employees being unwilling to admit that they are being bullied or that the bullying is having an adverse effect upon them.

4.3 Harassment

4.3.1 Harassment for the purposes of this policy means:

(a) Any unwanted conduct affecting the dignity of people involved in the activities of Government. It includes unwelcome verbal, non-verbal and physical conduct. It may be related to age, sex, race, disability, sexuality, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are perceived as demeaning and unacceptable to the recipient.

(b) Any interaction between two or more people which is acceptable to both parties may be considered harassment if it has an unacceptable and unwanted effect upon others.

4.3.2 It is the impact of the unwelcome behaviour on the individual that determines harassment rather than the intention of the alleged perpetrator. However, in an attempt to deal quickly with trivial or mischievous complaints, when determining whether the alleged conduct is unacceptable, investigating officers shall make an assessment of whether a reasonable, fair-minded person, would find it so.

4.3.3 Examples of harassment

(a) Racial Harassment can take the form of racial abuse, racially explicit derogatory statements, offensive jokes, racist graffiti, display of offensive material, an offensive or dismissive manner, or any other form of abuse which is on the grounds of an individual‟s race, colour, cultural differences, ethnic origin, creed and/or nationality. It can also occur when rules, regulations or criticisms are applied to an ethnic member of staff in a way they are not applied to others. (b) Sexual Harassment means unwanted conduct of a sexual nature or conduct based on sex which is offensive to the recipient. It refers to behaviour that is unsolicited, that is personally offensive and that fails to respect the rights of others including unnecessary touching or unwanted physical contact, suggestive remarks or verbal abuse, leering at a person‟s body, compromising invitations, demands for sexual favours, stalking, physical assault and display of offensive materials. General discussions on sex, sexual behaviour or recounting of sexual exploits are also regarded as inappropriate. Sexual harassment can be perpetrated by persons of either sex and their victims may be persons

10 of the same or the opposite sex. It is not the intention of the harasser but the deed itself and the impact on the recipient which determines what constitutes harassment. (c) Harassment of People with Disabilities may take the form of: staring and/or uninvited touching; disablist (discriminating or prejudiced against disabled people) language, comments or jokes; exclusion from workplace activities and social events; speaking to others rather than the disabled person directly; asking intimate questions about a person‟s impairment; making assumptions about people with disabilities, for example that they do not have a social, sexual or private life; questioning the existence of non-apparent impairment; physical abuse and intimidation; questioning a disabled person‟s work capacity and/or ability by making inappropriate demands for example, over-zealous scrutiny of sickness records; making assumptions or speculating about someone‟s impairment. (d) Harassment on the grounds of Sexual Orientation may be aimed at gay men or lesbians, heterosexuals, bisexuals and transexuals and can take many forms including: homophobic language, comments or jokes (homophobia is the term used to describe anti lesbian and gay attitudes and behaviour); the asking of intimate questions about someone‟s personal or sexual life; assumptions that everyone is heterosexual; gossip and speculation about someone‟s sexuality; excluding someone because of their sexual orientation; homophobic graffiti or the displaying or circulating of anti-gay or anti-lesbian material; offensive actions and physical attacks; making assumptions that any illness experienced by gay men is HIV related. (e) Other Forms of Harassment include discrimination and harassment on the grounds of religion or belief, political convictions, gender identity aimed at transsexuals or people who have undergone, are undergoing, or intend to undergo gender reassignment, willingness of individuals to challenge harassment leading to victimisation, status of people as ex-offenders and age (or youth).

4.3.4 These examples are not exhaustive as anyone who is perceived as different or who is in a minority or who lacks organisational power or position runs the risk of being harassed. Harassment can take many forms ranging from extreme forms such as bullying to less obvious actions. Although the terms „bullying‟ and „harassment‟ are not synonymous, the examples of bullying quoted are equally applicable to harassment. Whatever the form of harassment, it will be unwanted, unwelcome and unpleasant behaviour and may be unlawful.

4.4 Victimisation

4.4.1 Victimisation for the purposes of this policy can be summed up as when a person is singled out for punishment or unfair treatment. This can be as a reaction to a complaint within the organisation or for exercising their legal rights.

11 4.4.2 Victimisation also occurs when an employee is treated less favourably because they have complained about an incident(s) of discrimination or supported someone else who has. Discrimination can be described as unfavourable treatment based on prejudice with regard to race, age or sex.

4.4.3 It would be regarded as victimisation where an employee suffered unfavourable treatment from their employer because the employee had in good faith given evidence in connection with a discrimination claim brought against the employer by another person.

4.4.4 Examples of victimisation

4.4.5 This list is not exhaustive but illustrates the types of unfair punishment that could be meted out by the employer as a result of the employee‟s action:

1) disciplines or dismisses the employee; 2) denies the employee the usual overtime opportunities; 3) bars the employee from a bonus scheme; 4) enforces petty rules against the employee which were previously overlooked; 5) unreasonably refuses to agree holiday dates; 6) unreasonably excludes the employee from important meetings; 7) marginalises the employee or “sends him/her to Coventry”; 8) pressurises the employee to drop the allegation; 9) threatens the employee with damage to his/her career if he/she persists with the allegation.

4.4.6 Any member of staff who victimises or retaliates against another member of staff for bringing a complaint or grievance or for giving evidence in connection with a complaint or grievance will be subject to disciplinary action.

4.4.7 It shall not be victimisation where the conduct in question constitutes a proper, appropriate and non discriminatory exercise of any right, duty or responsibility.

4.4.8 Where the allegation of victimisation relates to more than one incident, in determining their effect, the incidents shall be considered as a whole.

4.5 Bullying, harassment or victimisation are not necessarily carried out face to face and may be by written communications, email, telephone or by the recording of telephone conversations if this is not universally applied to all workers. (Further guidance regarding electronic communications is available in the electronic communications policies on the intranet.) All work performance measures should be introduced in an open manner and must be applied consistently to all staff working within the same area.

5.0 Advice

5.1 Confidential impartial advice, guidance and support in dealing with unwelcome behaviour is available from the network of Contact Officers which aims to provide a confidential and informal avenue to enable employees to talk through what has happened and to decide what they wish to do about it. The decision to progress a complaint shall rest with the individual. The main role of the Contact Officer is to empower employees to identify steps to stop unfair treatment, discrimination, bullying or harassment, and to stop matters escalating, but their services are equally available to the alleged perpetrator. However, the same contact officer shall not assist the complainant and the alleged perpetrator.

5.2 A list of Contact Officers can be viewed on the Intranet Corporate Pages under the Equal Opportunities heading. Confidential advice and support is also available from the Employee Relations Advisers on the staff of The Personnel Office and the Welfare Officers of the Staff Welfare Office who can provide counselling, mediation and support services to both the complainant and the alleged perpetrator on a confidential basis. The Industrial Relations Officer and the Department of Trade and Industry‟s Equality Adviser could also be used as sources of support and/or information. Advice and assistance is also available from the employee‟s trade union or staff association representative.

6.0 References

Whilst formulating this policy information from the following sources has been considered:-

ACAS Blackburn with Darwen Borough Council Bolton Metropolitan Council Burnley Borough Council Isle of Man Constabulary Isle of Man Department of Education Isle of Man Department of Health and Social Security Isle of Man Department of Trade and Industry Isle of Man Financial Supervision Commission Isle of Man Fire and Rescue Service Isle of Man Government Officers‟ Association Isle of Man Trade Union Council North West Employers VOICE – the Union for Educational Professionals Isle of Man Federation Royal College of Nursing (Isle of Man Branch) University College London Vale Royal Borough Council Sefton Council

BULLYING, HARASSMENT AND VICTIMISATION

Part 2

Procedures for dealing with bullying, harassment or victimisation

1. People are sometimes unaware that their actions may constitute bullying, harassment or victimisation and when it is made clear to them that it does, the matter can often be quickly and simply resolved. With this in mind, this policy includes informal, as well as formal, procedures for dealing with complaints.

2. Informal Action

2.1 Any employee who believes that (s)he is being bullied, harassed or victimised should explain to the person(s) responsible that their behaviour is unacceptable and ask them to stop.

2.2 Complainants should make every effort to record all incidents of bullying, harassment or victimisation including the date and time and any witnesses present.

2.3 It is accepted that there may be circumstances where the complainant may find it difficult to approach the person(s) responsible directly and in such cases they should seek help and advice on a strictly confidential basis from their line manager, a work colleague, or a Contact Officer (see para 5.1 of Part 1).

A list of Contact Officers can be viewed on the Intranet Corporate Pages under the Equal Opportunities heading. Confidential advice and support is also available from the Employee Relations Advisers on the staff of The

14 Personnel Office and the Welfare Officers of the Staff Welfare Office who can provide counselling, mediation and support services to both the complainant and the respondent on a confidential basis. The Industrial Relations Officer and the Department of Trade and Industry‟s Equality Adviser could also be used as sources of support and/or information. Advice and assistance is also available from the employee‟s trade union or staff association representative.

2.4 The contact person should listen patiently, be supportive and discuss the various options open to the employee concerned.

2.5 Having talked to the contact person, the complainant may request further assistance from the contact person in raising the issue with the respondent. In this situation the role of the contact person should be to provide support and encouragement for the individual and where necessary to draw the individual‟s attention to whatever further formal or informal courses of action may be available to them.

2.6 If after using the informal procedures the matter can be resolved to the satisfaction of the parties concerned, no disciplinary action should be taken, nor should any written record go on the respondent‟s personal file, but the situation should be monitored by the line manager to ensure that there is no recurrence.

2.7 However, it is recognised that under certain circumstances the complainant may decide for whatever reason to bypass the informal procedure. No negative inference shall be drawn where a complainant, for whatever reason, chooses not to use the informal procedure.

3. Formal action

3.1 If an informal approach is inappropriate, or if after the informal stage the bullying or harassment persists, the following formal procedures shall be invoked. Complainants can still be supported by those staff identified in the informal action.

3.2 The complainant must make a formal written complaint to his or her Line Manager within 3 months of the most recent occurrence of the matter giving rise to the complaint. If the Line Manager is the person against whom the complaint is being made or, if in the opinion of the Complainant, the Line Manager appears to no longer be impartial, the complaint shall be made to the next in line Manager (termed a “designated” Manager). The Manager shall acknowledge receipt of the complaint and advise the complainant of the course of action which will follow and of the expected timescale involved.

3.3 The respondent(s) shall be notified in writing that an allegation of bullying, harassment or victimisation has been made against them and that they will be afforded a fair opportunity to respond. Whenever possible the Manager shall give the respondent a copy of the letter of complaint, but not if third parties are mentioned or irrelevant matters are included. In this event

15 the Manager shall give the respondent a summary setting out the salient parts of the complaint.

3.4 The complaint shall be subject to an initial investigation by the Line Manager or a designated member of management who can be considered impartial. The Manager shall interview both parties with a view to determining an appropriate course of action. An appropriate course of action at this stage, for example, could be exploring a mediated solution or a view that the issue can be resolved informally. Should either of these approaches be deemed inappropriate or inconclusive, a formal investigation of the complaint shall take place with a view to determining the facts of the allegation(s).

3.5 The Line Manager or designated Manager shall appoint an investigating officer unconnected with the allegation and where possible the case. In normal circumstances the investigating officer will be from another section or division of the same Department but it is realised that occasionally, in certain specific circumstances, this may not be appropriate and Departments may decide that they need to ask an officer from another Government Department to act as such. The investigating officer must agree to being appointed as such. The investigation will be objective and carried out with sensitivity and due respect for the rights of both parties. Investigations shall be undertaken with the minimum of delay and should be completed whenever practicable within 4 to 6 weeks or sooner if possible. Any delay must be communicated to the parties involved and a revised timescale set. If the delay is due to ill health Managers should consider whether a referral to the Medical Adviser is appropriate to ascertain fitness to attend an investigatory interview. Communication between management, complainant and respondent should be kept up at all times. The investigation shall be governed by terms of reference, preferably agreed in advance between the parties. Where the parties are unable to agree terms of reference the Investigating Officer shall determine them. A model letter for use by the Investigating Officer for this purpose is attached at Appendix 3.

3.6 The investigating officer shall meet with the complainant and the respondent and any witnesses or relevant persons with a view to establishing the facts surrounding the allegation(s).

3.7 In cases of serious allegations, Line Management may consider the precautionary suspension of the respondent. In all cases of proposed suspension the advice of The Personnel Office, or the Departments own Human Resources Department must always be sought. An individual who is to be suspended should be advised of the reason for the suspension and may be restricted from contacting the complainant during the suspension. There may be occasions when the temporary transfer of either the respondent or complainant, may be appropriate in order to enable a complaint to be investigated.

3.8 The investigating officer will advise complainants and respondents of the process to be followed in the investigation. Both parties shall be invited

16 to be accompanied at all interviews, and supported by a friend, trade union representative or colleague throughout the process.

3.9 In certain circumstances the complainant may be represented by their trade union in their absence. However, the Investigating Officer shall only permit this in extreme circumstances and shall seek advice from their HR Department or The Personnel Office if they are considering representation on this basis. Examples of when this would be permissible are when the complainant is too ill to attend, is fearful of the respondent, or is no longer employed by the Isle of Man Government.

3.10 A detailed report will be submitted to the Line Manager or designated Manager indicating findings, with a copy to the complainant and the respondent. The Line Manager, or designated Manager, subject to the findings of the investigation, will be responsible for deciding if any action is required, e.g. mediation, training, counselling or disciplinary procedure and for meeting with both parties and advising them accordingly. Where there is alleged misconduct, the relevant disciplinary procedure will be followed.

4.0 Complaints against Accounting Officers

4.1 An employee who believes that they are being bullied, harassed or victimised by an Accounting Officer, should follow the procedures in Part 2, Section 2.1 - 2.5 relating to informal action. However, if an informal approach is inappropriate, or if after the informal stage the bullying, harassment or victimisation continues the procedures may need to be considered in conjunction with any other associated procedures which relate to Accounting Officers (in the instance of civil servants Section B11 of the Civil Service Regulations must be followed).

5.0 Disciplinary and Inefficiency/Capability Procedures

5.1 All employees are required to observe the rules and standards set by their employer to secure compliance with the provisions of equal opportunities legislation and policy which includes bullying, harassment and victimisation.

5.2 Managers and supervisors will use the disciplinary or the inefficiency/capability procedures as appropriate to investigate any allegations that these rules/standards have not been met and take appropriate action if the allegation is found to be justified.

5.3 The procedures used will be those applicable to the employee who is alleged to have breached the rules/standards under their terms and conditions of service.

5.4 Where bullying, harassment or victimisation amounts to gross misconduct dismissal without notice may be appropriate.

17 5.5 Every effort shall be made to ensure that individuals who make complaints in good faith shall be protected from victimisation. Any complaint of victimisation will be dealt with promptly, seriously and in confidence (but see section 10.1).

6.0 Appeals

6.1 Members of staff who feel that they have been bullied, harassed or victimised and who are not satisfied that their complaint has been treated seriously in accordance with this policy have the opportunity of using the third and final stage of the grievance procedure.

6.2 Members of staff who have been disciplined as an outcome of a complaint of bullying, harassment or victimisation do not have recourse to the grievance procedure, although under the disciplinary procedure they do have recourse to an appeal.

7.0 Malicious Allegations

7.1 All complaints of bullying, victimisation or harassment will be assumed to have been made in good faith unless there is evidence to the contrary. If, however, an allegation of bullying, harassment or victimisation is found to have been made vexatiously or maliciously, disciplinary action may be taken against the person making the false complaint.

8.0 Allegations which may involve non employees

8.1 Where either the complainant or person responsible is not a member of staff the same principles apply:

8.2 Request that the behaviour stops. If that does not have any impact then the Manager for the area shall be informed.

8.3 If a member of staff is accused of bullying, harassing or victimising a non employee a complaint should be made under the Department‟s own complaint procedure. Advice from The Personnel Office, or the Departments Human Resources Department must be sought in informing the complainant of the action that has been taken.

8.4 If non employees are accused of bullying, harassing or victimising staff an investigation shall be carried out. The types of action that can be considered with non employees are:

 discussing the impact of their behaviour on staff  documenting what is unacceptable about their behaviour and indicating expected changes  temporary exclusion from the area for a period  contracts of behaviours  permanent exclusion from the area

18  ceasing or placing restrictions on the service which will be provided.

9.0 Confidential advice.

9.1 Guidance and support in dealing with unwelcome behaviour is available from a number of sources. These are detailed in Part 1 of this document at section 7 and in the Explanation of Terms at Appendix 1 under “Contact Officers”.

10.0 Confidentiality

10.1 All members of staff involved in the procedures outlined above, including the complainant and the respondent must maintain confidentiality on the subject. Files and written notes must be stored in a secure location not accessible by other employees. Where a member of staff is found to have breached the confidentiality of a situation, appropriate disciplinary action may be taken. This does not prevent either party from speaking in confidence to a contact officer or one of the other persons mentioned under the heading of “Contact Officers” in Appendix 1. However, all parties must be aware that in the interests of natural justice any statements made in the course of any investigation under this policy will be disclosed as a matter of course to the respondent. Also that the potential exists for all claims made under the policy to proceed to a disciplinary procedure and in such instances witness statements and other information will need to be disclosed to a third party. In addition, where investigating officers consider that a criminal offence may have been committed they have a duty to disclose the information to the Police.

11.0 Training

11.1 Training of staff to raise awareness and understanding of this policy will be the responsibility of Accounting Officers and should be initiated via the normal induction process of each Department, Office or Statutory Board, providing further training and/or advice in respect of changes to the policy, as appropriate.

12.0 Review

12.1 This policy has been drawn up in consultation with other employing authorities and staff organisations and will be reviewed every five years, subject to any changes prompting an interim review.

19 Appendix 1

Explanation of Terms

Bully or Harasser (see Part 1 section 4 for full explanation and examples of behaviour)

Bullying

Bullying for the purposes of this policy means conduct which has some or all of the following elements:

Offensive, hostile, abusive, intimidating, malicious or insulting behaviour, or abuse of position which makes the recipient(s) feel frightened, upset, threatened, humiliated or vulnerable, or which undermines their self- confidence and causes them distress.

Harassment

Harassment for the purposes of this policy means:

Any unwanted conduct affecting the dignity of people involved in the activities of Government. It includes unwelcome verbal, non-verbal and physical conduct. It may be related to age, sex, race, disability, sexuality, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are perceived as demeaning and unacceptable to the recipient.

Any interaction between two or more people which is acceptable to both parties may be considered harassment if it has an unacceptable and unwanted effect upon others.

Contact Officer

Confidential impartial advice, guidance and support in dealing with unwelcome behaviour is available from the network of Contact Officers which aims to provide a confidential and informal avenue to enable employees to talk through what has happened and to decide what they wish to do about it. The decision to progress a complaint shall rest with the individual. The main role of the Contact Officer is to empower employees to identify steps to stop unfair treatment, discrimination, bullying or harassment, and to stop matters escalating, but their services are equally available to the respondent. However, the same contact officer shall not assist the complainant and the respondent.

20 Personnel Office and the Welfare Officers of the Staff Welfare Office who can provide counselling, mediation and support services to both the complainant and the alleged perpetrator on a confidential basis. The Industrial Relations Officer and the Department of Trade and Industry‟s Equality Adviser could also be used as sources of support and/or information. Advice and assistance is also available from the employee‟s trade union or staff association representative.

Grievance Procedure

The Civil Service Regulations Section B 25 – 31 describe the grievance procedures available to civil servants. The aim of the procedure is to settle any grievance as near to its point of origin as possible and without unreasonable delay in a fair and effective manner.

Alleged Perpetrator

The alleged bully or harasser

Vexatious

An action or the bringer of an action that is brought without sufficient grounds for winning, purely to cause annoyance to the alleged perpetrator.

Victimisation

Victimisation for the purposes of this policy can be described as when a person is singled out for punishment or unfair treatment. This can be as a reaction to a complaint within the organisation or for exercising their legal rights.

21 Appendix 2

Individual feels they have been bullied, harassed or victimised

Complainant attempts to resolve Matter the matter themselves Resolved

Unable to resolve matter. Speaks informally to a Contact Officer, Matter Line Manager, trusted colleague or staff representative. Resolved Informal action instigated.

Informal action fails. Complainant or Line Manager decides to make a written formal complaint. Respondent(s) advised of complaint in writing and given the opportunity to respond

Line Manager or designated Manager conducts preliminary investigation to determine credibility of the allegation allegation and decide upon a course of action

Line Manager or designated Manager appoints Investigating Officer if appropriate

Investigating Officer meets with all parties and witnesses on In serious an individual basis to establish the facts. Complainant and cases, is respondent advised of procedures to be followed and invited to be suspension accompanied at all interviews necessary?

Detailed report submitted to the relevant manager indicating findings with a copy to the complainant and the respondent

Line Manger decides if any action is required e.g. mediation, Right of training, counselling or disciplinary procedure. If disciplinary Appeal action is necessary relevant procedure to be followed

22 Appendix 3

Model letter from Investigating Officer to set out and agree Terms of Reference between Complainant and Respondent .

Date

In Confidence Xxxxxxxxxxxx (To be addressed to Complainant and Respondent only) xxxxxxxxx xxxxxxxxxxx xxxx xxxxxxxxxxxxx xxx xxx

Dear

Allegation of Bullying, Harassment or Victimisation in the Workplace (please insert date) Terms of Reference

I have been appointed to investigate (your/a) complaint of (bullying/ harassment/victimisation - insert as appropriate) against (name(s) of respondent/you) by (name of complainant). A (copy/summary)1. of the complaint is attached

In order to establish the facts surrounding the complaint and investigate the matter fully, I intend to interview you, the (complainant/respondent) and the following witnesses:

 List of witness(es)

This list may need to be extended if, during the course of my investigation, it becomes clear that I should interview other witnesses in addition to the above.

My investigation should be completed within 4 to 6 weeks. If for any reason I am unable to do so I will write to you again explaining why and set a revised timescale (alternatively explain here why it will not be possible to do so within this timescale e.g. annual leave, illness, etc.)

1 Please see Policy, Part 2 paragraph 3.3 (this footnote does not form part of the letter and should be removed from the final letter)

23 A detailed report will be submitted to Xxxxxx Xxxxxxx (the Line Manager or Designated Manager) indicating my findings and will be copied to you and the (complainant/respondent).

Xxxxxx Xxxxxx (the Line Manager or Designated Manager) will be responsible for deciding whether any action is required, subject to the findings of the investigation.

If disciplinary action is required, the disciplinary procedure relevant to your employment will be followed.

The above comprises the terms of reference for my investigation which we discussed (and agreed). Please sign this letter, below, take a copy for your own records and return the original to me by (date).

Yours sincerely

(Job Title) Investigating Officer cc Line Manager/Designated Manager

I agree to the above terms of reference.

______Name Signature ______Date