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 4 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 5 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.