.0.*`TY\yn -MVY^T7HY[ULYPHL[O*`TY\ .^LP[OPVTL^U7HY[ULYPHL[O 5/:>HSLZ >LSZO7HY[ULYZOPW-VY\T >VYRPUNPU7HY[ULYZOPW >VYRPUNPU7HY[ULYZOPW )YPUNPUN9LZWLJ[[V>VYR (+PNUP[`H[>VYR7VSPJ` MVY5/:>HSLZ Acknowledgements ;OHURZHYLYLJVYKLK[V[OL)LULÄ[Z(NLUJ`MVY[OLPYRPUKWLYTPZZPVU[VYLWYVK\JLHZLJ[PVUVM [OLPYWVSPJ`9LMLYLUJLYLMLYZ ;OHURZHYLYLJVYKLK[V[OL:JV[[PZO7HY[ULYZOPW-VY\TMVYWYV]PKPUN[OLMV\UKH[PVU[V [OPZN\PKHUJLMYVT,SPTPUH[PUN)\SS`PUNHUK/HYHZZTLU[PU[OL>VYRWSHJL *VU[YPI\[PVUZHUKHK]PJLNYH[LM\SS`YLJLP]LKMYVT7HT3\JRVJRHUK;YHJL`.VVKLMYVT[OL *LU[YLMVY,X\HSP[`HUK/\THU9PNO[Z"=PJ[VYPH(SSLU)YV4VYNHUU^N5/:;Y\Z[":\L1LURPUZ 7VU[`WYPKK 9OVUKKH5/:;Y\Z["/PSHY`/VWRPUZMYVT5/:>HSLZ/9+P]PZPVU>LSZO(ZZLTIS` .V]LYUTLU["7H\S7HYZVUZ:,+<"YL^YP[[LUI`+LIVYHO7VY[LY>LSZO7HY[ULYZOPW-VY\T 1V+H]PLZ+PYLJ[VYVM[OL*LU[YLMVY,X\HSP[`HUK/\THU9PNO[ZHUK:[L]L:SVHU<50;, (40*<:)YHUJO G/136/07-08 November Typeset in 12pt ISBN 978 0 7504 4290 9 CMK-22-04-030(118) © Crown Copyright 2007 >VYRPUNPU7HY[ULYZOPW )YPUNPUN9LZWLJ[[V>VYR *VU[LU[Z Page Foreword by Edwina Hart AM MBE Minister for Health and Social Services 1 Introduction - Bringing Respect to Work 3 1. The Need for Guidance 5 2. Principles and Values 7 3. Legal Framework and Relevant Legislation 9 +LÄUP[PVUVM)\SS`PUN +LÄUP[PVUVM/HYHZZTLU[ 6. Strategic Framework and Organisational Culture 16 6.1 Strategic Framework 16 6.1.1 Organisational Development 16 6.1.2 Policyand Procedure 17 6.1.3 Communication 17 6.1.4 Training 18 6.1.5 Support 18 6.2 Organisational Culture 18 6.3 What does a postive working environment look like? 19 7. Firm, Fair Management vs Bullying and Harassment 8. Bullying and Harassment by Others 22 9. Raising Awareness 23 9.1 Training Implications 23 9.2 Training and Implementation 23 ;YHPUPUN:\WLY]PZPVU:\WWVY[MVY*VUÄKLU[PHS*VU[HJ[Z 9.4 Resources 24 +L]LSVWTLU[0TWSLTLU[H[PVUHUK*VTT\UPJH[PVUVM7VSPJ` 25 11. Indicators of Success and Basis for Evaluation 27 12. Conclusions 28 Appendix 1 - Model Dignity at Work Policy 29 Appendix 2 - Legal Framework 35 Appendix 3 - Policy Checklist 38 Appendix 4 - Evidence Base and References 39 1 -VYL^VYKI`,K^PUH/HY[(44), 4PUPZ[LYMVY/LHS[OHUK:VJPHS:LY]PJLZ This guidance has a simple objective, to ensure that staff, patients and visitors in [OL5/:PU>HSLZJHUILJVUÄKLU[[OH[[OL`^PSSÄUKHZHMLZ\WWVY[P]LLU]PYVUTLU[ in which people feel able to freely express their needs and differences. It is also fundamental to ensuring that the human rights of everyone working in and being cared MVYI`[OL5/:HYLWYV[LJ[LKYLZWLJ[LKHUKM\SÄSSLK It requires every member of staff to demonstrate supportive behaviour that protects the dignity of others and values difference. It is essential that everyone realises the impact of certain behaviour. It is not acceptable to use bullying as an excuse for incompetence or under-performance. This document provides guidance as to how to behave in the workplace and is a living policy that is part of a suite of guidance which should not be taken in isolation. I believe that leadership is crucial to the successful development of this fair and open culture, and it is therefore vital that the aims of this guidance are fully endorsed by the governing Boards of every health organisation and that everyone in a leadership WVZP[PVUKLTVUZ[YH[LZ[OLWVZP[P]LILOH]PV\YZPKLU[PÄLK The premise of this policy guideline is to recognise that it is important that there is LHYS`YLZVS\[PVUVMJVUÅPJ[PU[OL^VYRWSHJLPMHUK^OLUP[VJJ\YZHUK[OH[KHTHNLK relationships are repaired as soon as possible. It is everybody’s responsibility to co- create this culture of dignity and to ensure they truly are bringing respect to work. 2 3 0U[YVK\J[PVU )YPUNPUN9LZWLJ[[V>VYR ,SPTPUH[PUN)\SS`PUNHUK/HYHZZTLU[PU[OL>VYRWSHJL ;OL5/:PU>HSLZOHZLTIHYRLKVUHTHQVYYLJVUÄN\YH[PVUVMZLY]PJLKLSP]LY`\UKLY ‘Designed for Life’ with the clear aim of building an NHS and Social Care Service that provides high quality services that are fashioned to meet the individual needs of patients and clients. The human resources impact of this challenge is immense and a supportive environment at all levels is essential if management of the changes ahead are to be successful. This is especially true if we want to create the practices which will make NHS Wales organisations employers of choice in an increasingly competitive labour market. The Chief Executive for NHS Wales, Ann Lloyd, made it clear in her introduction to the NHS Wales Workforce Strategy ‘Designed to Work’, that “Human Resource Departments must respond to the demands of the service by ensuring strategies are in place and that HR effort is concentrated on achieving change…” The legislative requirement to Equality Impact Assess Trust and LHB employment policies and procedures has dramatically increased the work required to meet this challenge. Fortunately NHS Wales has a culture of partnership working to enable employees via their representatives to work with employers to resolve such challenges. This is a culture which the Welsh Assembly Government agrees is the right way to move ‘Designed to Work’ forward. The Employment Practices Sub Group of the Welsh Partnership Forum ensured its work programme would provide support for NHS Wales employers, and proposed to carry out a discrete piece of work to provide a Dignity at Work Policy Guideline, based on the principles established in Section 32 of the Agenda for Change Terms and Conditions. However, during the equality impact assessment of this draft policy it became apparent to the Task and Finish group undertaking this work, that to succeed in bringing respect to work a review of all HR policies and procedures was required to ensure that they did not have any adverse effect on the creation of a culture of mutual respect for NHS Wales. 4 As a result of this conclusion the Welsh Partnership Forum have agreed that this WVSPJ`N\PKLSPULIL[OLÄYZ[PUHM\SSZ\P[LVMLX\HSP[`PTWHJ[HZZLZZLKWVSPJPLZ and procedures. 0[PZYPNO[[OH[º)YPUNPUN9LZWLJ[[V>VYR»PZ[OLÄYZ[WVSPJ`N\PKLSPULPU[OPZZ\P[L Its aim is to begin the process of creating a culture of mutual respect in NHS Wales. It sets out a number of core standards that will be expected of all NHS staff, and establishes the benchmark against which the rest of the suite will be measured. It is a living document and will change in the light of new legislative frameworks or operational experience. 0[PZ[OLÄYZ[Z[LWPUJYLH[PUNHUL[OVZPU5/:>HSLZMVYLTWSV`LLZTHUHNLYZ contractors, patients and their relatives of ‘doing unto others as you would have them do unto you’. Steve Sloan UNITE, AMICUS Branch Welsh Partnership Forum 5 ;OL5LLKMVY.\PKHUJL 1.1 ;OLYLPZZPNUPÄJHU[L]PKLUJL[VKLTVUZ[YH[L[OH[[OLSL]LSZVMWLYMVYTHUJL QVIZH[PZMHJ[PVULTWSV`LL^LSMHYLHUKH[[LUKHUJLHYLPUÅ\LUJLKI`[OL culture and working environment of an organisation. The TUC, individual trades unions, ACAS, the CIPD, DTI and the CBI together with special interest organisations such as the Andrea Adams Trust and The Field Foundation all detail extensive research into the effects of organisations cultures and behaviours.[see Appendix 4] Evidence obtained from numerous surveys suggest that bullying and harassment in the workplace is a serious issue which employers must address. [see Appendix 4] Employers have a legal and ethical responsibility as a reasonable employer to ensure that the staff they employ are not subjected to inappropriate behaviour which may not only affect their performance but more importantly their health and well-being. 1.2 Bullying and harassment can take many forms, occur for a variety of reasons and may be directed at individuals or groups. Due to the fact that incidents of bullying and harassment are often misunderstood, badly misinterpreted and largely unrecognised in the workplace, it is necessary to have written KLÄUP[PVUZ[VHWWYLJPH[L[OLUH[\YLVM[OLILOH]PV\Y;OLLMMLJ[ZNVIL`VUK [OL^VYKZVMHU`KLÄUP[PVUHUK[OLWYVISLTZVMUV[PKLU[PM`PUNP[JHUOH]L devastating effects on the personal performance and well-being of individuals, as well as the overall effectiveness of the organisation. 1.3 Bullying and harassment impacts upon the individual/group being harassed, on their colleagues and on the organisation as a whole. Intimidation in any form leads to underperformance at work. If ignored, incidents of bullying and harassment lead to, and perpetuate, a working environment in which it is unpleasant to work. People cannot contribute their best or work well in teams when they fear bullying, harassment or abuse. Bullying and harassment causes demoralisation, stress, anxiety and sickness. There are also hidden psychological and social effects on the person being bullied or harassed as well as on their family and friends. 1.4 The cost of bullying and harassment to an organisation can be looked at in terms of under performance, sickness and absence rates, costs of recruiting and retraining staff, legal action and tribunal proceedings (with unlimited 6 compensation in sex, race, disability and protected disclosure cases) and possible loss of public image. Legally employees within the National Health Service in Wales (NHS) are responsible for the health and safety of employees as well as the patients within its care. The onus is, therefore, on the good employer to foresee the potential for bullying and harassment and to take reasonable steps to reduce the risk and take action where incidents are raised. 1.5 All of those involved in the workplace must recognise their own responsibilities (be it as employer, employee, trade union/professional organisation representative, patient, relative, advocate, representative of another organisation or contractor) to be alert to bullying and harassment when it occurs. Unacceptable behaviour must not occur and, when it does, must not be allowed to continue unchecked.