Meeting: Human Resources Committee (County Hall, Durham - Committee Room 2 - 09/06/2006 10:00:00 AM)
Item: A2 Dignity at Work and Bullying and Harrasssment Procedures
Human Resources Committee
9 June 2006
Dignity at Work & Bullying & Harassment Procedures |
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| Report of Kim Jobson, Head of Human Resources |
Purpose of the Report 1 The report highlights the changes to the revised Harassment & Bullying Policy & Procedure and the main points of a new Dignity at Work Statement.
Background
2 The current Harassment Policy and Procedure has been in operation for a number of years. Legislation and good practice have moved on since then and a full review has taken place over the last year. Areas for updating have been identified in relation to the way in which it provides appropriate mechanisms for people to raise and obtain resolutions to problems of this nature.
3 These problems are particularly evident with regards to the relationship with other policies such as Grievance and Discipline. Similarly there have been problems around lack of clarity with methods of resolution and support mechanisms for employees.
4 The Council does not currently have a Dignity at Work Statement but does have a number of related processes and procedures which are not linked together.
Current Position
5 The revised Bullying and Harassment policy and its related procedure (policy copy Appendix 2) sets out informal and formal procedures for employees, provides contact points where advice can be sought including counselling and support, and aims to encourage the early identification and resolution of any problems.
6 Liaison officers have volunteered and been trained to take part in a pilot project to promote the policy and procedure as well as providing information on other support which is available, for example, Lancaster LifeAssist. They will act as a first point of contact but will not provide counselling or duplicate support available from line managers and Trade Unions.
7 The revised procedure makes explicit links with the Disciplinary Procedure and provides for a more robust monitoring process through the Human Resources Division of Corporate Services. This will provide useful data for the monitoring expectations of the revised CPA Key Lines of Enquiry around staff complaints.
8 To further clarify and support the Bullying and Harassment Procedure a revised Grievance Procedure has been produced which specifically excludes Harassment and Bullying issues.
9 The Dignity at Work Statement (Copy Appendix 3) contains nothing new but brings together the positive elements of a number of other policies and statements in to one document with the aim of providing a summary for employees of the ways in which the Council expects its employees should treat each other and be treated. The issues included are the behaviours which are now part of the revised Performance Appraisal System and the Council’s Values as well as cross referencing the various support mechanisms/policies which operate in the Council e.g. Occupational Health, Lancaster Counselling
10 Consultation has taken place across Services and with the trade unions and feedback has been used to develop the final versions of these documents.
Recommendations and Reasons
The revised Bullying and Harassment Policy & Procedure and the Dignity at Work Statement are adopted to provide updated policies to meet the needs set out above.
| Contact: Ann Robinson on 0191 3833496 e mail ann.robinson@durham.gov.uk or Kay Winter on 0191 383 4689 e mail kay .winter @durham.gov.uk |
Finance
None
Staffing
None. Liaison Officers have volunteered for this role as an additional duty and are able to withdraw from the pilot at any point if they so wish.
Equality and Diversity
Report supports Equality and Diversity agenda.
Accommodation
None.
Crime and disorder
Reference to Hate Incident reporting is included in both documents.
Sustainability
As above, Equality & Diversity issues are an integral part of sustainable communities.
Human rights
Links directly to Equality & Diversity issues through fair treatment in the workplace
Localities
None.
Young people
Links to Equality & Diversity issues around age. Age is included in the Bullying and Harassment policy.
Consultation
Within Services via HR Service teams and the Equality Implementation Group, this group also includes external contacts. Unions were also included.
Health
Both Bullying and Harassment and Dignity at Work link to health in the workplace.
Appendix 2
Durham County Council
Bullying & Harassment Policy
1. Policy Statement 1.1 Durham County Council (DCC) recognizes and accepts its responsibility as an employer to protect its employees from harassment and bullying . We must develop positive values and a working culture t hat provides an environment where employees can develop as people who are motivated, productive and happy as well as being treated with respect and dignity. The Council will not tolerate any form of harassment and bullying from any source, including, managers, fellow employees, elected members, customers, service users, partners, stakeholders and contractors.
1.2 DCC has core standards of behaviour that are part of our People Strategy:
- Value, respect and treat people fairly
- Learn from experience and be prepared to change
- Listen to people and encourage them to give their views
- Respect confidentiality
- Help people to access services
- Provide people with information for them to make informed choices
- Keep people informed
- Be responsive to people’s needs
- Explain decisions
- Check that service user needs are being met
1.3 This policy identifies unacceptable forms of behaviour . T he supporting procedure informs employees of the available options open to them should they be subject to harassment or bullying. All employees and elected members are required to comply with this policy. Every individual has a responsibility to treat others with dignity and respect.
1.4 DCC works jointly with the Trade Unions and they are fully supportive of the principles of this statement.
1.5 It is important to remember that in law, once a member of staff is aware of the facts of a case, the organisation is deemed to know.
2. Aims 2.1 The aim of the policy is to:
- Ensure that every employee understands their right and responsibilities in relation to harassment and bullying.
2.2 The aim of the procedure is to:
- Provide an understanding of what to do if bullying or harassment takes place.
2.3 DCC wants all employees to feel confident about reporting complaints of bullying and harassment. All complaints will be taken seriously, treated fairly and without victimisation.
2.4 DCC will take a serious view of any complaint made regarding bullying or harassment. Appropriate action will be taken against any individual where it is proven that they have bullied or harassed, this may include disciplinary action. Where a complaint is shown to have been made maliciously, this will be treated as a disciplinary matter.
2.5 This procedure covers all types of bullying and harassment. There is a process for reporting Hate Incidents due to a person’s race, disability, sexual orientation etc. (Further information about the Hate Incident reporting procedure is available on the intranet or contact the Equalities Team, ext 4689 or 4254).
3. What is Harassment?
3.1 Harassment is unwanted conduct affecting a person’s dignity. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristics of the individual . Harassment may be persistent or an isolated incident.
3.2 It is not what may have been intended by the perpetrator that is key in deciding whether harassment has occurred; it is whether the actions and comments are viewed as demeaning and unacceptable to the person being harassed.
3.3 Examples of unacceptable conduct:
- Unwanted physical contact ranging from touching to serious assault, threats
- Suggestive comments or body language.
- Verbal and written harassment through jokes, offensive language, gossip and slander, sectarian songs, letters etc.
- Visual display of posters, graffiti, obscene gestures, etc.
- Coercion ranging from pressure for sexual favours to pressure to participate in political/religious groups.
- Intrusion by pestering, spying, following etc.
- Unwanted attention of a sexual nature.
- Isolation or exclusion from work.
4. What is Bullying? 4.1 Bullying is offensive, intimidating, malicious or insulting behaviour as well as misuse of power through means intended to undermine, humiliate, degrade, criticise unfairly or injure someone.
4.2 Although this list of bullying behaviours is not exhaustive, some common examples include:
- Spreading malicious rumours or insulting/humiliating someone.
- Copying memos that are critical about someone to others who do not need to know.
- Ridiculing or demeaning someone - shouting at the individual in front of others.
- Exclusion or victimisation / being ignored.
- Unfair treatment and criticism.
- Excessive supervision or other misuse of power or position.
- Deliberately undermining a competent worker by overloading them with work and subjecting them to constant criticism.
- Preventing individuals progressing by intentionally blocking promotion or training opportunities.
- Setting up a person to fail - giving impossible deadlines or tasks or withholding information necessary for them to carry out the task.
- Unreasonable assignments of duties, which are obviously unfavourable to one individual.
- One off events
4.3 Bullying and harassment are not always face-to-face; they can include written communications, electronic mail and telephone conversations .
5. What is Victimisation?
5.1 Victimisation may arise when one or more people receive less favorable or unequal treatment compared to others . This could be because they are suspected or known to have complained, or may have given evidence about behaviour, which has resulted in an allegation of harassment and bullying. Victimisation arising from a case of harassment or bullying is a conduct issue and will be dealt with under the DCC Disciplinary Procedure.
6. Effects of Bullying and Harassment
6.1 Harassment and bullying can have a detrimental effect on the individual’s home and worklife ; for example, depression, anxiety, stress, loss of confidence. In the workplace this can result in, poor working relationships, increased absenteeism and reduced efficiency.
6.2 In the event of an employee becoming absent due to bullying or harassment - and consequently suffering from stress, anxiety or depression - it is essential that reasonable adjustments are made to her/his workplace in order to ease the ir way back into work. (For further guidance please refer to the Managing Sickness Absence Policy in Corporate Personnel Policies and Procedures Manual or on the intranet).
7. How to deal with Harassment or Bullying
7.1 If an employee feels that s/he is being harassed or bullied this should be brought to the attention of the alleged perpetrator to give her/him the opportunity to change her/his behaviour. This should be treated sensitively by all those involved as the alleged perpetrator may not be aware that her/his actions have caused offence or upset.
7.2 A complaint of harassment or bullying can be dealt with either informally or formally, except in serious cases where the formal procedure should always be used. The employee should initially try to resolve the matter informally by speaking to the alleged perpetrator, if s/he feels unable to do this s/he can seek support from either Lancaster Life Assist Counselling Service (telephone number 0800 068 5155, scheme number 33679), Occupational Health, (ext 4928) a Trade Union representative, or their line manager. All employees involved in a complaint must respect confidentiality . Further advice about the policy and procedure is available from the Bullying and Harassment Liaison Officers or Human Resources. Please see appendix 2 within the Bullying and Harassment procedure, or the intranet for a list of Bullying and Harassment Liaison Officers or alternatively contact the Equalities Team (ext 4689 or 4254).
7.3 If the informal procedure has not resolved the situation then the formal procedure should be implemented. The Harassment and Bullying Report Form must be completed and sent to the relevant Head of Service with a copy to Corporate Human Resources. An investigation will then be carried out. (For further advice on the informal and formal procedure please refer to the Harassment and Bullying Procedure).
8. Duty of Care
8.1 All employees and elected members have a duty of care to themselves and others . They must not act in any way likely to cause harm to others. Employees must treat all people with courtesy and respect and be aware of how their behaviour could be interpreted by others. Employees should understand the types of behaviour and actions that can be regarded as harassment or bullying. If employees are aware that their behaviour causes , or could cause, offence it should be stopped. Any behaviour that is proven to be harassment or bullying can result in disciplinary action, which may include dismissal.
8.2 Elected Members responsibilities are to:
- Promote the Council’s values and the importance of a positive working culture.
- Comply with their responsibilities under the Code of Conduct.
- Be aware of their own behaviour and the effect it may have on other people thus ensuring that their behaviour does not contribute to harassment or bullying.
8.3 Managers/Supervisors responsibilities are to:
9. Monitoring 9.1 Monitoring will include:
(i) A record of all complaints detailing the incident(s).
(ii) Reviewing individual complaints to monitor outcomes .
(iii) Identifying issues and appropriate action.
(iii) Corporate record keeping in line with equalities monitoring.
9.2 Corporate Human Resources will monitor the number and type of incidents to identify any further action to be taken at a corporate level.
10. Confidentiality
10.1 DCC recognises that problems of harassment and bullying involve sensitive issues. To eliminate harassment from the workplace DCC has adopted a policy of non-tolerance of any form of harassment and/or bullying. However to eliminate harassment and bullying it is necessary to know when it occurs. The Council is responsible for the actions of all its employees and therefore must be informed of any incidents.
10.2 DCC has a duty of care to investigate all complaints and take action, including disciplinary measures where appropriate. All information in relation to complaints will be handled sensitively and appropriately. Confidentiality cannot however be guaranteed as information disclosed may have to be used in proceedings including disciplinary hearings and criminal cases if appropriate.
Appendix 3
Durham County Council
Dignity at Work Statement
Who is it for? One of Durham County Council’s (DCC) Change Programme Aims is that we develop a culture in which:
‘Everyone will work in an environment that is open and supportive and free from bullying and discrimination. Innovation will be encouraged; people will be respected for their contribution rather than their status. Communication channels will be many and varied, and everyone will be encouraged to express their views about improvements to services’.
* This document is one of the ways in which we set out how we hope to achieve this aim.
It is for everyone within DCC. It sets out the standards of behaviour that are expected when dealing with each other as well as with members of the public. It also identifies what to do if you feel you are not treated in accordance with these standards. It is important to remember that everyone has a responsibility for ensuring that the organisation is one in which all are treated with dignity and respect.
Values Durham County Council has a set of values which set out the sort of place we want the County to be. We value:
- All people who live, work or learn within the County, and those who visit it and strive to enable them to enjoy the best possible quality of life
- Excellence in the way we provide services and we will constantly seek to improve them
- Our attractive county and its rich culture, heritage and natural environment, and we will ensure that in meeting the needs of today we do not compromise our ability to address the needs of the future
- Difference, and respect and celebrate individuality, and we will ensure that everyone’s rights are preserved and promoted
- High aspirations , and we will seek to promote a culture in which people can develop and achieve their full potential
- Working with others in an open and understandable way so as to bring about a sense of trust in the Council, our employees and partners
- The participation of all people and we are committed to listening and responding to all views and will help everyone to be involved and included in issues which affect their quality of life.**
How are people expected to behave? DCC has core standards of behaviour that are part of our People Strategy. These require all employees to: -
- Value, respect and treat people fairly.
- Learn from experience and be prepared to change.
- Listen to people and encourage them to give their views.
- Respect confidentiality.
- Help people to access services.
- Provide people with information for them to make informed choices.
- Keep people informed.
- Be responsive to people’s needs.
- Explain decisions
- Check that service user needs are being met ***
How are people supported to make this happen? DCC is committed to ensuring that everyone is treated with dignity and respect and supports the achievement of this aim in a variety of ways such as: -
- Induction - when you start work with us there is a Corporate Induction Programme which is followed up by Service Induction programmes.
- Equality and Diversity Training - every employee will be provided with this training to give a better understanding of how the Council expects people to be treated.
- Service Equality Groups-all service areas have their own groups which link together so that we can look at Equality issues across the Council
- Team Briefings-within Services these update you on what is happening in the Council
- Performance Appraisal-provides an opportunity to talk to your supervisor/line manager about these issues
- Code of Conduct for Employees-sets out the standards around issues such as appointments, offers of gifts, financial regulations
- DCC Policy and Procedure Structure
*Extract from DCC Statement of Culture-Change Embraced by 2006
** Extract from Corporate Best Value & Performance Plan
What are the options when people feel that they are not treated with dignity? DCC will not tolerate poor professional or inappropriate behaviour and has developed procedures for dealing with behavioural issues. These are set out below. DCC takes all such issues seriously and will take appropriate action to deal with the perpetrators where necessary.
There are a number of ways to seek help, support or advice such as:
- Informal resolution. This can often be the most effective way of resolving issues. It may not be appropriate in all circumstances however discussing with a supervisor/line manager, work colleague or trade union representative can be the first step to resolving the problem.
- Using a DCC procedure such as:
- Grievance
- Bullying and Harassment
- The Confidential Reporting Code-‘Whistle blowing‘
- Violence to Staff
- Hate Incident Reporting
- The Occupational Health Service either through line manager or self referral.
- Bullying & Harassment Liaison Officers who can explain the process and where you can get support for dealing with these issues.
- Lancaster Counselling Service provides confidential telephone support independent of DCC
How will DCC keep on improving the way in which people are treated? - Staff Survey- every 2 years the Council asks staff a range of questions about what it is like to work for DCC and then produces an Action Plan from the findings of the survey to improve on working for Durham.
- Monitoring numbers and types of complaints and using these to implement appropriate action.
- Performance Appraisal-supervisors/managers feedback information to identify areas for further training and development
- Equality and Diversity Groups
- Looking at information from exit interviews and employment stats. e.g. turnover, absence levels and reasons for absence
How do you find out more about anything referred to in this document? This document gives an overview of how DCC approaches this issue. Further information on anything referred to in it is available on the Intranet, by asking your line manager/supervisor, from your Service Admin. Office, from your Trade Union or from the Corporate Human Resources Division. If you have any difficulty in obtaining information or have any comments on this document please e mail
personnel.caspteam@durham.gov.uk or call 0191 3834198/3834203 or fax 0191 383 4455.
*** Extract from DCC People Strategy 2004-2007
Attachments
HR Committee Report June 2006.pdf