Bullying and harassment policy
Policy statement
This policy applies to all members of staff at the Local Government Ombudsman. The Commission considers that every individual has the right to be treated with dignity and respect at work. It is the responsibility of all employees to ensure the workplace is safe and non-threatening. Every employee is responsible for their behaviour and every employee is responsible for challenging all forms of harassment and for upholding dignity. Our goal is to develop a culture where harassment and bullying are unacceptable and not tolerated in the workplace. The Commission will therefore:
- recognise its legal and moral responsibilities
- promote good employment practice
- take all incidents of harassment seriously and deal with them thoroughly, speedily, confidentially and fairly
- provide staff with protection from victimisation.
Failure to comply with this policy, whether intentionally or unintentionally will be dealt with in accordance with the disciplinary procedure. Any serious or persistent form of harassment or bullying will be regarded as gross misconduct which may result in summary dismissal.
The Commission has the right to invite the police to investigate cases where there may be a criminal offence. In serious cases, criminal proceedings could be instituted if a criminal investigation is conducted by the police. Any false or malicious allegations of harassment or bullying will not be tolerated and may result in disciplinary action.
This policy applies at social gatherings inside and outside the workplace if the social event is connected with work eg a farewell event, after work drink, Christmas Party, awaydays or work related overnight trips.
The Commission recognises that managers have to manage the performance and conduct of their staff. However this should be in an appropriate and professional manner consistent with this policy which emphasises respect at work.
The organisation has a duty of care for all staff and a responsibility to protect their health, safety and welfare. If a complaint is brought to the attention of the manager and is of a serious nature, the manager may decide, with regard to our duty of care, to arrange for the matter to be investigated and the disciplinary procedure will be followed in these circumstances.
Employees shall be protected from intimidation, victimisation or discrimination for filing a complaint or assisting in an investigation. Retaliating against an employee for complaining about or assisting in an investigation of bullying is a disciplinary offence.
Back to top
Definitions
Harassment
The current legal definition of harassment in relation to age, sex, race, disability, religion or belief, nationality, sexuality is:
‘unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment’.
Harassment may be persistent or an isolated incident and it is action which is perceived to be demeaning or unacceptable to the recipient.
Bullying
Bullying may be characterized as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate or injure the recipient.
Bullying and harassment at work are often repeated behaviours and may be physical, verbal or in writing eg by email/text. Bullying or harassment may be obvious or insidious and may be by an individual against individual or may involve groups of people.
Back to top
Examples of harassment and bullying
The following provide some examples of what may be perceived as bullying or harassment. This list is neither exclusive nor exhaustive.
- Spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of age, race, sex, sexuality, disability, religion or belief).
- Ridiculing or demeaning someone, picking on them or setting them up to fail.
- Exclusion or victimisation.
- Unfair treatment.
- Overbearing supervision or other misuse of power or position.
- Unwelcome sexual advances, touching, standing too close, the display of offensive materials, inappropriate physical contact.
- Making threats or comments about job security without foundation.
- Deliberately undermining a competent worker by overloading and constant criticism.
- Blocking promotion or training and development opportunities.
Back to top
Responsibilities
Employees
You can help stop harassment and bullying by:
- Being aware of the behaviours that could constitute harassment or bullying.
- Making sure your own conduct does not cause offence or misunderstanding and support the values and code of behaviour expected by the organisation.
- Being prepared to stand up against harassment or bullying at work or to support colleagues who are being harassed.
- If necessary, seeking advice and support.
Managers
All managers have a responsibility for the implementation of this policy and to prevent, stop and take action to deal with offensive behaviour without awaiting a complaint from staff. If you are a manager you have a duty to take an active role in ensuring proper standards of conduct among your staff. Once you are aware of an issue relating to bullying or harassment, you have a duty of care to take action to resolve the matter.
Managers have a responsibility to maintain and promote a work environment where bullying or harassment is not tolerated and to set examples and standards of behaviour which support the organisation’s code of conduct and values.
Human Resources
The HR team have a responsibility to support and advise managers and staff on the application of the policy and support its effective implementation. HR will monitor the incidences of bullying and harassment, initiate appropriate action and regularly review the policy.
Back to top
Procedure - seeking advice you are being bullied or harassed
Staff wishing to seek information or advice about bullying or harassment should speak to their line manager, Human Resources or their Staffside/Trade Union representative. It may also be helpful to discuss concerns or talk informally with a colleague or staff adviser. Where a complaint is about the individual’s line manager they may approach another line manager or seek confidential advice from Human Resources as to who to approach.
It is important to be aware that if you raise an issue with your manager or Human Resources they have a duty of care to take this forward with a view to resolving the problem.
Back to top
Informal action
Wherever possible the informal process should be used. There are a number of informal options available to you to resolve the matter.
- If you feel able to, you could ask the individual concerned to stop, making it clear that the behaviour is unwelcome. You may ask a friend, work colleague or staff side/TU representative to be with you when you do this.
- If you feel unable to speak directly to the person concerned, you may wish to write to them in the above terms.
- You may discuss the matter with your line manager or HR to facilitate a meeting between you both or individually.
Your line manager should not take action following an informal approach concerning harassment without informing you of the action they propose to take.
You have a right not to be victimised as a result of any complaint you make and should you feel you are being victimised this will be treated seriously and action may be taken against those concerned.
If you feel an informal approach would be inappropriate, or it has been unsuccessful, or you do not feel able to take these steps, you have the right to make a formal complaint.
Back to top
Formal procedure
The formal process is used where:
- a complaint of harassment or bullying is not resolved through the informal process
- the individual feels the informal approach is not appropriate
- when harassment/bullying is persistent.
Step 1
Put the complaint in writing to your line manager or where the complaint is about the line manager then the complaint should be in writing to their manager or contact HR who can advise on which other manager may be appropriate to hear the complaint. A formal letter of complaint should include:
- the nature of the complaint
- reference to dates, times and places (where possible) in relation to a specific incident(s)
- the names of any witness(es) to the incident(s) should also be included.
Step 2
The complaint will be investigated by the line manager or another manager where appropriate. The manager will conduct a preliminary investigation to gather all pertinent facts to decide whether allegations of harassment have been substantiated. The manager will arrange for the investigation to start within five working days of receipt of the written complaint and will advise the complainant of the time needed to complete the investigation.
Step 3
The investigating manager will conduct the preliminary investigation of the complaint by separately interviewing the complainant, the accused and any witnesses, all of whom have the right to be accompanied by a friend, work colleague or staff side/TU representative. Notes will be made of the interview, and interviewees will be asked to agree and sign the statements made to confirm it is a true record of the interview.
It may be desirable to separate the two parties during the investigation. One party may be moved, and any decision on this will take account of the circumstances prevalent at the time or if it is felt desirable that the complainant and the accused should not be in a situation where they could confront each other in the workplace. In some cases where there is a risk to the health and safety of staff or the security of the organisation, it may be necessary to suspend the alleged harasser or bully, with pay.
The length of time needed to investigate a complaint will vary depending upon the nature of the complaint and the complexity, however, in all cases a response should be made to the complainant within four weeks of the start of the investigation, unless otherwise mutually agreed.
Step 4
Following the investigation – potential outcomes:
- The investigating manager will decide whether there is a case to answer.
- It may be that the complaint is not upheld and in this case all records of the matter will be disregarded. The person complaining will receive feedback on the reasons for this decision.
- The manager may decide that the matter may be resolved through mediation or conciliation if both parties agree.
- If it has been found that harassment has occurred the manager will decide what action to take. If the matter is of a serious nature then it may become a disciplinary matter. In this case the manager should inform the Head of HR and make arrangements for a disciplinary hearing to be held.
- If the investigation results in a disciplinary hearing and the allegations of harassment and/or bullying are upheld, disciplinary action will be taken in line with the Disciplinary Procedure.
- If the complaint is upheld it may be necessary to separate both parties, normally the bully/harasser would be moved. Sometimes it may be necessary to separate both sides even where the complaint is not upheld in order to maintain good working relations and the organisation may decide to move one or both parties in order to achieve this.
- Malicious claims – If, after an investigation, any claim is found to be malicious, contains no substance, and has been made with the sole intention of causing embarrassment or difficulties for the person accused, this will be considered a disciplinary offence and action may be taken under the Disciplinary Procedure against the accused.
Back to top
Follow up
When a complaint has been resolved informally or through the formal procedure, the line manager should monitor the situation to ensure that the bullying or harassment has stopped and there has been no subsequent victimisation.
Confidentiality
Any complaint received either formally or informally will be treated confidentially and the knowledge that a complaint has been made will be restricted to the minimum number of people necessary to ascertain what happened. All those involved in any complaint should respect this and ensure that they are sensitive to the needs of both the complainant and the accused. Anyone involved with investigating a complaint will do so impartially and make no inferences that either party is at fault until the investigation is complete. Breaches in confidentiality will be considered a disciplinary matter.
Back to top
Appeals
Appeals against disciplinary action taken in relation to bullying or harassment will be in accordance with the disciplinary procedure.
If you have a complaint relating to procedural issues, you should write to the Head of HR stating the procedural issues. This will be considered under stage 2 of the Grievance Procedure. There is no right of appeal against the decision made about your complaint.
Back to top
Support
Counselling is available where appropriate for both parties through occupational health and to discuss this, you should contact Human Resources. Counselling, mediation or training may also help to resolve the problem if the complaint is not upheld or if tensions continue after the complaint has been resolved. Counselling and mediation services are completely confidential.
If you feel you have been or are the victim of harassment or bullying or feel someone is being harassed or bullied you can seek advice and support as appropriate from a colleague, your Staffside/TU representative, your line manager or Human Resources. Talking things over with someone offers staff a confidential avenue for an informal discussion and in some cases it may help the complainant to resolve the issue informally.
December 2007
Date Updated: 21/08/09