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Respect, civility and resolution (formerly bullying and harassment) policy

Contents

  1. Introduction
  2. Purpose
  3. Scope
  4. Responsibilities, accountabilities and duties
  5. Definitions
  6. Procedure and implementation
  7. Resolution
  8. Right of representation
  9. Support mechanism
  10. Legislative framework
  11. Training implications
  12. Monitoring arrangements
  13. Equality impact assessment screening
  14. Associated documents
  15. References
  16. Appendices

1 Introduction

The trust is firmly committed to the fair and equitable treatment of both existing and prospective employees in all employment matters.

This policy also affirms the right of each employee of the trust to be treated fairly and with courtesy, consideration, dignity and respect and understanding of individual differences, as well as having personal responsibility for treating others in this way. This policy has been developed within the context of that commitment and outlines the process for employees and managers to follow if behaviours outside of this commitment arise.

The trust recognises that to deliver excellent care to patients, the trust needs to be well led and have healthy, supportive, positive cultures that value diversity and promote inclusion for all staff groups. As part of this overall commitment, the trust has a duty to provide an inclusive culture in which all staff have the right to be treated with dignity and respect at work, where bullying and harassment is not tolerated and where staff feel safe to speak out and discuss matters of concern without fear of reprisal.

We expect that’s when colleagues see a situation that isn’t acceptable for the trust, our patients or our colleagues, they can speak up without fear of repercussion. Equally, if they themselves make a mistake a just culture would empower them to be open, it would encourage them to readily question what had happened, why and, along with colleagues, learn in a way that greatly reduces the risk of anyone in a similar situation repeating actions that have given rise to harm. A just culture is not finger-pointing, nor blame-seeking. It’s about being open and transparent; asking what was responsible, rather than who is responsible”. These are the principles which we follow within the trust.

2 Purpose

The purpose of the respect, civility and resolution policy aims to encourage positive working relationships as well as constructive and lasting solutions to workplace issues which have arisen. It is recognised that conflict in the workplace may occur and we endeavour to support employees and managers who have an issue, conflict or complaint during their employment in a constructive way to prevent negative behaviours which are in breach of the trusts values.

This policy aims to support creating and sustaining a working environment that is characterised by mutual respect, tolerance, understanding and a working culture based on dignity and respect across all our services and departments. The trust’s ultimate goal is to develop a working environment in which discrimination, bullying, and harassment is understood to be unacceptable by all and where everybody feels a personal responsibility to ensure that the dignity of colleagues is not abused.

We expect all staff to consistently demonstrate the trust values as below as shown in appendix D. Values drive our actions, behaviours, and decisions, and ultimately help shape our culture.

The values and behaviour framework is Intended to be used within everyday processes so that the values and behaviours become more meaningful and known to employees. Examples of everyday processes to consider include the following:

  • supervision or PDR
  • recruitment and retention
  • rewards
  • team effectiveness and team building

For further guidance refer to appendix D.

All employees of the trust are responsible both legally and morally for ensuring that individuals and groups do not suffer from bullying or harassment and that they are encouraged and supported in any legitimate complaint.

All employees are also responsible for ensuring that any complacency by witnesses of bullying and harassment is discouraged and witnesses are supported in not having to suffer bullying and harassment themselves.

3 Scope

This policy applies to all employees of the trust. This policy does not apply to ex-employees of the trust, however, if an ex-employee raises serious concerns, the trust may choose to investigate these. It does not address complaints of harassment by service users or members of the public which are addressed through other procedures. In addition, to the behaviours we expect from colleagues we also have a zero tolerance approach to any form of unacceptable behaviour from our patients and or their relatives and we will ensure that action is taken to address any situations as deemed necessary to fully support our employees.

Where a complaint is raised involving an employee from another organisation, the People Experience team will liaise with the human resources department, where applicable, of the other organisation involved, to agree a way forward within the policy framework of each organisation.

This policy covers any behaviours which result in employees feeling that they are not being treated with respect and civility, this includes bullying and harassment. All employees are responsible for their own behaviours under this policy. Any complaints under this policy should be raised within 3 months of the incident or behaviour taking place in order that his can be addressed in a timely manner. Any exception to this should be discussed and agreed in conjunction with the People Experience team. It should be acknowledged that in some cases, small issues can happen over a period of time and following a build up of these issues the complainant eventually may raise the matter informally or formally.

4 Responsibilities, accountabilities and duties

4.1 The role of the trust as an employer

This is:

  • to provide direction for line managers and employees who are responsible for operating this policy
  • to create a positive working environment where employees feel able to discuss poor behaviour with each other through informal mechanisms and to detail how these concerns can be addressed through more formal routes

4.2 The director of people and organisational development

The director of people and organisational development has responsibility for the implementation of this policy and coordination of an appropriate communication and training strategy together with ensuring that appropriate monitoring arrangements are in place with a focus on early and informal resolution.

4.3 Line managers

All line managers have a responsibility to:

  • facilitate the creation and maintenance of a positive working environment and positive working relationships
  • set a positive example by setting and following standards of acceptable behaviour, to role model this policy
  • to be aware of different methods and assess the most appropriate form of resolution of difficult working relationships, attempting to resolve informally, timely, fairly and consistently utilising the approaches available
  • to work in partnership with trade unions or professional organisations and staff representatives and the Employee Relations Team to address issues promptly, which are raised under this policy

4.4 All other employees

  • All employees are personally responsible for their own behaviour and upholding the values of the trust as well as compliance with this policy and participation and co-operation with others to resolve workplace issues, conflicts or complaints.
  • All employees have a responsibility to raise and challenge any behaviour or communication which they may witness or hear, even if it isn’t directed at them, if it doesn’t fit with the values and expectations of our trust.

4.5 The People Experience team

The People Experience team are responsible for:

  • advising managers on the fair and consistent application of this policy
  • monitoring any incidences of bullying and harassment and initiating appropriate action
  • supporting the network of freedom to speak up champions
  • supporting managers and employees alongside trade unions or professional organisations and staff representatives to deal with concerns promptly and appropriately
  • reviewing and amending this policy and procedure as necessary, working in partnership with unions
  • raising awareness when the policy is reviewed or revised
  • to liaise with colleagues in other relevant organisations in cases involving individuals from a separate employer

4.6 Freedom to speak up guardian and champions

The freedom to speak up (FTSU) guardian role is an independent and impartial source of advice for employees at any stage in which a concern is raised with access to anyone in the organisation or if necessary, outside the organisation.

The FTSU guardian has been given special responsibility and training in supporting employees who have concerns about working relationships with other colleagues. This role is supported by freedom to speak up champions who can also support individuals. A list of the FTSU champions and an explanation of their role is are published in appendix A.

4.7 Trade unions, professional organisations and staff representatives

Trade unions, professional organisations and staff representatives have a responsibility:

  • to support the trust in its efforts to provide a positive working environment free of bullying, harassment and intimidation
  • to help inform the workforce of the policy and to encourage employees who may have problems, to use the facilities and support mechanisms available within this policy and procedure
  • to support their members in dealing with concerns in respect of working relationships (for and against) promptly and appropriately in accordance with the principles of the policy
  • to advise members of their rights and responsibilities under the policy and to be available to represent individuals at appropriate meetings (see section 8)
  • provide feedback on any concerns experienced with regard to compliance with this policy
  • where appropriate, to work in partnership with line managers to address issues which are raised under this policy

Please note that trade union, professional organisation representatives work to the same code of practice in relation to confidentiality as all other employees.

5 Definitions

Definitions
Definition Explanation
Bullying Offensive, intimidating, malicious or insulting behaviour. It is often an abuse or misuse of power through means intended to undermine, humiliate or injure the recipient
Harassment Unwanted conduct affecting the dignity of staff in the workplace that may be related to any personal characteristic of the individual, for example, age, gender, disability, religion or belief, sexual orientation, ethnicity, pregnancy and maternity, marriage and civil partnerships, gender reassignment, political opinion or trade union membership, and may be persistent or an isolated incident
Mediation A confidential, informal and voluntary process whereby an impartial mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship
Just culture Just culture considers wider systemic issues where things go wrong, enabling professionals and those operating the system to learn without fear of retribution. Generally, in a just culture inadvertent human error which has been freely admitted, is not usually subject to sanction to encourage reporting of issues. In a just culture there is an attempt to understand why failings occurred and how the system led to the behaviours. However, a just culture also holds people appropriately to account where there is evidence of gross negligence or deliberate acts
Positive working environment A positive working environment could be:

  • the relationship with colleagues and managers
  • positive organisational culture
  • room for personal development
  • physical environment such as how much light and fresh air and space there is in the workplace
  • recognition for good work
  • open and honest communication
  • cooperation, support, and empowerment
  • flexibility
  • positive leadership
Positive working relationship There are several characteristics that make up positive working relationship:

  • trust, if you trust the people you work with, you can be open and honest in your thoughts and actions
  • respect, when you respect the people who you work with, you value their input and ideas, and they value yours. Working together, you can develop solutions based on your collective insight, wisdom and creativity
  • mindfulness, this means taking responsibility for your words and actions. Those who are mindful are careful and attend to what they say, and they don’t let their own negative emotions impact the people around them
  • welcoming diversity, people with good relationships not only accept diverse people and opinions, but they welcome them
  • open communication, we communicate all day, whether we’re sending emails or meeting face to face. The better and more effectively you communicate with those around you, the richer your relationships will be. All good relationships depend on open, honest communication
Victimisation Treating someone badly because they have taken action, or supported someone else to take action
Freedom to speak up Can include but is not limited to whistleblowing and duty of candour
At work Includes any situation that can be identified with either the requirements of the employer, or with social events linked to the same employment. It includes any place where NHS care is delivered

6 Procedure and implementation

6.1 General principles

The trust recognises that a positive working environment and positive working relationships have a positive impact on employee wellbeing and engagement. A positive working environment can also lead to better performance, improved retention and reduced stress related sickness absence. Focusing on resolution is beneficial for the trust, employees, patients, and service users.

The trust recognises that conflict in the workplace may occur. In the event that this does happen, we endeavour to support colleagues and managers to work together to resolve issues and conflicts informally, constructively and in a timely manner.

The policy provides an overview of the process the trust will follow to resolve these issues without resorting to a formal process wherever possible. It is against the policy of the trust for any employee to bully and or harass another employee both directly and indirectly. Such conduct will not be accepted. Appropriate disciplinary action, up to and including dismissal for serious offences, will be considered against any individual who violates this policy.

6.2 Maintaining a positive working environment

There are steps that everyone can take to maintain a positive work environment.

Everyone:

  • think about how you communicate, use transparent and open communication
  • respect each other and appreciate we are all different
  • listen to each other
  • provide positive reinforcement to your colleagues where it is needed
  • make a commitment to prioritise your health and wellbeing
  • take the time to celebrate team successes
  • if you witness or hear any behaviour or language that isn’t in accordance with the spirit of this policy, take responsibility and challenge this behaviour to prevent escalation. The challenge should be in a non-confrontational style and approach

Line managers have a responsibility to model the standards of acceptable behaviour expected of colleagues. Line managers should ensure their own behaviour could not be construed as personal harassment by acting with fairness and equity. This includes using their judgement to correct standards of conduct or behaviour which could be seen as harassment, and to remind colleagues of these standards. Each colleague carries responsibility for his or her own behaviours.

Line managers are responsible for the following:

  • promote a team work ethic
  • ensure team meetings happen regularly with an agenda where everyone is encouraged to participate
  • set team objectives
  • plan regular ‘team away days or time out’
  • promote an ‘open door’ environment where staff are encouraged to raise concerns
  • listen to what employees say and act where appropriate
  • signpost employees to others if they feel unable to approach their line manager

Management may sometimes be perceived as bullying and harassment; a manager who is consistent and fair is not necessarily guilty of bullying and or harassment. The management behavioural style expected of managers in the trust is characterised by the following:

  • mentor, guide, coach, lead by example, inspire their team, set out expectations clearly through on an informal basis, through 121s and personal development reviews
  • deals fairly and effectively with performance issues
  • communicates well, good listener and accepts feedback
  • creates an environment where staff can make suggestions for improvement and implement ideas
  • providing guidance and support
  • value and recognise contribution of staff and provide praise where appropriate
  • to give and receive balanced and constructive feedback to enable learning and development
  • reflect on own performance and accept that you can learn from staff
  • loyal to organisation, prepared to defend interests of team
  • accepts responsibility for actions of team
  • good interpersonal skills and able to manage tensions between team members
  • technical competence with broader leadership skills
  • maintains positive communication style and motivates in challenging times
  • gains loyalty and care about the health and wellbeing of the team
  • determined to achieve the best result, but is reasonable and flexible
  • insists on high standards of service in quality and behaviours

6.3 Definition of harassment

Broadly, harassment in the workplace can be defined as, unsolicited or unwelcome remarks or actions by an individual or group, which causes a colleague to feel threatened, humiliated, patronised, harassed or otherwise distressed or which interferes with job performance, undermines job security or creates an intimidating or otherwise unpleasant working environment.

Harassment is unwanted and unlawful conduct related to a relevant characteristic, as defined by the Equality Act 2010 and the Protection from Harassment Act 1997.

Essentially it is the deed itself and the impact upon the recipient, rather than the intention of the perpetrator, which determines whether harassment has taken place. In other words, the intention is subordinate to, or less important than, the effect it has on the individual.

Therefore, it is not behaviour of a mutually acceptable nature. It is behaviour that is unsolicited, personally offensive and fails to respect the rights of others or fails to recognise the impact that such behaviour may have.

It is acknowledged that, on occasions, employees may be genuinely unaware that their behaviour causes offence. However, it is the duty of each individual to be sensitive to the impact they have on their colleagues and to recognise that some apparently trivial incidents, repeated over time, can create an unpleasant, intimidating or frightening atmosphere. Wherever possible, at any early stage employees should highlight the behaviour or actions which they find unacceptable or offensive, in the aim of immediately addressing the situation.

6.4 Forms of harassment, including bullying

6.4.1 Sexual harassment

Sexual harassment is a form of sexual discrimination.

The Equality Act sets out two specific definitions of sexual harassment, which are:

  • conduct of a sexual nature that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment
  • less favourable treatment related to sex or gender reassignment that occurs as a result of a rejection of or submission to sexual conduct.
    In determining whether or not the unwanted conduct has the effect referred to, the factors that must be taken into account are:

    • the perception of the complainant
    • the other circumstances of the case
    • whether or not it is reasonable for the conduct to have that effect

Examples may include:

  • unwelcome sexual attention
  • suggestions that sexual favours may further your career, or refusal may hinder it
  • remarks, insults, derogatory comments, jokes, innuendoes or ridicule of a sexual nature
  • lewd, suggestive or over-familiar behaviour
  • leering, eyeing up a person’s body
  • passing, display or circulation of sexually suggestive messages (including via e-mail), or other literature or material, for example, pin-ups

This list is not intended to be exhaustive.

Indeed, a key problem is that different people often have different ideas as to what behaviour may be regarded as sexual harassment. However, the fundamental concept is that sexual harassment refers to conduct which is unwanted and unwelcome to the recipient.

In general, unwanted sexual attention is harassment if it continues after it has been made clear that it is found unacceptable. However, one incident can be enough to constitute sexual harassment if it is sufficiently serious.

Both men and women have been known to be sexually harassed.

6.4.2 Racial harassment

Racial harassment is a form of racial discrimination. It includes a wide range of abusive and threatening behaviour. It can be defined as any hostile act or expression on racial grounds by a person of one racial or ethnic origin against another, or incitement to commit such an act, where there is an indication that the motivation is racial dislike or hatred. Such behaviour may be contrary to the Equality Act 2010.

Examples may include:

  • remarks, jokes, derogatory comments, abuse
  • wearing of offensive badges or insignia
  • display or circulation of offensive publications
  • racist graffiti
  • insulting behaviour or gestures
  • ignoring or shunning a colleague on the grounds of race
  • denying access to benefits such as training and overtime
  • use of social media in respect of any of the above

This list is not intended to be exhaustive.

6.4.3 Bullying

Bullying is persistent, offensive, abusive, intimidating, malicious or insulting behaviour, abuse of power or unfair penal sanctions which makes the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self-confidence, and which may cause them to suffer stress and may have a detrimental impact on patient care

Bullying can occur in a number of different ways. Some are obvious and easy to identify. Others are subtle and difficult to explain.

Examples may include:

  • exercising inappropriate physical or mental pressure to undertake work of an unreasonable nature
  • shouting at staff or colleagues to get things done
  • persistent criticism or personal abuse, in public or in private
  • deliberately setting out to make someone appear incompetent or to make their lives miserable
  • abuse of power to display dominance in an intimidatory and threatening manner
  • face to face or electronic dialogue with colleagues which comes under the definition of bullying
  • use of social media in respect of any of the above

This list is not intended to be exhaustive.

Anyone can become a bully and bullying happens to anyone.

6.4.4 Cyber bullying

Cyber bullying is any use of information and communications technology to support deliberate and hostile attempts to hurt, upset or embarrass another person.

Examples of cyber bullying include:

  • sending abusive emails
  • telephone calls
  • posting comments on websites, for example, Facebook or Twitter
  • hacking into other people’s accounts and sending viruses

6.4.5 Other forms of harassment

Individuals can also experience harassment based on, for example:

  • age
  • marriage or civil partnership status
  • gender reassignment
  • disability
  • pregnancy or maternity
  • religion
  • sexual orientation
  • social and health inequalities
  • physical attributes
  • personality clashes

This list is not intended to be exhaustive.

Harassment also includes the following:

  • harassment based on association. It is unlawful to discriminate against or harass any individual for association with another individual who has a protected characteristic (other than marriage and civil partnership, and (according to guidance from the government and ACAS) pregnancy and maternity). For example, if an employer denies an employee a promotion because they are taking care of a disabled relative and the employer thinks that the employee will not have any time for new duties, this would amount to associative discrimination as disability is one of the specified protected characteristics. Similarly, if an employer harasses an employee because their sibling is gay, this would be unlawful as associative harassment as sexual orientation is another of the protected characteristics.
  • harassment based on a perception. It is unlawful to discriminate against or harass any individual based on a perception that someone has a particular protected characteristic (other than marriage and civil partnership, and pregnancy and maternity) when they, in fact, have the protected characteristic. For example, an employee may look much older than their age. If the organisation does not allow them to make presentations to clients because their line manager thinks that they are too old, the employee has been discriminated against because of a perception of the protected characteristic of age, even though they may be relatively young. Similarly, if an employee is called names and made fun of because of their colleagues believes that they are transsexual, they may have a claim for perceptive harassment related to the protected characteristic of gender reassignment, even though they are not transsexual.

7 Resolution

There will be occasions where it is not possible to maintain a positive working environment, this could be a purposeful act or by accident whereby the person creating the negative behaviour may not be aware of it. This behaviour breaches this policy and should be addressed; however it is in the best interest of all parties concerned if this can be dealt with informally (see section 7.1). The trust will only consider concerns under the formal procedure where informal action has been unsuccessful or where there has been a significant breach of this policy.

All allegations of bullying and or harassment will be dealt with seriously, swiftly and sensitively, with due regard to the rights of all parties involved. It is important to note that it may not always be the case that working relationships will be resolved and colleagues may wish to have or remain with differing views in regard to a situation which has occurred. However, they must have had the opportunity to share their feelings or views either during the informal and or formal procedure(s) and the trust must do all it can to support all parties, in order to move forward.

7.1 Informal procedure

The trust would always advocate try to resolve issues on an informal basis wherever possible. There are a number of different options open to an employee who feels they have been bullied or harassed by a colleague, subordinate, supervisor or manager. It is for the employee to decide the best course of action to take.

An employee who feels bullied or harassed should in the first instance tell the individual responsible that their behaviour is unwelcome, that it is causing them distress and to ask them to stop. The individual may be unaware of the effect of their actions and an informal discussion can lead to greater understanding and an agreement that the behaviour will cease. The employee may wish to ask a colleague to be present when they speak to the person concerned. Alternatively, they may find it easier to write to them. If the bullying or harassment continues, or if the employee is unwilling or unable, for whatever reason, to confront the person directly, they may seek support from their line manager if this is not appropriate, this can also be raised with the following:

  • FTSU guardian
  • FTSU champion
  • People Experience team
  • staff side or trade union colleagues

It is really important to seek help with the issue immediately to facilitate the appropriate action to take place and a resolution can be identified.

Once the concerns have been raised, an informal meeting will take place with the line manager (where appropriate) to meet to discuss the issue in detail and identify the most suitable route for resolution. Employees can be accompanied to the meeting by their chosen companion as defined in section 8. The meeting should take place as soon as possible, but no later than 5 working days of the concern being raised in the first instance. The discussion should be documented using the template at appendix B which should clearly outline the concern, the agreed resolution and should be signed by the employee and line manager. It may also be appropriate to agree a date in which the employee and line manager may wish to meet again to review progress.

An acceptable resolution can differ depending on the situation, but examples include the following,

  • line manager agrees to observe the interactions between the parties involved and provide relevant feedback as appropriate to gain further understanding of the issues
  • line manager or another appropriate person facilitates an informal meeting between the employees involved to agree a positive way of working professionally together moving forward
  • informal discussion with all colleagues in the department which should be done sensitively and without breaching confidentiality
  • the line manager recommends that mediation is explored between the parties involved (see appendix E)
  • coaching and other development tools
  • line manager may decide if it is appropriate to refer the matter to the personal responsibility framework (PRF) based on the tangible evidence available

This list is not intended to be exhaustive and other alternative resolutions may be explored.

The ultimate aim of the meeting is to support the employee to resolve the concerns without the need to invoke a formal process. Should the informal process be unsuccessful, this does not prevent the matter being taken through the formal process at a later stage. There may be exceptional circumstances where the concerns raised are so significant that the formal process needs to be invoked immediately. This should only take place following discussion with the People Experience team.

7.2 Formal procedure

The trust encourages and promotes early resolution of issues which have occurred in respect of working relationships and working environments however, it is also recognised that there are times when a formal approach is necessary and as such, the formal procedure will be invoked. However, this will only take place where informal action has been explored and has been unsuccessful or where there has been a significant breach of this policy and it is felt appropriate to proceed on this basis as highlighted above.

The employee must notify the director of people and organisational development or their representative, in writing, that they wish to make a formal complaint using the template in appendix F which must include what actions, if any, have taken place as part of the informal procedure to address the concerns that have been raised.

Should the decision to progress straight to the formal procedure be identified, this will be escalated to the director of people and organisational development by a member of the People Experience team.

The director of people and organisational development will then write to the employee within 7 working days to confirm the next steps which may include the following,

  • further discussion and or actions to take place as part of the informal procedure
  • a meeting with the individual employee to explore the concerns further
  • request for further information
  • a decision to progress to the formal procedure and an investigating officer appointed to investigate the concerns

This is not an exhaustive list and other resolutions may be considered in conjunction with the employees concerned.

Should the decision be taken to formally investigate the concerns, the employee(s) who is or are the subject of the complaint will be informed by a senior manager in their area of work, or their representative, that a formal complaint has been made.

Consideration will need to be given in relation to appropriate action in order to relieve the stress and pressure on one or both parties and to prevent the risk of further incidents occurring whilst the investigation takes place.

This may include the following:

  • temporarily restricting the duties of both parties
  • rearranging duty rotas or arranging temporary workplace transfers in order to minimise contact between both parties for the duration of the investigation. Due consideration will be given to travel arrangements and working hours
  • arrangements for all parties to ensure that they are fully supported throughout the investigation, this may include counselling, occupational health, employee assistance programme, the support of a mentor or coach. This is not an exhaustive list and the line manager, and the investigating officer must ensure that adequate support arrangements are implemented
  • suspension of the subject of the complaint would be an exceptional step only to be considered in serious cases. Such action will not be prejudicial, but a measure to protect both parties and to establish the facts of the matter without delay. Further guidance is available in the disciplinary policy

A full investigation will be initiated as timely as possible. An appropriate, independent Investigating Officer will be appointed, with consideration given as to whether they require knowledge of the area concerned. As far as reasonably practicable, formal investigations should be completed within 2 months of commencement. However, it is recognised that in some cases the complexities involved may mean this is not achievable. In the event of a formal investigation taking longer than 2 months the investigating officer will be responsible for keeping all parties informed of the delay and anticipated time frame for completion. The complainant and the employee who is the subject of the complaint should be informed of progress at regular intervals (preferably every 4 to 6 weeks).

The investigating officer will seek to establish the facts of the case promptly, before recollections fade, taking account of available evidence and written statements from the complainant and from witnesses. They may also explore the actions taken as part of the informal procedure (as appropriate).

Once the investigation has been completed, the investigating officer will submit their findings and recommendations to the commissioning manager.

If the complaint is found to be unsubstantiated, both the complainant and the subject of the complaint will be informed by the investigating officer in writing that the investigation has been concluded and a summary of the outcomes. The complainant will be the first to be informed of the outcome of the investigation. The outcome and feedback should focus purely on the findings, conclusions, and recommendations in respect of the allegations made by the complainant. They will also be given the opportunity to attend a meeting if they wish to do so with the investigating officer to receive more detailed feedback where available. If a complaint is unsubstantiated, and others have been involved in the investigation, all involved should be supported and receive a debrief (which must not breach confidentiality) and closure following the investigation process where appropriate.

If the complaint is found to be substantiated and disciplinary action is not being recommended, both the complainant and the subject of the complaint will be informed in writing by the investigating officer that the investigation has been concluded and a summary of the findings. The complainant will be the first to be informed of the outcome of the investigation. The outcome and feedback should focus purely on the findings, conclusions, and recommendations in respect of the allegations made by the complainant. They will also be given the opportunity to attend a meeting if they wish to do so with the investigating officer to receive more detailed feedback where available. If others have been involved in the investigation, all involved should be supported and receive a debrief (which must not breach confidentiality) and closure following the investigation process where appropriate.

If the complaint is found to be substantiated and the recommendation is to progress to a disciplinary process, the subject of the complaint will be informed in writing of this by the commissioning manager or their representative as well as the next steps. The disciplinary policy will then be invoked in regard to the disciplinary hearing. If others have been involved in the investigation, all involved should be supported and receive a debrief (which must not breach confidentiality) and closure following the investigation process where appropriate.

If it is considered that the complaint has been made with malicious or frivolous intent, this will be investigated and, if necessary, addressed under the trust’s disciplinary policy.

Any employee who intimidates, victimises or retaliates against either anyone making a complaint or assisting in an investigation or against the subject of a complaint, whether the complaint is found to be substantiated or unsubstantiated, will be dealt with under the trust’s disciplinary policy, as such conduct will be regarded as a serious offence.

For further guidance refer to appendix C.

8 Right of representation

At all stages of the procedure the employee is entitled to be accompanied by a companion. The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union and can be contacted through their trade union website.

9 Support mechanism

Taking care of and valuing our staff is at the heart of our ambition to make the NHS the best place to work. Creating a healthy, inclusive and compassionate culture is paramount to delivering the care patients expect.

It is not acceptable that our NHS people experience any form of discrimination from other employees, patients or the public at work. The NHS England , We are the NHS, people plan for 2020 to 2021, action for us all sets out what colleagues can expect from the NHS as a modern employer and as a trust RDaSH fully commits to these principles.

The trust is committed to achieving informal resolution of concerns raised under this policy wherever possible. It is acknowledged that it can be extremely stressful for any employees involved in this process and the trust has a number of support systems which are in place as follows,

  • occupational health
  • 24 hour employee assistance programme
  • People Experience team
  • Staff side or trade union colleagues
  • FTSU champions
  • FTSU guardian
  • increased supervision
  • respect, civility and resolution toolkit

10 Legislative framework

There are legislative frameworks in place which seek to eliminate discrimination.

The Equality Act 2010 covers the same groups that were protected by existing equality legislation,

  • age
  • disability
  • gender reassignment
  • race
  • religion or belief
  • sex
  • sexual orientation
  • marriage and civil partnership
  • pregnancy and maternity

but extends some protections to groups not previously covered, and also strengthens particular aspects of equality law.

The Protection from Harassment Act 1997 prohibits the pursuit of a ‘course of conduct which amounts to harassment of another’.

11 Training implications

11.1 Managers

  • How often should this be undertaken: On revision of the policy.
  • Delivery method: Daily communications and directorate care group meetings.
  • Training delivered by whom: People Experience team through the communications department and via managers for newly appointed employees.

11.2 Employees

  • How often should this be undertaken: Introduction of the policy from the previous protocol document and on revision of the policy or new appointment or promotion.
  • Delivery method: Local induction and team meetings.
  • Training delivered by whom: Managers.

11.3 Staff side or trade unions

  • How often should this be undertaken: Introduction of the policy from the previous protocol document and on revision of the policy or new appointment and promotion.
  • Delivery method: Through policy forum and trust staff council.
  • Training delivered by whom: People Experience team.

As a trust policy, all staff need to be aware of the key points that the policy covers. Staff can be made aware through a variety of means such as,

  • all user emails for urgent messages
  • one to one meetings and supervision
  • continuous professional development sessions
  • posters
  • daily email (sent Monday to Friday)
  • practice development days
  • group supervision
  • special meetings
  • intranet
  • team meetings
  • local induction

12 Monitoring arrangements

12.1 Duties under this policy

  • How: Staff survey analysis.
  • Who by: People Experience team.
  • Reported to: The POD committee.
  • Frequency: Annually.

12.2 Statement by the Organisation that harassment and bullying are not acceptable

  • How: Existence of the policy.
  • Who by: People Experience team.
  • Reported to: The POD committee.
  • Frequency: Annually.

12.3 What should be done once a concern has been raised

  • How: Investigate the concern, review of HR data such as the number of complaints raised in relation to the policy, communicate any lessons learnt.
  • Who by: People Experience team.
  • Reported to: The POD committee.
  • Frequency: Annually.

13 Equality impact assessment screening

To access the equality impact assessment for this policy, please see the overarching equality impact assessment.

13.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).

13.1.1 How this will be met

Policy does not relate to patients.

13.2 Mental Capacity Act

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals capacity to participate in the decision making process. Consequently, no intervention should be carried out without either the individuals informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all employees working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the interests of an individual whose capacity is in question can continue to make as many decisions for themselves as possible.

13.2.1 How this will be met

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).

15 References

16 Appendices

16.1 Appendix A Freedom to speak up guardian and champions contact details

16.1.1 Nomalanga Makhanda, Freedom to Speak Up Guardian

16.1.2 Nicola McIntosh, Corporate Services

16.1.3 Amanda Ambler, Corporate Services

16.1.4 Niall Finn, Corporate Services

16.1.5 Carlene Holden, Corporate Services

16.1.6 Robert Maginnis, Corporate Services

16.1.7 Nicola Wilkinson, Corporate Services

16.1.8 Kim Goddard, Corporate Services

16.1.9 Jennie Pearce, Corporate Services

16.1.10 June Rutherford, Corporate Services

16.1.11 Dr Jude Graham, Corporate Services

16.1.12 Jason Roddam, Doncaster Care Group

16.1.13 Takunda Zizhou, Doncaster Care Group

16.1.14 Laura Clarke, Doncaster Care Group

16.1.15 Sarah Pinder, Doncaster Care Group

16.1.16 Sarah Persad-Collen, Doncaster Care Group

16.1.17 Lisa Grandcourt, Estates and Facilities

16.1.18 Ian Higgins, Estates and Facilities

16.1.19 Lisa Barker, Rotherham Care Group

16.1.20 Matt Ellis, Rotherham Care Group

16.1.21 Dr Anne Wisdom, Rotherham Care Group

16.1.22 Craig Wilcox, Rotherham Care Group

16.1.23 Charlotte Jubber, North Lincolnshire Care Group

16.1.24 Kreshma Robinson, North Lincolnshire Care Group

16.1.25 Joanne Shearman, North Lincolnshire Care Group

16.1.26 Nicola Dyke, Children’s Care Group

16.1.27 Joanne Rimmington, Children’s Care Group

16.1.28 Jan Greaves, Children’s Care Group

16.1.29 Rebecca Snape, Children’s Care Group

16.1.30 Mary Cooper, Children’s Care Group Doncaster

16.2 Appendix B Informal resolution meeting template

16.3 Appendix C Procedure flowchart

16.4 Appendix D Values and behaviour framework

16.4.1 Passionate

  • We work hard to deliver a quality service.
  • We are determined to do what’s right for people.
  • We are positive in all that we do.
  • We endeavour to be our best through personal development.
  • We do our best to make a positive difference to people.

16.4.2 Reliable

  • We follow through on what we say we will do.
  • We take responsibility for things we can do something about.
  • We take ownership to know and follow best practice.
  • We are accessible whenever possible.
  • We turn up on time and complete tasks in the time agreed.

16.4.3 Caring and safe

  • We promote equality, diversity and inclusion.
  • We take a person-centred approach.
  • We take time to listen with empathy and compassion.
  • We introduce ourselves.
  • We make sure we keep people safe and speak up when something is wrong.

16.4.4 Open

  • We include people in the decisions that affect them and keep them informed.
  • We give and receive purposeful feedback.
  • We acknowledge our own biases and learn from others perspectives.
  • We celebrate our successes and learn together from our mistakes.
  • We are honest and accountable taking responsibility for our actions.

16.4.5 Supportive

  • We encourage good physical and mental health including promoting a healthy work life balance.
  • We appreciate and respect other people’s input and ideas.
  • We value our patients, their families, their carers and each other.
  • We work together as #onerdash team.
  • We help each other to do the best job we can.

16.4.6 Progressive

  • We work together for continuous improvement.
  • We seek out and share information, knowledge, and experiences.
  • We are adaptable and flexible- open to innovation and change.
  • We strive for excellence through identifying and testing new ways of working.
  • We take responsibility to share and learn from and about each other.

16.5 Appendix E Meditation

Mediation is an informal confidential process where a neutral person, the mediator, who is trained and accredited, works with people who have a disagreement to help them explore the issue and helps them both to find a resolution to the issues in the hope that they reach an agreement that will improve the situation. The discussion is confidential and voluntary.

Most kinds of dispute can be mediated provided that those involved want to find a way forward. It can be used at any stage in a dispute but is often most effective if used during the informal procedure.

The mediator will usually start by talking to each of the people involved in the disagreement separately. If the mediator feels the situation can be mediated, then a joint meeting will be arranged to allow both employees to talk to each other which will be held in a neutral, protected environment. Ground rules will be set to allow both parties to share their views and perspectives and to support reaching some common ground and actions to move the situation forward.

The mediator will not tell the individuals involved what to do or give solutions to the perceived problems but will support the employees to find this between themselves.

The process of mediation is about hearing things from each other’s viewpoint in a safe and confidential environment, with the hope that both people agree how to interact with each moving forward.

Mediation is an informal confidential process, and no outcome letters are given from this. Information will only be shared outside of the mediation process with the consent of the employees involved. Employees may agree to a written mediation contract which documents the commitments and agreements which each party has made. This will only be provided to individuals outside of the mediation session, such as the line manager, with the explicit consent from both parties and can be helpful to aid future support.

All employees have access to the mediation service with the aim to de-escalate potential or actual conflict at the earliest point possible saving time, expense and unnecessary stress. Information on the trust’s mediation service can be also be located on the intranet.

16.6 Appendix F Formal resolution request template

Document control

  • Version: 8.2.
  • Unique reference number: 246.
  • Date approved: 8 January 2024.
  • Approved by: Corporate policy approval group.
  • Name of originator or author: Senior HR advisor and HR team manager.
  • Name of responsible individual: Executive director of people and organisational development.
  • Date issued: 10 January 2024.
  • Review date: June 2024.
  • Target audience: All employees of the trust.

Page last reviewed: April 30, 2024
Next review due: April 30, 2025

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