Policy on
Harassment
Issue Date: 1 April 2007
HR 07/011
POLICY ON HARASSMENT
This policy transferred to the Western Health and Social Care Trust on 1 April 2007,
hereafter referred to as the Trust. The Trust affirms its full support for the principle of
a working environment free from harassment, intimidation or victimisation. The Trust
is determined that everything possible wil be done to ensure its full and effective
implementation.
This policy has been drawn up and wil be reviewed in consultation with Trade
Unions, Staff Organisations, and Equality Commission. The Trust recognises the
support of the Trade Unions and Staff Organisations for the principle of equality of
opportunity and their commitment to the content and implementation of this policy
statement.
Policy on Harassment – 1 April 2007
1
WESTERN HEALTH AND SOCIAL CARE TRUST
POLICY ON HARASSMENT
This policy statement explains the Trust’s position on harassment at work and
provides information to staff on what they should do if they feel they are being
harassed or receive a complaint of harassment. The policy has been introduced
after taking account of the Sex Discrimination and Fair Employment Legislation, the
European Recommendation on the Protection of the Dignity of Women and Men at
Work, the Disability Discrimination, and Race Relations (N.I) Legislation.
1
INTRODUCTION
1.1
It is the policy of the Trust to make every effort to provide a neutral working
environment free of harassment and to ensure that employees understand
they have the right not to be harassed at work. This includes an employees
right to complain should harassment occur. The Trust recognises that
harassment can adversely affect an employee's work and undertakes to
investigate complaints quickly, seriously and in confidence.
1.2
Harassment is unacceptable behaviour and all employees are expected to
comply with this policy. Failure to do so wil result in disciplinary action
including dismissal, where appropriate. In particular circumstances,
harassment wil
constitute unlawful discrimination under the Fair Employment,
Sex Discrimination, Disability Discrimination, or Race Relations legislation.
Policy on Harassment – 1 April 2007
2
2
WHAT IS HARASSMENT?
2.1
In the context of this policy, harassment means any behaviour deliberate or
otherwise, which is offensive to an individual or group and which may threaten
an individual or create an intimidating work environment. Intimidation is any
behaviour which inspires fear or apprehension in an individual.
2.2
The policy also applies where an employee is victimised where he/ she has
made a complaint relating to harassment.
2.3
Harassment takes many forms, occurs on a variety of grounds and may be
directed at an individual or group. Harassment should be distinguished from
normal social interaction at work involving mutually acceptable behaviour.
Behaviour becomes unacceptable if it is unwanted, unreasonable and
offensive to the recipient. A range of behaviour may be considered as
harassment and each individual wil determine what behaviour is acceptable
and what they regard as offensive. It is not the motive of the perpetrator(s)
but the act and its impact on the recipient which determine whether the
behaviour is a form of harassment.
2.4
One of the main purposes of this policy statement is to draw attention to the
various grounds of harassment, including treating a person less favourably
because of their:-
gender
Marital Status
perceived religious affiliation
political opinion
race
ethnic origin
disabilities
age
sexual orientation
membership, or non-membership of a trade union
wil ingness to assist a person who has claimed that they have been
harassed.
real or suspected infection by disease
This is not an exhaustive list and in all cases should be examined in context.
A person may also experience harassment through bullying in the workplace.
Policy on Harassment – 1 April 2007
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3
SEXUAL HARASSMENT
3.1 Sexual harassment is any unwanted conduct of a sexual nature or other
conduct based on sex which affects the dignity of women and men at work. It
may involve:-
a)
Unwanted sexual advances of a physical or verbal or non verbal
nature.
b)
Sexually explicit or derogatory comments or sexually discriminating
remarks.
c)
Sex based conduct which denigrates, ridicules or is intimidatory or
abusive of an employee.
This type of conduct is offensive to the individual causing her/him to feel
uneasy, harassed, threatened or humiliated and has adverse consequences
for the individual's work performance and creates a hostile or humiliating work
environment.
3.2
Sexual attention becomes sexual harassment if it persists once it has been
made clear that it is regarded as offensive. Generally it is gender based
behaviour which is repeated although a single serious incident can constitute
sexual harassment. It is for the individual to determine what behaviour is
acceptable and what they regard as offensive. Some further examples are:-
-
unwanted physical contact/unnecessary touching or physical assault
-
compromising invitations
-
suggestive insensitive jokes or pranks carried too far
-
suggestive innuendoes or lewd comments
-
display of pornographic or sexually suggestive pictures, objects or
written materials
-
sexually suggestive gestures, derogatory or degrading abuse or insults
-
offensive comments about appearance or dress
- isolation or exclusion at work
This is not an exhaustive list and all cases should be examined in context.
3.3
The Trust recognises it’s responsibilities as an employer in relation to Sexual
harassment.
Sexual harassment may however constitute Sex Discrimination
and under Article 43(2) of the Sex Discrimination (NI) Order 1976 an
employee may be individually liable where he/she commits an unlawful act of
discrimination.
Policy on Harassment – 1 April 2007
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4
SECTARIAN HARASSMENT
4.1 Sectarian harassment may occur when the working environment and the
attitudes or actions of co-workers or management deliberately or otherwise
make a worker feel unwelcome or threatened because of the section of the
community from which he/she is perceived to come from. Workers can suffer
harassment from co-workers with similar religious beliefs or political opinions.
4.2 Although it may involve the overt use of power or violence which may
constitute a criminal offence, harassment can also take more subtle forms
e.g.
-
unauthorised display or failure to remove unauthorised flags, bunting,
graffiti, posters or other emblems which clearly seek to define a
workplace as the territory of one section of the community;
-
circulating or failing to prohibit the circulation of offensive material of a
sectarian or political nature;
-
exerting or condoning pressure, whether overtly or not, on workers to
subscribe to collections for sectarian or paramilitary causes;
-
interfering with another worker's property;
-
singing sectarian songs or making sectarian remarks;
-
isolation or exclusion at work
-
generally engaging in any activity which is intended or has the effect of
making a person feel unwelcome or threatened because of their
religion or political opinion.
This is not an exhaustive list and all cases should be examined in context.
4.3
Under the 1989 Fair Employment (NI) Act, not only wil employers be liable,
but individual workers who engage in sectarian harassment may be made
legally responsible, where the employer shows that he/she has taken
reasonable steps to prevent or eliminate harassment caused by co-workers.
Policy on Harassment – 1 April 2007
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5
RACIAL HARASSMENT
5.1
Harassing a person on account of his / her race or ethnic origin is likely to
amount to unlawful discrimination under the Race Relations (N.I.) Order 1997.
5.2
Examples of racial harassment could include:
-
Failure to remove unauthorised graffiti, posters, or other emblems which
clearly seek to define a workplace as belonging to one racial or ethnic
group.
-
circulating or failing to prohibit the circulation of offensive material of a
racist nature.
-
exerting or condoning pressure whether overtly, or not, on workers to
subscribe to racist causes.
-
interfering with another workers property.
-
singing racist songs or making racist remarks.
-
isolation or exclusion at work
-
generally engaging in any activity which is intended to, or has the effect of
making a person feel unwelcome because of their race or ethnic origin.
This is not an exhaustive list and all cases should be examined in context.
5.3
Under the Race Relations (N.I.) Order 1997, an employee may be individually
liable where he/she commits an unlawful act of discrimination.
Policy on Harassment – 1 April 2007
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6
DISABILITY HARASSMENT
6.1
Harassing a disabled person on account of a disability is likely to amount to
less favourable treatment and also to a “detriment” under the Disability
Discrimination Act 1995, and could amount to unlawful discrimination.
6.2
Examples of harassment could include :
-
adverse criticism over performance
-
subjecting an individual to humiliation or ridicule
-
shouting or using abusive language
-
constantly undermining effort, competence or confidence
-
physical violence
-
interfering with another workers property
-
isolation or exclusion at work
-
generally engaging in any activity which is intended or has the effect of
making a person feel unwelcome or threatened because of their disability
This is not an exhaustive list and all cases should be examined in context.
6.3
An employee may be individually liable where he/she commits an unlawful act
of discrimination.
Policy on Harassment – 1 April 2007
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7
BULLYING AT WORK
7.1
A bully may be described as a person who hurts, persecutes, or intimidates
other people. Bullying someone at work is unacceptable behaviour and
should not be tolerated in the workplace. In particular circumstances, bullying
may be unlawful under the Fair Employment, Sex Discrimination, Disability
Discrimination or Race Relations Legislation.
7.2
Examples of bullying at work could be:
-
subjecting an individual to humiliation or ridicule
-
Inappropriate shouting or using abusive language
-
spreading malicious rumours
-
constantly undermining effort, competence or confidence
-
persistent adverse criticism
-
isolation or exclusion at work
-
intimidating body language or physical behaviour
This is not an exhaustive list and all cases should be examined in context.
Policy on Harassment – 1 April 2007
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8
COMMUNICATION
8.1
This policy wil be communicated to all employees so that they:-
-
understand the Trust’s commitment to eliminating harassment at work;
-
are aware of where they may obtain the names of designated officers
who wil have access to names of organisations that may provide
counselling.
-
know how to make complaints and are confident that these wil be
handled effectively.
Copies of the policy are available from the Personnel Department.
9
ROLE AND RESPONSIBILITIES OF EMPLOYEES AND MANAGERS
9.1
The Trust fully recognises the right of employees to complain about
harassment should it occur. It has developed a procedure through which
employees can confidentially raise complaints relating to harassment. This
procedure has been agreed with the recognised Trade Unions. A copy is
included in this Policy Statement.
9.2
The procedure does not replace or prejudice the rights of employees to
pursue a complaint under the appropriate legislation. A complaint to the Fair
Employment Tribunal or an Industrial Tribunal must be lodged within 3
months from the date when the complainant first knew, or might reasonably
be expected to have first known, of the act of discrimination or within 6
months from the date when the act occurred, which ever is the earlier.
9.3
Every effort wil be made to ensure that employees making complaints wil not
be victimised. Victimisation constitutes discrimination contrary to Sex
Discrimination, Fair Employment, Disability Discrimination and Race Relations
legislation. Any complaint of victimisation wil be dealt with promptly, seriously
and in complete confidence. Victimisation wil result in disciplinary action and
may warrant dismissal.
Policy on Harassment – 1 April 2007
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RESPONSIBILITIES
9.4
Employees
Al employees have a responsibility to help to ensure a working environment
in which the dignity of employees is respected. They should be aware of the
serious and genuine problems which harassment can cause, and ensure that
their behaviour is beyond question and could not be considered in any way to
be harassment. They should alert management to any incident of
harassment to enable the Trust to deal with the matter in line with the Policy
and Procedure. They should also provide support to colleagues who are
being harassed, by encouraging them to follow the agreed Procedure for
making complaints.
9.5
Managers/Supervisors
Managers and Supervisors have a responsibility to ensure that harassment
does not occur, particularly in work areas for which they are responsible.
Managers and/or Supervisors are responsible for any incidents of harassment
of which they are aware or ought to be aware. In all cases they must ensure
that appropriate action is taken.
Managers and Supervisors also have a responsibility to explain the Policy and
Procedure to their staff and take steps to positively promote it. They wil be
responsive and supportive to any member of staff who complains about
harassment, provide full and clear advice on the procedure to be adopted,
and ensure that there is no victimisation.
9.6
The Trust
The Trust wil designate individuals to provide advice and assistance to
employees who are subject to harassment. The names of individuals who
have been designated as advisors wil be made available at Personnel. The
Trust wil seek to ensure that employees are, given the opportunity, to raise
their complaint with someone of their choice. (See procedure for making
complaints para 1.3)
Designated Officers wil receive appropriate training in the best means of
resolving problems and details of the Trust policy and procedure to enable
them to perform their role effectively. Al other employees wil be made fully
aware of this Policy and Procedure for dealing with harassment in the
workplace.
Policy on Harassment – 1 April 2007 10
10 HARASSMENT OF STAFF BY EMPLOYEES OF OTHER
ORGANISATIONS
10.1 Where an employee has been harassed by an employee from another
organisation, they should firstly contact their line manager.
10.2 The line Manager
should seek advice from the Personnel Manager in order to
progress the complaint.
10.3 The manager, in conjunction with the Personnel Manager should agree who
wil act as “liaison officer” to bring the complaint to the attention of the
appropriate officer in the other organisation. A “liaison officer” in that
organisation should also be identified.
10.4 Through the work of the two “liaison officers”, it may be possible to resolve the
matter informally. If this is not possible it may be necessary to deal with the
matter on a formal basis.
10.5 If the matter is dealt with on a formal basis, an investigation should be carried
out and employees wil be expected to co-operate. The Trust wil make
every effort to co-operate with the other employers procedures if appropriate.
Where the other employer does not have a clear procedure the Trust wil
make every effort to encourage compliance with this Policy Document
11. HARASSMENT OF EMPLOYEES OF OTHER ORGANISATIONS BY
TRUST STAFF
11.1 Where a manager within the Trust becomes aware that an allegation of
harassment has been made against a member of the Trust’s staff by an
employee of another organisation, a Personnel Manager should be contacted.
11.2 The Personnel Manager wil bring the complaint to the attention of an
appropriate officer in the other organisation and wil liaise with that officer
throughout the process.
11.3 The Trust’s Policy on Harassment wil be followed and there wil be close
liaison between the two organisations. The Trust wil make provision
for the other employer to participate in the process.
Policy on Harassment – 1 April 2007 11
12
HARASSMENT INVOLVING PATIENTS, CLIENTS OR MEMBERS OF
THE PUBLIC
12.1 Any employee seeing a patient or client being harassed has an obligation to
report the matter immediately.
12.2 Harassment of staff by patients, clients or members of the public is
unacceptable and should not be tolerated in the workplace. An employee
who is harassed should contact their appropriate line manager for support
and guidance.
12.3 Where appropriate, arrangements may be made to ensure that circumstances
do not favour recurrence of unacceptable behaviour, for example:-
(a)
the manager should bring the situation to the attention of the person
who is allegedly committing the harassment;
(b) the manager should clarify with the alleged harasser what is
acceptable and unacceptable behaviour;
(c)
the individual being harassed may with their agreement be moved
without detriment;
(d)
working arrangements may be changed;
(e)
the manager has a duty to continually monitor the situation in order to
prevent a reoccurrence
13 MONITORING
13.1 Formal complaints must be monitored to identify any problem areas and to
ensure they are effectively resolved and that no victimisation or retaliation
occurs.
Policy on Harassment – 1 April 2007 12
PROCEDURE FOR MAKING COMPLAINTS
The Trust wil make every effort to ensure that complaints are handled as soon as
practicable
1.1
Informal
Action
Initially, many people may prefer to attempt to resolve harassment by informal
means and this may be more appropriate where the offender is a co-worker
and where the offending behaviour is of a comparatively low level of severity
to the complainant. It should be noted that an individual is not obliged to try
to resolve the matter informally and may take formal action as provided in
para 1.4.
1.2
If this is an appropriate first response then the individual who believes they
have been harassed should ask the person responsible to stop the offending
behaviour. Such a request should be polite but firm.
1.3
An individual may wish to seek advice or support in their informal attempts to
resolve the situation. This may be sought from a trusted work colleague, a
line manager, a trade union representative or
an officer designated by the
Employing Authority to assist individuals who believe they have been
harassed. The designated officer wil act in a confidential manner and their
sole responsibility wil be to:-
a)
listen to what has happened;
b)
draw the person's attention to further informal or formal courses of
action open to them;
c)
assist the individual to make a formal complaint if they so wish;
d)
assist the individual to make an approach to the person responsible for
the offending behaviour.
If the action has failed to resolve the matter to the complainants satisfaction, it
may be raised on a formal basis.
The names of the designated officers in the employing authority are available
from the personnel department.
Policy on Harassment – 1 April 2007 13
The grievance procedure is not appropriate to deal with complaints of harassment
and the following procedure wil apply:
1.4
Formal
Action
A formal complaint, could be raised through any of the following:-
a)
a designated officer
OR
b)
a Personnel Manager
OR
c)
their line manager (except where he/she is the subject of the complaint
or is involved in some way in the allegations);
OR
d)
a trade union or staff representative.
who should refer to the appropriate guidelines available from Personnel.
1.5
Although this is a formal procedure, the possibility of mutual resolution should
not be ruled out at any stage. The Trust may however take whatever action it
feels is appropriate having received the report fom the Investigating Officers.
1.6 Employees are advised to make written notes detailing incidents of
harassment.
1.7 The Trust wil , through the appropriate Personnel Manager, appoint
investigating officers to establish the facts of the allegation and decide how
the matter may be resolved. The Personnel Manager wil be mindful of the
nature of the complaint in deciding the membership of the Investigating
Team. These officers wil not be connected in any way with the allegation
and wil , where possible, have had no previous involvement with the case. A
Manager from the alleged harasser’s department wil , where possible, be one
of the investigating team members. The investigation wil be objective and
wil be carried out with sensitivity and due respect for the rights of both the
complainant and alleged harasser. Every effort wil be made to carry out the
investigation within 30 working days of the receipt of the formal complaint.
Where this is not practicable the complaint and the alleged harasser wil be
advised.
1.8
The Personnel Manager should advise the Equal Opportunities Officer that a
formal complaint has been made.
1.9 Nothing in this document should be construed as seeking to remove any
person's legal rights. The Equal Opportunities Commission for Northern
Ireland, the Fair Employment Commission, and the Commission for Racial
Equality for Northern Ireland may assist individuals with complaints of sexual,
sectarian and racial harassment respectively. Individuals should check with
the statutory agencies regarding time limits under which complaints should be
brought.
Policy on Harassment – 1 April 2007 14
1.10 Complainants and alleged harassers attending investigatory meetings have
the right to be accompanied and/or represented by another member of staff
or recognised trade union representative. Particular care wil be taken to
advise complainants and alleged harassers about the availability of
counselling etc. to support them through the situation in which they find
themselves. This assistance is available through designated officers, trade
unions and professional associations.
1.11 Investigating officers wil advise complainants and alleged harassers of the
procedure involved in the investigation.
1.12 Every effort wil be made to ensure that employees making complaints wil not
be victimised. Any complaint of victimisation wil be dealt with promptly,
seriously and in confidence. Victimisation in particular instances, constitutes
discrimination contrary to the Sex Discrimination (NI) Order 1976 the Fair
Employment (NI) Act 1976, Disability Discrimination Act 1995, and the Race
Relation (N.I.) Order 1997. Where victimisation has been established, it wil
result in disciplinary action and may warrant dismissal.
1.13 Generally the decision to progress a complaint rests with the individual
making the complaint. However there may be situations in which that
principle has to be balanced against the employer's legal obligations and their
responsibility to ensure the general welfare of employees particularly where
serious complaints are made.
1.14 An employee accused of harassment and who is the subject of an
investigation wil be informed of the allegations and wil be given the
opportunity to answer the complaint.
1.15 Al parties involved with the investigation wil be advised of the need for strict
confidentiality at all times.
1.16 Consideration should be given to a precautionary suspension on full normal
pay of an individual against whom a complaint of harassment has been made
to enable investigations to proceed smoothly. An individual who is going to
be suspended should be advised of the reason for the suspension and
advised to refrain from contacting the complainant during the suspension.
Intimidation or harassment may result in disciplinary action being taken which
could warrant dismissal.
1.17 Where the alleged harasser’s Manager is a member of the investigating team,
a report should be prepared with conclusions, recommendations and a
decision on what further action, if any, should be taken e.g. disciplinary
proceedings.
Where it has not been possible for the alleged harasser’s Manager to be a
member of the investigating team, a Report should be prepared with
conclusions and recommendations on the way forward. This report should be
submitted for consideration by a more Senior Manager in the alleged
harasser’s Department who wil decide what further action, if any, should be
taken e.g. disciplinary proceedings.
Policy on Harassment – 1 April 2007 15
At any stage of the process, advice may be obtained from the appropriate
Personnel Manager.
The individual making the complaint and the alleged harasser wil be advised
of any further action being taken.
1.18 Complainants and alleged harassers attending disciplinary hearings and
appeal panels have the right to be accompanied and/or represented by a
recognised trade union representative. In making the arrangements for the
disciplinary hearing reasonable consideration should be given to the feelings
and sensitivities of either party.
1.19 Where it is considered that the parties should be separated either before or
after an investigation, decisions must be based on preserving the best
interest of employees and to stop victimisation. In cases where a complaint is
upheld wherever practicable, consideration wil be given to the complainants
wishes to decide if they want to stay or leave the department. In these
circumstances, every effort wil be made to ensure the complainant is not
disadvantaged.
1.20 Al records relating to the investigation process should be retained by the
Personnel Department for a period of not less than two years in a separate
confidential filing system.
1.21 If it is established that an incident has occurred but the matter is not serious
enough to warrant formal disciplinary action in the first instance, the individual
concerned may be counselled or informally warned and advised that further
behaviour of this nature wil lead to formal disciplinary action.
1.22 Members of staff who believe that they have been harassed and are not
satisfied that their complaint has been treated seriously in accordance with
this policy, have the opportunity of having their case reviewed by writing to
the Chief Executive within seven days of the decision being known, stating
the grounds for their request. The review by the Chief Executive wil be
carried out as soon as possible and a written response given as soon as
practicable. This review concludes the complaints procedure under the Policy
on Harassment.
Further information may be obtained from the
*** Personnel Department ***
Policy on Harassment – 1 April 2007 16