Staff dignity at work policy and procedure

1. Dignity at work

1.1 The University is committed to ensuring a working environment that is characterised by equality, diversity and mutual respect where everyone can contribute to the University’s success and realise their potential.

1.2 The University considers bullying and harassment is unacceptable behaviour in the workplace. Such behaviour reduces the contribution of those affected, reduces the morale and commitment of all who encounter it, prevents innovation and debate, and may cause absence from work.

1.3 All staff have a responsibility to ensure that they contribute to the development and maintenance of a positive working environment. The responsibilities of all staff and managers are set out in this policy.

1.4 This policy aims to ensure that no employee or other worker, student, stakeholder or client of the University is subject to any form of harassment or bullying. The policy provides an avenue for members of staff who believe that they have been harassed or bullied to raise a complaint either informally or formally, providing a framework for resolving complaints and for stopping any behaviour that is causing offence or distress.

1.5 The University will treat all complaints of harassment and bullying seriously and will investigate them promptly, efficiently and in confidence. An overview of the procedure which is explained below is set out in Appendix 1.

1.6 The policy has been written in accordance with guidance as set out by ACAS and the Equality and Human Rights Commission (EHRC).

2. Definitions and the law

2.1 For the purposes of this policy, the University has adopted the following definitions:

2.1.1 The Equality Act 2010 defines harassment as unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating and intimidating, hostile, degrading, humiliating or offensive environment for that individual.

2.1.2 Protected characteristics are age, disability, gender reassignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origin), religion or belief, sex, sexual orientation or because someone is married or in a civil partnership.

2.1.3 ACAS defines bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.

2.2 Harassment on grounds of any protected characteristic is unlawful discrimination and serious harassment may be a criminal offence under the Prevention of Harassment Act (1997).

2.3 It is generally unlawful to discriminate directly or indirectly, harass or victimise a member of the public (this includes other staff members, colleagues, stakeholders, students and clients including third party service providers) based on any of the protected characteristics in the provision of goods and services.

2.4 Conduct may be bullying and/or harassment whether or not the person behaving in that way intends to offend. Something intended as a "joke" may offend another person. Behaviour that reasonable people would realise would be likely to offend will be bullying and/or harassment without the recipients having to make it clear in advance that behaviour of that type is not acceptable to them. Where it is not so clear in advance, first-time conduct that unintentionally causes offence will not be bullying and/or harassment. It will however become harassment or bullying if the conduct continues after the recipients have made it clear, by words or conduct, that such behaviour is unacceptable to them.

2.5 Acts of discrimination, harassment, bullying or victimisation against employees or stakeholders are disciplinary offences and will be dealt with using the University's staff disciplinary policy and procedure. Conduct of this type will often be regarded as gross misconduct which can lead to summary dismissal.

2.6 If it is established that an employee has made a deliberately false or malicious complaint against another person about harassment or bullying, disciplinary action will be taken against that employee.

2.7 For further guidance on the law and dealing with bullying and harassment refer to ACAS guidance on dealing with harassment and bullying.

3. Employee responsibilities

3.1 Every employee is required to assist the University to meet its commitment to ensure an environment of mutual respect.

3.2 Employees are required to behave appropriately and professionally in the workplace. Employees can be held personally liable as well as, or instead of, the University, for any act of harassment which may be considered unlawful discrimination. Serious acts of harassment may also be considered a criminal offence.

3.3 When sending emails or using other electronic messaging or websites, all members of staff should consider the content, language and appropriateness of such communication. Reported online harassment or bullying will be dealt with in the same way in accordance with this policy.

3.4 All employees are required to complete the mandatory e-learning programme on diversity in the workplace and any other equality, diversity and inclusion training provided from time to time.

3.5 Employees who witness an incident that they believe to be the harassment or bullying of another member of staff should if possible, appropriately intervene to stop inappropriate behaviour or conversation. Employees must report the incident in confidence either to their line manager or to their Human Resources Partner. The University will take all such reports seriously and will treat the information in strict confidence as far as it is possible to do so.

4. Manager responsibilities

4.1 Managers should ensure that:

• 4.1.1 there is an appropriate environment in their School/College or department which promotes mutual respect and tolerance;
• 4.1.2 all staff are aware of this policy and appropriate standards of conduct;
• 4.1.3 all staff are appropriately trained;
• 4.1.4 they act quickly and in accordance with this policy, if there are any allegations of bullying or harassment.

4.2 Managers must act to stop incidents of bullying and harassment as soon as they become aware of such behaviour and deal with any reported incidents of bullying or harassment as quickly as possible. All incidents of harassment/bullying should, in any event, be reported to the Human Resources Partner.

4.3 Managers have a duty to consider complaints of harassment or bullying thoroughly and objectively and to take corrective action to ensure that this policy is complied with. In progressing the complaint raised, they should refer to their Human Resources Partner for advice, along with this policy, the grievance policy and the staff disciplinary procedure.

5. Resolving a complaint informally

5.1 Before raising a formal complaint, employees should first of all talk directly and informally to the person whom they believe is bullying or harassing them and explain clearly what aspect of the person's behaviour is unacceptable, or is causing offence and request that it stop.

5.2 It may be that the person whose conduct is causing offence is genuinely unaware that the behaviour is unwelcome or objectionable and that a direct approach can resolve the matter without the need for formal action. Where employees would like support to make such an approach, they may wish to speak to their line manager or Human Resources Partner.

5.3 In most cases when the person is aware of the alleged offending behaviour, a recognition that this behaviour may be unacceptable and an apology towards the person raising the allegation may be an acceptable resolution to the situation.

5.4 The University expects most complaints and concerns to be resolved informally. Where employees do not feel able to speak with their line manager, they may speak with either a more senior manager or their Human Resources Partner who will discuss options for resolving the matter informally.

5.5 In some cases, depending upon the nature of the concern, mediation can help resolve problems especially those involving working relationships. This involves the appointment of a third-party mediator, who will discuss the issues raised by the grievance with all of those involved and seek to facilitate a resolution. The use of mediation will be at the discretion of the University and be considered in appropriate cases.

5.6 The University recognises that resolving such issues can be difficult for all parties involved. Staff are encouraged to access the Employee Assistance Programme (EAP) for support as required, please visit https://wisdom.healthassured.org/login or contact 0800 0305182. The username is UWL and the password is EAP.

6. Raising a complaint formally

6.1 Where genuine attempts to resolve the matter informally have not worked, or if the harassment is of a very serious nature, an employee may raise a formal complaint by using the University’s grievance procedure.

6.2 An employee should put their complaint in writing. In bringing a complaint of harassment or bullying, the employees should be prepared to state:

• the name of the person whose behaviour they believe amounts to harassment or bullying;
• the type of behaviour that is causing offence, together with specific examples if possible;
• dates and times when incidents of harassment or bullying occurred, and where they occurred;
• the names of any employees who witnessed any incidents, or who themselves may have been the victims of harassment or bullying by the same person; and
• any action that the employee has already taken to try to deal with the harassment.

6.3 Depending on the nature of the complaint, further attempts may be made to resolve the matter informally including mediation. However, if the outcome is ineffective, the matter will be dealt with under the formal stages of the grievance procedure.

7. Investigating bullying and harassment

7.1 If the University has grounds to believe that an employee may have been bullying or harassing another employee, whether there has been a formal complaint, the University will instigate an investigation into the alleged bullying or harassment.

7.2 The University reserves the right, at its discretion, to suspend any employee who is under investigation for harassment or bullying for a temporary period whilst investigations are being carried out. Such suspension will be for as short a time as possible and will be on full pay and is not intended to be a sanction. Suspensions will be made in accordance with the staff disciplinary procedures.

7.3 Employees accused of harassment or bullying will be informed of the exact nature of the complaint against them. They will be afforded a full opportunity to put forward an explanation for their behaviour in a confidential meeting, with a companion present if they wish. Employees will not automatically be presumed guilty following an allegation of harassment or bullying against them.

7.4 As soon as possible following the conclusion of the investigation, the University will inform the employee suspected of bullying or harassment as to the outcome.

7.5 The University will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible.

7.6 The University will decide at that point whether it is appropriate to instigate disciplinary action against the employee. Any disciplinary proceedings will, where possible, be conducted by a different manager from the person who conducted the investigation.

8. Complaints resolution

8.1 In circumstances where allegations are substantiated and to progress a resolution, the HR Department may, in conjunction with the School or Department Head, arrange the transfer of the person against whom the allegations were made to a different work area or arrange for the amendment of working practices to minimise future contact between the employees.

8.2 Where employees raising the complaint so wish, their own transfer will also be considered, subject to practical considerations and limitations.

8.3 In situations where training needs are identified during the process, these will be appropriately progressed.

9. Monitoring of the policy

9.1 The policy will be monitored on an annual basis by the Vice Chancellor’s Executive.

9.2 Non-personalised data of different types of complaint and personal absences caused by harassment and bullying will be reported with a view to progressing and promoting the principles contained within the University’s equality and diversity statement. The HR Department will be responsible for the collation and reporting of the information.

10. Review

10.1 This procedure will be reviewed five years from the date of implementation unless there is a need for an earlier review due to statutory changes or organisational need.