Bullying and Harassment (Policy and Procedure) and...Bullying and Harassment (Policy and Procedure) 2019/11/20 Bullying and harassment policy V1.2 Page 6 of 21 5.4 In all of the above

Title Bullying and Harassment (Policy and Procedure)

Author HR Policy (TM)

Document Type Policy and procedure

Effective Date 20/11/2019

Version 1.2

Bullying and Harassment (Policy and Procedure)

Please see full document control sheet on the back page of this document. With effect from 20/11/2019 this policy supersedes the previous Bullying and Harassment Policy (i.e. V1.1)


2019/11/20 Bullying and harassment policy V1.2 Page 2 of 21

Contents Page

Introduction 3

Part One The Policy 3

Section 1 Policy purpose 3

Section 2 Policy scope 3

Section 3 Policy principles 4

Part Two The Procedure 4

Section 4 What is bullying and harassment 4

Section 5 Who can raise a bullying and harassment concern? 5

Section 6 How do I raise a bullying and harassment concern informally? 6

Section 7 Mediation 8

Section 8 Making a formal complaint 9

Section 9 Investigation 11

Section 10 Concerns outcomes 12

Section 11 Appeals 13

Section 12 Support and guidance 14

Section 13 Confidentiality 15

Section 14 Witnessing bullying and harassment 15

Section 15 A concern has been raised about me 16

Section 16 Being accompanied to meetings 16

Section 17 Counter concerns or allegations 17

Section 18 Timescales 17

Section 19 Withdrawal of a concern 18

Section 20 Roles and responsibilities 18

Section 21 Recording, monitoring and review 19

Section 22 Links to other policies 19

Section 23 Flowchart 20



Introduction This document comes in two parts:

Part one sets out the Government of Jersey’s policy and principles in respect of preventing and addressing bullying and harassment in the workplace

Part two sets out the procedure and provides instructions on how to implement the policy. The procedure is intended as guidance only and may change from time to time.

Part one

The Policy

1 Policy purpose 1.1 The purpose of this document is to provide information and guidance to you about the Government of Jersey’s approach to tackling bullying and harassment in the workplace.

1.2 This policy and procedure aims to:

• ensure everyone is treated in a fair and consistent way

• be clearly written and easy to understand

• ensure our compliance with the Employment (Jersey) Law 2003 and Discrimination (Jersey) Law 2013.

2 Policy scope 2.1 This policy applies to all employees, workers and office holders. This includes permanent and temporary employees, or workers and those providing services to the Government of Jersey under a contract.

2.2 The principles of this policy also apply to States Members. Where concerns are raised about a States Member, they will be dealt with by the Commissioner for Standards.

2.3 This policy only covers concerns relating to bullying and harassment and does not cover individual or collective grievances associated to unfair treatment for example, relating to your terms and conditions of employment, when you should refer to the Grievance policy.

3 Policy principles 3.1 In line with the Government of Jersey core values, we understand that our employees are our greatest asset. We strive to create an environment in which everyone is treated with dignity and respect. We do not tolerate bullying or harassment.

3.2 We wish to provide all employees with the confidence to come forward if they are affected by any form of



unacceptable behaviour. If you have a bullying and harassment concern we will encourage you to use the support available to try to resolve it as early as possible, knowing that your concern will be taken seriously, dealt with sensitively and investigated in a fair, independent and confidential way.

3.3 We will not victimise, unfairly treat or discipline you if you raise a genuine bullying or harassment complaint. We will respect and wherever possible, maintain your confidentiality. We will provide a number of internal and external support services to ensure that you feel supported at all stages of your concern.

Part two

The Procedure

4 What is bullying and harassment?

4.1 The Government of Jersey views bullying and harassment as follows: “Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient”.

“Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.

4.2 Harassment is associated with the ‘protected characteristics’ defined under the Discrimination (Jersey) Law 2013 (as amended). The protected relevant characteristics are race, sex, sexual orientation, gender reassignment, pregnancy and maternity, age and disability.

4.3 Examples of bullying and harassment include: (this list is non-exhaustive)

• inappropriate comments about a person’s appearance, personal preferences or choices

• singling one person out or treating them differently to other colleagues

• belittling, demeaning, teasing, patronising, shouting or threatening an individual in front of others or in private

• refusal to acknowledge contributions and achievements

• blocking promotion

• constantly criticising competent staff, removing responsibilities or giving them trivial tasks



• setting a person up to fail by overloading them with work or setting impossible deadlines

• regularly and deliberately ignoring or excluding individuals from work activities

• taking credit for or plagiarising work

• insulting or offensive comments or jokes

• sexual advances, including sending emails or messages with material of a sexual nature.

4.4 Examples of behaviour that are not workplace bullying or harassment, are: (list not exhaustive)

• providing legitimate and constructive feedback about your work performance, or work-related issues

• allocating work, setting reasonable goals, standards and deadlines

• performance management measures, either informal or formal undertaken in a respectful and fair way

• fair and/or equitable management of sickness absence in line with the procedure in the Managing Attendance Policy

• legitimate use of the disciplinary policy, either informal or formal, to address disciplinary issues in the workplace.

4.5 Bullying or harassment can take place face-to-face, behind your back, by telephone, email, text, social media or any other form of communication.

4.6 Bulling or harassment is less about the intention of the person conducting the behaviour and more about how the behaviour is received.

5 Who can raise a bullying and harassment concern?

5.1 All employees, workers and office holders may raise a concern under this policy. This includes permanent and temporary employees or workers and those providing services to the Government of Jersey under a contract.

5.2 Early identification and early intervention in respect of a bullying and harassment concern can really help achieve a swift resolution. We therefore encourage all colleagues to raise a concern, where they experience or notice behaviour which falls below an acceptable standard.

5.3 You may raise a concern in respect of treatment you have received, you may have witnessed the unacceptable treatment of a colleague or as a line manager you may become aware of the behaviour of members of your team falling below expected standards.



5.4 In all of the above examples, we want you to have the confidence to come forward and speak out. In the case of witnessing bullying and harassment, you have a duty to report this behaviour in accordance with this policy. We understand that you may feel worried about getting involved in a situation that does not directly affect you, but we encourage you to raise your concern in order to protect the safety and wellbeing of your colleagues. We will ensure that you are not victimised, unfairly treated or disciplined for raising a genuine concern

6 How do I raise a bullying and harassment concern informally?

6.1 The Government of Jersey encourages all colleagues to try to resolve problems of bullying and harassment informally wherever possible, before using the formal process.

6.2 We recommend that you take a note of any incident and any subsequent informal conversations as soon after they happen as possible as this will help you to remember and communicate your concern.

6.3 It is important to remember that the other person may not be aware of their behaviour and the effect it has on you and/or colleagues. Your informal feedback may give the person a better understanding and the opportunity to stop their behaviour.

6.4 Sometimes colleagues are not aware that their behaviour is unwelcome, and an informal discussion can lead to a greater understanding and an agreement that the behaviour will stop. If you feel able to, in the first instance it is best to speak to the other person to explain the situation and how it made you feel. It can be helpful to describe the day, place, meeting or event that took place so that the other person can be clear about your concerns.

6.5 If you do not feel that you are able to speak to the person yourself, we encourage you to speak to your line manager at the earliest opportunity. If your concern relates to your line manager, you may find it more appropriate to speak to your line manager’s manager or your HR Business Partner.

6.6 You can also raise your concern via a dedicated, 24/7/365 Speak-up Line, provided by Expolink. The speak-up line is completely independent from the Government of Jersey. All of the operatives will be fully trained and able to offer help and guidance as to how you wish to progress your concern.



6.7 There are three ways to contact the speak-up line; by free phone (0800 374 199), via the web at https://wrs.expolink.co.uk/statesofjersey and via your smart phone, search for their Speaking up App and look for this branding (once installed use the access code statesofjersey):

6.8 Once a concern is reported to your line manager, your line manager has a responsibility to initiate a 14-day intervention period, where informal approaches are explored with the aim of resolving the concern as swiftly as possible to the benefit of all those involved. This may include for example facilitating a discussion between both parties (the term both parties here, refers to the person reporting the concern and the person who the concern is about). Whilst it is expected that your line manager will initiate a 14-day intervention period, it is possible that the informal approaches initiated, and successful resolution may take longer than 14 days (particularly in the circumstances listed at 6.9 below).

6.9 We recognise that sometimes due to the working patterns of some individuals/areas (generally those working shifts) or annual leave commitments for example, that it may be difficult for a line manager to initiate/conclude the intervention period within the suggested 14-day timescale. This could be for example because one of the parties is not rostered back on shift for a number of days. You line manager will make every effort to address the concern as soon as individuals are back in the work place.

6.10 There is a strong emphasis in this policy to resolve concerns informally. Therefore, you are expected to be open to any of the informal approaches proposed and to give them a chance to run their course. This gives the best opportunity for a successful outcome for all parties. A request to transfer to the formal process by either party should only be made after the 14-day intervention has been attempted and should be seen as a last resort.

6.11 There may be circumstances where, although an informal approach has led to a successful resolution, the inappropriate behaviour happens again at a later date(s). Subsequently a line manager may find themselves in a situation where they are addressing the same inappropriate

https://wrs.expolink.co.uk/statesofjersey



behaviour multiple times over a longer period of time. In this situation, it may be appropriate to issue an informal warning as described in section 10 of the Disciplinary Policy or to initiate the formal process at section 7 of this policy. Your HR Business Partner or HR Case Management can provide advice and guidance in these circumstances.

Action Points (AP)

Line Managers

AP 6a Your involvement at this early stage could be crucial to a swift resolution as you are likely to be the first port of call for colleagues raising a concern. The concern will remain informal for the first 14 days, therefore, you should act as soon as possible. Make a file note of any meeting you attend in order that you can refer back to what was said and by whom, this should consist only of the key points of discussion and any agreed actions. Ensure that you have a full understanding of the concern, ask questions and repeat back what you have heard to provide the employee with an opportunity to clarify anything you may have misunderstood.

AP 6b As soon as practical, meet with the other party in order to let them know that a concern has been brought to your attention.

AP 6c If the concern progresses to the formal stage, HR Case Management will ask for confirmation of how the informal procedure progressed, so the file notes you made will be useful in providing them with as much information as possible.

AP 6d Both employees are likely to require support at this early stage. You should keep in contact with both/all parties to ensure that they are coping well, offer to speak with them privately should they need and also provide them with the details of the support we can offer them, which are listed in section 12 of this policy.

7 Mediation 7.1 Mediation is a way to resolve issues with bullying and harassment informally. Mediation is a confidential, facilitated meeting between you, the other person involved and an independent, impartial mediator.

7.2 Mediation involves individual and joint meetings to help identify the root cause of a problem. At the joint meeting, the mediator will clarify how the meeting will be run. You and the other person will each have an opportunity to speak. The mediator will help you identify areas that you



agree on, but you and the other person will ultimately agree the final outcome.

7.3 We have ACAS trained mediators within the organisation and HR Case Management will be able to appoint a mediator to deal with your concern. If for any reason you are not happy with the mediator who has been appointed, you will be provided with an opportunity to request that the mediator be changed.

7.4 Mediation can be successful if you and the other person are willing to participate fully in the process and genuinely want to repair the working relationship. Mediation is a voluntary process, so you and the other person have a choice about whether you want to participate. It is entirely acceptable for either party to decide not to participate in mediation and your decision will not impact any formal process.

Action Points (AP)

Line Managers

AP 7a Mediation is a very good tool to aid the informal process and can help facilitate a resolution. Remind employees that mediation is open to them and if they would like to proceed with mediation, contact HR Case Management in order to arrange this.

8 Making a formal complaint

8.1 If the informal process has not resulted in a positive outcome, or if your concern is one of harassment relating to a protected characteristic, the formal process can be followed straight away (unless all parties agree to attempt to resolve the concern informally).

8.2 We recognise that the decision to make a formal concern is not easy, so we will ensure that you are supported throughout this process. Help and support is available through the sources listed in section 12 of this policy.

8.3 Once the formal process is initiated, you will need to put your concern in writing. You will need to do this via the Speak-up line (provided by Expolink, see 6.6 and 6.7). This ensures there is a uniform and consistent log of all formal bullying and harassment concerns.

8.4 However, if you had already reported your concern via the Speak-up line (at a previous stage in this policy) then this is unlikely to be necessary, as a written record will have already been created. HR Case Management will be able to confirm if further written details are required.



8.5 When you have submitted your concern, you will receive written acknowledgment within two working days. Your concern will then passed to HR Case Management. You will then be contacted within one week with confirmation as to who has been assigned to your case.

8.6 An HR Case Manager will be assigned to provide support and policy guidance. A Commissioning Manager will also be assigned to your case. Unless your concern relates to your line manager, the Commissioning Manager will usually be your line manager. The Commissioning Manager will be the decision maker, confirming the outcome of the concern in line with those outcomes listed in section 9 of this policy. They will be more senior than the other person involved in your concern.

8.7 Within one week of being assigned to your case, the Commissioning Manager will invite you to a meeting in order to discuss your concern in more detail. They will seek confirmation that informal resolution is not possible. You may be accompanied by a workplace colleague or a recognised trade union representative at any meeting you are asked to attend.

8.8 Terms of reference will then be prepared by the Commissioning Manager, with the assistance of HR Case Management where necessary, and these will be sent to you. You will be provided with an opportunity to request changes to the terms of reference. The terms of reference, once agreed will be passed to the investigator(s).

Action points (AP)

Line managers

AP 8a The employee will need to put their concern in writing as per 8.3 and 8.4 above. Please help the employee to establish if they need to put their formal concern in writing. HR Case Management will be able to confirm this and it will be dependent on whether they have already submitted their concern at an earlier stage in this process, via Expolink

AP 8b Within two working days you should write to the employee to acknowledge that the formal process has been initiated and pass the concern to HR Case Management to progress (8.5). HR Case Management will contact you to discuss the outcome of the informal resolution procedures, where applicable, so be prepared to provide them with information.

AP 8c HR Case Management will then assign the concern to a Commissioning Manager and advise the employee of who



the Commissioning Manager will be, in writing within one week (8.6).

Commissioning manager:

AP 8d You should write to the employee raising the concern within one week of being assigned to their case, inviting them to a meeting to discuss their concern further (8.7). You should seek confirmation that informal resolution is not possible. You should then prepare terms of reference with the assistance of HR Case Management, and send these to the employee raising the concern to ensure that these are agreed. Once agreed, the terms of reference must then be passed to HR Case Management who will pass them to the investigator(s) (8.8).

AP 8e You should also meet with the other party to confirm that they are under investigation. HR Case Management are able to attend this meeting to support you, if required. When inviting the other party to this meeting, let them know that they may be accompanied by a workplace colleague or recognised trade union representative. Ensure that you take notes of this meeting and provide a copy of these to the employee for their reference. At this meeting you should give the other party a copy of the terms of reference and also a copy of the written concern (ie. a copy of the completed Formal Bullying and Harassment Form). This will be redacted in accordance with relevant data protection requirements (see 15.3)

AP 8f Please note, if the concern raised has gone directly to the formal stage (therefore bypassing an attempt of informal resolution), you may wish to ask if both parties are in agreement to attempt to resolve the concern informally. If both parties are in agreement refer back to section 5 of this policy. If they are not then proceed as directed in this section.

AP 8g Let HR Case Management know when you have held this meeting and they will then write to the party to confirm the next steps in writing.

9 Investigation 9.1 Investigations are undertaken following our Investigation Framework. This framework is used not only for concerns relating to Bullying and Harassment but also for issues related to other workplace concerns, for example disciplinary matters or grievances.

9.2 All investigators will be appointed by HR Case Management. They will be free from bias or judgment and independent from those involved. In cases involving sexual



harassment, we will ensure that one of the investigators is the same gender as you.

9.3 The standard of proof in any workplace investigation is the Balance of Probability. This means that the investigators will weigh up the evidence and make their decision based on which version is most probably true.

9.4 The length of an investigation may vary depending on the facts of the concern. We would usually expect an investigation to take four to six weeks. This will require you and all other parties involved in the investigation to make best efforts to ensure that you/they are able to attend any meetings and that adequate time is provided in diaries to ensure any issues can be resolved as quickly as possible.

9.5 At the conclusion of the investigation, the investigation report produced by the investigator will be quality assured by HR Case Management. This will take approximately one week.

9.6 Both parties will be given the opportunity to review the investigation report in order to confirm that there have been no mistakes of fact, for example a relevant witness was not interviewed or some evidence was omitted. If either party believes that there has been a mistake of fact then HR Case Management should be informed within one week. HR Case Management will review the alleged mistake and will request that the investigators re-examine the specific mistake in order to decide whether a mistake has been made.

9.7 If HR Case Management conclude that a mistake of fact has been made, the investigators will re-open the investigation. If it is concluded that no mistake has been made, the investigators will finalise and release their report to the Commissioning Manager.

Action points (AP)


AP 9a When the investigation has concluded and any mistakes of fact have been addressed, you will receive the final investigation report.

10 Concern outcomes 10.1 Within one week of the Commissioning Manager receiving the final investigation report, the Commissioning Manager will conclude, on the balance of probabilities, one of the following three outcomes:



There is a case to answer With this outcome, it is likely that disciplinary action will follow. If a disciplinary hearing is required, then this may result in dismissal.

There is no case to answer We will provide support to both parties to help bring you back into the work place and re-build positive working relationships. Any support will be agreed with you and is likely to include an informal meeting with the other person and/or mediation.

The complaint was untrue or malicious If it is found that the concern has been falsely or maliciously raised, this will be seen as a serious breach of this policy, your line manager will may be notified and disciplinary action may be taken against you.

10.2 The Commissioning Manager will then arrange to meet both parties separately in order to confirm the outcome and discuss the next steps. You will receive written confirmation of the outcome.

Action points (AP)


AP 10a A conclusion should be reached within one week of receiving the final investigation report. Meet with both parties separately to inform them of the outcome and follow up this meeting with confirmation in writing.

AP 10b When inviting each employee to this meeting, let them know that they may be accompanied by a workplace colleague or recognised trade union representative. Ensure that you take notes of these meetings.

AP 10c At each meeting, confirm how the decision in respect of each concern was reached. If the outcome of the concern is that disciplinary action may be taken and you are not the line manager, you should refer the outcome to the line manager.

Line managers:

AP 10d You will be informed of the outcome. You should deal with any disciplinary issues in line with the Disciplinary Policy.

AP 10e

You should support the employees in order to facilitate re-building their relationship. You should arrange an informal meeting between the parties and also offer to refer them to mediation.



AP 10f Moving forward, you should review both parties regularly in order to ensure that the behaviours complained of have not returned and the underlying issues have been resolved.

11 Appeals 11.1 The aim of this policy is to provide you with an avenue to raise concerns and we hope that you will be satisfied with any action taken. If you are not content with the outcome of your formal concern (the outcome will be one of the three listed at section 10), you have the right to appeal the outcome within two weeks.

11.2 You should set out in writing the grounds of your appeal and send this to HR Case Management.

11.3 HR Case Management will write to you within one week to confirm that an Appeal Manager has been assigned to your appeal. They will be the decision maker. The Appeal Manager will be more senior than the Commissioning Manager and will not have had any involvement in the initial concern.

11.4 The Appeal Manager will review the investigation report together with your grounds for appeal and will make a decision based on the papers. You will receive an outcome of the appeal, in writing, within two weeks.

Action points (AP)

Appeal manager:

AP 11a You will be contacted by HR Case Management in order to act as the Appeal Manager. You must not have had any involvement in the initial concern (11.3). You will be provided with the investigation report, together with the grounds for the appeal.

AP 11b You should make your decision regarding the appeal within two weeks and confirm the outcome in writing to the individual.

AP 11c When inviting each employee to this meeting, let them know that they may be accompanied by a workplace colleague or recognised trade union representative. Ensure that you take notes of these meetings.

AP 11d At each meeting, confirm how the decision in respect of the appeal was reached. Refer the outcome of the appeal to the line manager and the Commissioning Manager (if different).



12 Support and guidance 12.1 We are committed to ensuring that you feel fully supported at all stages of this process. You can seek help and support from any of the sources listed below:

Your line manager As people who work closely with you, line managers are very well placed to offer support during the process. We encourage colleagues to see their line manager as a first port of call wherever possible.

Recognised trade union representative If you are a union member, then your union will be able to offer advice and guidance to you. The Government of Jersey is committed to working in partnership with all recognised trade unions as we understand the important role they play in supporting and advising their members.

HR Business Partner At any time during the process, you can contact your

department’s HR Business Partner for advice. They will be

able to offer advice and explain the options available to you.

Employee assistance line The Employee assistance line is called ‘Be Supported’ and is provided by our Occupational Health partners, AXA. Be Supported provides easy, fast and confidential access to information and resources on a wide range of work-related or domestic topics. It aims to provide support and advice should you feel more comfortable in speaking to someone outside the organisation. Be Supported can be accessed 24/7 via the telephone support line: 0800 0727072 and employees may receive up to six free counselling sessions. You can self-refer to Be Supported or by your line manager, with your consent. There is also online access at www.axabesupported.co.uk using the username: statesofjersey and password: supported.

13 Confidentiality 13.1 We want to ensure that when you raise a concern, you are comfortable in doing so openly. All support and guidance sought from the organisation will be provided on a completely confidential basis. This will also extend to any person that has been witness to unacceptable behaviour.

13.2 In the event that a hearing takes place (for example a disciplinary or Jersey Employment and Discrimination Tribunal) the paperwork exchanged to all parties will include the investigation report and witness statements taken during investigation interviews. These will be redacted in accordance with relevant data protection requirements; HR Case Management will advise.



13.3 We recognise that it is natural to want to speak to colleagues about the issues you are experiencing, however confidentiality and discretion can safeguard this procedure benefitting all of those involved. A failure to maintain confidentiality and act with discretion could be detrimental to the process, therefore we encourage all colleagues to be mindful of who they choose to speak to.

14 Witnessing bullying and harassment

14.1 We all share a responsibility for a safe working environment for all colleagues. You may not have experienced bullying or harassment directly, but have witnessed someone else being bullied or harassed. The Government of Jersey expects all employees to recognise their duty to raise concerns and all available support is extended to individuals who raise concerns on behalf of a colleague.

14.2 To raise a concern, follow the same process as set out in sections 6 or 8 of this policy.

15 A concern has been raised about me

15.1 We recognise that being notified that a concern has been raised about you may be a difficult experience. The support and guidance listed in section 12 of this policy is available to all colleagues irrespective of whether they are raising a concern, or a concern has been raised about them.

15.2 If a concern is raised about you, you will be notified, usually by your line manager. If the individual feels comfortable to do so, they may choose to approach you on an informal basis to discuss their concern and attempt to resolve the issue. We would encourage you to be open to this discussion as it will provide some time to reflect and talk through the issues and may well lead to a resolution.

15.3 If the formal procedure is initiated then you will receive a copy of the formal written complaint. This will be redacted in accordance with relevant data protection requirements.

Action points (AP)

Line managers:

AP 15a If a concern is raised about one of your team, you should notify your team member as soon as possible. If the concern is raised informally, you may be required to facilitate an informal conversation between the two parties in order to help resolve the issues swiftly.

AP 15b Ensure that you maintain regular contact with your team members in order to support them throughout the process, recognising that this may be a stressful time for them as



well as the person who has raised the concern. Highlight the support and guidance listed in section 12 of this policy.

16 Being accompanied to meetings

16.1 Both parties and any witnesses, may be accompanied by a workplace colleague or recognised trade union representative at any meeting held under the formal stage of this policy.

16.2 Family members, friends or legal representatives may not accompany you to any meetings, other than in accordance with statutory provisions, nor can they participate at any stage of this policy and associated procedure.

16.3 If the person who you have chosen to accompany you is unavailable for a period which delays the process for more than five working days, you may be asked to choose another person in order that we may continue to safeguard our commitment to deal with and conclude matters swiftly.

16.4 Managers are asked to approve requests from employee union representatives or workplace colleagues who are asked to attend meetings, wherever possible in order not to hinder this process.

17 Counter concerns or allegations

17.1 If a counter allegation is made after the initiation of the formal procedure then the counter allegation must also be put in writing using the Formal Bullying and Harassment Concern Form. Depending on the nature of the counter allegation (usually whether or not it is intrinsically linked to the original concern) it may be treated as a separate concern.

18 Timescales 18.1 It is important that the following timescales are observed wherever possible.

Issue Action Who to action Timescale Concern is identified Line manager to facilitate the

informal process which will involve discussions between the parties or mediation.

Line Manager The first discussion should take place within 14 days of the concern being raised (see 6.8) At any time, after 14 days the concern may be transferred to the formal process at the request of either party.

Formal action initiated

Employee will need to put their concern in writing, this is done via the Speak-up line, see 8.3.

Employee Two working days from raising concern.

Move to formal process

Appoint a commissioning manager

HR Case Management

One week from receipt of concern



Issue Action Who to action Timescale Identify that an investigation is required

Appoint investigators

HR Case Management

Conclude investigation & investigation report

Investigators to undertake and conclude investigation, present investigation report

Investigators Within 4-6 weeks

Quality assure investigation report

Investigation to be quality assured against defined list of agreed criteria

HR Case Management

Within one week of receiving the report

Mistake of fact identified by one of the parties

Party to raise this with HR Case Management

Either party Within one week of receiving the report

Mistake of fact submitted by one of the parties

HR Case Management to review, see 9.6

HR Case Management

Within one week of a potential mistake of fact being raised

Re-investigation following a mistake of fact

Investigators re-open the investigation

Investigators Within two weeks

Outcome of concern Outcome to be sent to all parties

Commissioning Manager

Within one week

Appeal request Write to HR Case Management setting out the grounds for appeal

Employee Within ten working days of receiving the report

Appeal Manager appointed

Confirmation of the appeal manager to be sent to the employee

HR Case Manager

One week

Appeal Appeal manager to review the investigation report together with the grounds for appeal and communication outcome, see 11.4

Appeal Manager Within two weeks

Next steps after outcome of investigation

Line manager to initiate appropriate action dependant on outcome, see section 10.

Line manager Within one week of receiving the report

19 Withdrawal of a concern

19.1 Occasionally, individuals decide to withdraw their concern. Withdrawal of a concern must be done in writing to the person to whom the concern was initially raised. If we feel the circumstances warrant it, we reserve the right to continue to investigate any concern that has been withdrawn.

Action points (AP)

Line managers:

AP 19a If a concern is withdrawn, notify HR Case Management, who will confirm whether we will continue to investigate the concern.

20 Roles and responsibilities

Everyone within the organisation

20.1 Regardless of seniority, we must all treat one another with dignity and respect. We have a shared responsibility to



create a respectful and collaborative working environment in which unacceptable behaviour is reported and brought to an end.

Line managers

20.2 Line managers are responsible for modelling our values and behavioural expectations. When unacceptable behaviour is witnessed within your team you must address this swiftly and take responsibility for the development and maintenance of professional working relationships within the team.

Human Resources

20.3 The Human Resources department are responsible for providing advice in respect of this policy. HR Case Management have a specific responsibility to oversee the quality and timescales of any investigations undertaken in accordance with this policy.

21 Recording, monitoring and review

21.1 The outcomes of your concern will be recorded so that the organisation holds a complete record of all concerns raised. We will use this to identify similar behaviours or practices and areas for improvement across the organisation.

21.2 The States Employment Board will be provided with high level information about all concerns raised under this policy in order that they can be satisfied that all employees are supported and feel free to raise concerns. The information will be presented within a report, which will be produced quarterly.

21.3 We will review the effectiveness of this policy and local process annually and changes will be made as appropriate.

22 Links to other policies

22.1 Other policies and documents which may be helpful when considering this policy are:

• Equalities and Diversity

• Civil Service Code of Conduct

• Ministerial Code of Conduct

• Code of Conduct for Elected Members

• Investigation Guidelines

• Whistleblowing

• Grievance

• Disciplinary.



23 Flowchart

Process

Notes

Note 1: Harassment concerns (ie. related to the 9 protected characteristics) should proceed directly to the formal stage of this policy, unless all parties are in agreement to resolve informally. See 8.1

A bullying & harassment concern raised informally (See section 6) Once referred to the Line Manager, they have a responsibility to initiate a 14-day intervention period. Whenever possible all efforts should be made to resolve a concern informally as it is usually to the benefit of all parties.

14-day intervention period (see 6.8) Informal approaches are explored with the aim of resolving the concern as swiftly as possible to the benefit of all those involved, this may include, for example, the line manager facilitating a conversation to address the concern.

Note 2: If the informal approach(s) are successful then the process concludes here. Informal approaches are more likely to be successful if a concern is addressed swiftly and not allowed to fester.

Bullying and harassment concern raised formally (see section 8) There are three reasons why a concern may reach the formal stage: (1) Individual raising the concern does not feel the informal process is an

option, (2) it is a harassment concern related to a protected characteristic

(see note 1 above) (3) there has not been a successful outcome using

the informal approach.

Note 3: Once the formal stage is initiated, concerns will need to be put in writing. This should be done via the independent Speak-Up Line, unless this has already been done at the informal stage. Case management will be able to confirm this.

Receipt of Formal Bullying & Harassment Concern Form HR Case Management are informed of formal concern (see 8.5) HR Case Management appoint a Commissioning Manager (see 8.6) Commissioning Manager meets individual and confirms that informal resolution is not possible (see 8.7) & prepares terms of reference (see 8.8) Investigation commences (see 9)

Outcome of Investigation Investigation is concluded and report passed to HR Case Management who quality assure it against an agreed framework (see 9.5). Both parties given an opportunity to review for ‘mistake of fact’ (see 9.6) Report then passed to Commissioning Manager to will conclude outcome, either (1) case to answer, (2) no case to answer or (3) untrue or malicious. You have the right to appeal the outcome within two weeks (see 11.1)

Note 4: If the outcome is no case to answer then support is provided to both parties to help bring them back into the workplace and build positive working relationships, if it is untrue or malicious, disciplinary action may be taken (see 10.1).

Case to answer Where the outcome is case to answer, the most likely next step will be disciplinary action (see 10.1). If there is disciplinary action but no dismissal, support will be provided

to facilitate re-building working relationships.

General Notes (1) This policy and its procedure is designed to provide everyone with the confidence to come forward if they are affected by any form of unacceptable behaviour. (2) Support and guidance is available at all stages of this policy and process (see section 12) (3) Confidentiality and discretion can help safeguard this process, which benefits all of those involved. Failure to maintain confidentiality could be detrimental to this process, please be mindful of who you choose to speak to (see section 13). (4) We all share a responsibility for a safe working environment and if we witness someone else being bullied or harassed, we have a duty to raise a concern.



Version Date Issued

Issued by Record of Change

1.0 21/1/2019 MG (author TM) 1. Response to HR Lounge Report recommendations.

1.1 19/7/2019 Revisions made and issued by MG

1. Font colour and formatting changes only. No changes made to the policy or procedure.

1.2 19/11/2019 MG 1. Document split into two parts to follow our new policy and procedure style and layout; Part one: the policy; and Part two: the procedure Subsequently the paragraph numbering has changed, i.e. 3 has become 4 and so on throughout the document.

2. At paragraph 11.4 (was 10.4) the timescale has been increased to two weeks. This has been mirrored at AP11b (was AP10b) and under the heading appeals & appeals request found in section 18; Timescales.

3. AP11b (was AP10b), the following sentence has been deleted as the outcome can be communicated in writing; ‘meet with both parties separately to inform them of the appeal outcome and follow up this meeting with confirmation in writing.’

Presented to Approved Date

CSB SEB

October 2018 October 2018

Additional Information

Planned Review Date

2020

Documents

Bullying and Harassment (Policy and Procedure) and...Bullying and Harassment (Policy and Procedure) 2019/11/20 Bullying and harassment policy V1.2 Page 6 of 21 5.4 In all of the above