Dignity At Work Policy

Background• Bullying & Harassment Policy (2008)

– No longer up to date (pre-dates Equality Act 2010)– “Named persons” – list not up to date / many have

left– Procedurally unclear

• DMU Equality Objectives: committed to a review of the B&H Policy

• Code of Conduct (June 2013)– Introduced a clear standard of behaviour in

relation to Dignity At Work

Code of Conduct • Commitment to equality and diversity for all

staff and students.• Supportive environment where respect is

shown to all.• All staff and students, regardless of their

gender, race, ethnic background, culture, disability, sexual orientation, age, religion/belief (or no religion/belief), socio-economic status or any other factor are encouraged to perform to their potential.

Code of Conduct All DMU staff are expected to:• Adhere to the principles of equality and

diversity• Oppose all forms of unlawful discrimination• Help put an end to harassment, bullying and

intimidation• Help ensure dignity at work for all.

DMU takes a zero tolerance approach

to bullying and harassment at work.

Code of Conduct

All DMU staff:• Are responsible for ensuring that their own

behaviour, whether intentional or unintentional, is not violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive work and/or learning environment.

• Should be prepared to be challenged over their own behaviour.

DMU’s commitment• As educator and role model, DMU has a strong

commitment to the principles of Dignity At Work for all.

• In line with its equality and diversity, Athena Swan, Race Charter Mark and Stonewall agendas, and its strong public good ethos, DMU takes a zero tolerance approach to bullying and harassment at work.

• DMU expects all staff to work in a way that promotes dignity at work and respect for all (colleagues, students, partners, members of the community, etc.).

What next…• Bullying and Harassment Policy has been

removed• A new Dignity At Work Policy has been

introduced• Reinforces the standards already contained in

the Code of Conduct and provides guidance for dealing with complaints.

Overview of the Dignity at Work Policy

Who does the new policy apply to?

• All staff/workers, including:– Employees– Self-employed contractors/consultants– Agency workers (eg Unitemps)

• In the workplace and in any work related setting

• Students are covered by a separate Policy on Dignity and Respect

Who is responsible?• Executive Board, PVC-Deans and Directors

have overall responsibility for the policy.• Managers are expected to role model positive

behaviours to all and should ensure that all staff are aware of the policy.

• All staff have personal responsibility for the policy and for reporting any instances of bullying or harassment of which they become aware.

What is bullying and harassment?• Any behaviour that is unwanted by the person to

whom it is directed. • It is the impact of the behaviour not the intent of

the person acting in that way that is relevant.• Bullying and harassment is not ‘banter’!

Types of conduct

Harassment or bullying might:• Take place face to face• Involve physical contact (touching, pushing, etc.)• Be contained in written communications, emails, or online

via social media (cyber-bullying)• Take place through displaying offensive images, video clips

or words• Involve unwelcome sexual advances• Involve isolating someone, excluding or continually

undermining a person or humiliating them in front of others.

Unlawful conduct• Conduct might be unlawful if it relates to a “protected

characteristic” (Equality Act 2010) eg harassing someone because of:– Sex– Gender reassignment– Being married or in a civil partnership– Being pregnant or on maternity leave– Race (including ethnic or national origin, nationality and colour)– Disability– Sexual orientation (eg lesbian, gay, heterosexual or bisexual)– Religion or belief– Age

Example…“Chris manages a Council Benefits Office. One of his staff, Raj, is a Sikh. Raj mentions to Chris that he is feeling unhappy after a claimant made derogatory remarks regarding his faith. Chris is concerned and monitors the situation. Within a few days the claimant makes further offensive remarks. Chris reacts by having a word with the claimant, pointing out that this behaviour is unacceptable. He considers following it up with a letter to him stating out that he will ban him from the office if this happens again. Chris keeps Raj notified of the actions he is taking, which are intended to be reasonable steps to protect Raj from harassment.”

Perception and association

• Perception discrimination:

Bullying or harassing someone who you mistakenly believe to have a “protected characteristic”.• Association discrimination:

Bullying or harassing someone who is close to a personwho has a protected characteristic.

Examples….

Perception discrimination example…“Josh is continually being called gay and other related names by a group of employees at work. Derogatory homophobic comments have been posted on the staff noticeboard about him by people from this group. Josh was recently physically pushed to the floor by one member of the group but is too scared to take action.

Josh is not gay but heterosexual; furthermore the group know he isn’t gay.”

Association discrimination example…

“Susan works in a large open plan office and many of her colleagues know that her partner has anorexia. They tease and mock her on a regular basis, joking that she obviously doesn’t feed her partner well enough. In their view this is light hearted banter by which they mean no harm, but Susan is worried about her partner and very upset by her colleagues’ behaviour.”

What is “victimisation”?

• When someone is singled out for detrimental or unjust treatment because they have done a “protected act”.

• A “protected act” might be where they have complained (in good faith) about bullying or harassment or supported someone else in making a complaint.

• It is unlawful and the university takes a zero tolerance approach to victimisation.

Consequences of B&H

• Serious consequences for individuals and the university:– Can make people unhappy / increases stress– Can affect work, health, social and family relationships– Impacts on other colleagues / students– Legal claims / damage to the university’s reputation– Poor morale / loss of work productivity– May lead to disciplinary action, potentially dismissal– A person may be personally liable to pay compensation– Serious cases may be a criminal offence

Guidance for individuals…

• Seek advice (eg from a manager, HR, trade union representative, confidential Employee Assistance Programme).

• Consider speaking to the person informally.• Raise a formal complaint if an informal approach does

not work or is not appropriate.• Speak to a manager if you see someone else being

bullied or harassed – don’t ignore it.• See the policy for further advice.

Procedure for dealing with a complaint

• The policy promotes informal resolution • If not possible, or inappropriate:

– Employees should use the formal Grievance Procedure

– Non-employees should use the applicable complaints procedure.

– A disciplinary investigation may commence where there is concern about an employee’s conduct - even if a formal complaint has not been received.

The outcome…

• Complainant will be kept informed.• If the outcome is disciplinary action – this will be

confirmed but the outcome of the disciplinary process will not be divulged.

• If an employee has been found to have bullied or harassed someone, they may be transferred to another area if they are not dismissed.

• Where the bully/harasser is not a DMU employee, the university may end any business relationship or seek to exclude them from the university premises.

What if a complaint against me is upheld?• If you have been found to have bullied or harassed

someone, you may be dismissed or some other disciplinary action might be taken against you eg a formal warning.

• Where practicable, you might be transferred to another work area and/or you may be required to attend any training the university considers appropriate eg as an alternative to dismissal.

Related policies and sources of support• Email, Internet and Social Media Policy (cyber

bullying, online harassment/discrimination)• Code of Conduct• Employee Assistance Programme• POD pages• HR adviser