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Bullying and Harassment Reporting and Resolution Procedure Ref HR-0052-v1.1 Status: Ratified Document type: Procedure

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  • Bullying and Harassment Reporting and Resolution Procedure

    Ref HR-0052-v1.1

    Status: Ratified Document type: Procedure

  • Ref: HR-0052-v1.1 Page 2 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    Contents 1 Introduction ....................................................................................................... 3 2 Why we need this procedure ........................................................................... 3 2.1 Purpose .............................................................................................................. 3 2.2 Objectives ........................................................................................................... 3 3 Scope ................................................................................................................. 4 3.1 Who this procedure applies to ............................................................................. 4 4 Principles .......................................................................................................... 4 4.1 What is harassment and bullying? ...................................................................... 4 4.2 Differences between Management and Bullying/Harassment ............................. 5 4.3 Conflict ............................................................................................................... 5 4.4 Raising a concern about harassment or bullying ................................................. 6 4.5 Informal Local Resolution ................................................................................... 6 4.6 Facilitated Resolution.......................................................................................... 7 4.7 Resolution through Mediation ............................................................................. 7 4.8 Considering raising a concern formally ............................................................... 7 4.9 Formal procedure - submitting a formal complaint .............................................. 8 5 Definitions ......................................................................................................... 9 6 Related documents ........................................................................................... 9 7 How this procedure will be implemented ...................................................... 10 8 Document control ........................................................................................... 10 Appendix 1 - Guidance on local resolution and conducting a facilitated informal conversation ............................................................................................................. 12 Appendix 2 - Notification of/Appeal against the outcome of a Formal Bullying and/or Harassment Complaint ............................................................................................. 15 Appendix 3 - Equality Analysis Screening Form .................................................... 16 Appendix 4 – Approval checklist ............................................................................. 20

  • Ref: HR-0052-v1.1 Page 3 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    1 Introduction The Trust Statement of Values and Behaviours set out how we will provide the best possible care to users of our services and how we will promote and strive to create healthy, supportive, positive cultures throughout the organisation. The Trust is committed to the Social Partnership Forum goal and ambition to provide excellent, compassionate leadership in a supportive culture where staff can flourish and problem behaviours such as bullying disappear. This procedures aims to provide a supportive framework for managing concerns which may arise relating to conflict/bullying/harassment. The main aim of the framework is to preserve and maintain the employment relationship and to work in the spirit of resolution of issues of this nature within the workplace.

    2 Why we need this procedure

    2.1 Purpose It is recognised that there will be occasions where staff and colleagues may experience behaviour that they believe is not in line with the Trust values and behaviours. The recipient of such behaviours may view them to be bullying and/or harassing in their nature. The aim of this procedure is to provide a supportive framework where such concerns are able to be explored in a non-confrontational facilitated manner with the aim of resolving any differences ideally in an amicable way. It is acknowledged however that there may be occasions where certain behaviours are viewed to be a significant breach of conduct and as such will be managed in line with the Trust Disciplinary Procedure. The Grievance Procedure should be used for any issues relating to employment, and not used to address relationship difficulties.

    2.2 Objectives • Implementing a resolution focused approach to tackling any perceived inappropriate behavior

    at the earliest opportunity. • Promoting an environment where it is acknowledged all staff/colleagues have the right to

    expect to be treated with dignity and respect. • Creating a workplace environment that is free from hostility. • Ensuring appropriate support mechanisms are available to employee’s who feel they are

    subject to bullying, harassment or unfair treatment of any kind. • Educate our workforce by promoting positive behaviours through increased awareness of the

    unacceptability of any form of behavior that breaches dignity at work.

  • Ref: HR-0052-v1.1 Page 4 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    3 Scope

    3.1 Who this procedure applies to • This procedure applies to all staff.

    4 Principles The Trust encourages and advocates wherever possible an informal reporting and resolution approach be adopted to seek to resolve causes of concern relating to bullying and/or harassment. It is recognised that raising a concern for a member of staff will not be an easy choice to make. The Trust will treat all raised concerns seriously and will promote a culture that is compassionate and supportive to individual needs. All staff involved in the process will be treated fairly with dignity and respect. Any information disclosed throughout the process will remain confidential. It is acknowledged raising a concern or being the subject of a concern linked to bullying and/or harassment is an extremely stressful situation and the Trust will ensure access to appropriate support is available to all parties. In circumstances where it is not possible to reach a resolution through the informal process the matter may move to the formal process.

    4.1 What is harassment and bullying? 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 of creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’. Bullying is not specifically defined in law but ACAS gives the following definition: ‘Bullying may be characterized as offensive, intimidating, malicious or insulting behavior, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient’. Harassment and bullying may be against one or more people and may involve single or repeated incidents ranging from extreme forms of intimidating behavior, such as physical violence to more subtle forms such as ignoring someone. It can often occur without witnesses. The examples below are viewed as falling within the boundaries of unacceptable behaviour:- • Spreading malicious rumours, or insulting someone by word or behaviour. • Sharing critical information with others who do not need to know. • Ridiculing or demeaning someone, including picking on them or setting them up to fail.

  • Ref: HR-0052-v1.1 Page 5 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    • Exclusion or victimisation • Unfair treatment • Overbearing supervision or other misuse of power or position. • Unwelcome sexual advances – touching, standing too close, display of offensive materials,

    asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected.

    • Making threats or comments about job security without foundation • Deliberately undermining a competent worker by overloading and constant criticism • Preventing individuals progressing by intentionally blocking promotion or training opportunities.

    It is important to note that bullying and harassment is not necessarily face to face, it may occur through written communications, visual images (for example pictures of a sexual nature or embarrassing photographs of colleagues), email, phone.

    4.2 Differences between Management and Bullying/Harassment It is important to recognise there is a distinction between bullying and the exercise of managerial responsibility. Claims of bullying or harassment are sometimes made in response to managers seeking to deal with a performance or/and conduct issues. It is recommended that performance or/and conduct issues should be discussed and recorded as soon as they are identified together with the supporting remedial action and training. Managers must take action to address performance or/and conduct issues by the legitimate exercise of managerial responsibility and other appropriate policies. Managers and supervisors have a duty to manage and provide staff with accurate and honest feedback (which should be constructive). When dealing with performance or/and conduct issues managers should look at all the potential reasons for the issues. A manager may be perceived as a bully if they try to tackle poor performance or/and conduct issues without identifying the reasons, will impose unreasonable standards or/and targets and may put individuals under pressure by using ridicule, public criticism, shouting, teasing or sarcasm. Where a manager treats staff inconsistently without justification by treating individuals less favourably or taking action against someone because of protected characteristics (such as age race, sex, disability, religion or belief, sexual orientation, transgender status or nationality) this could be considered as bullying or harassment.

    4.3 Conflict Conflict in the workplace can take many forms from serious disagreements to less obvious under-currents of negativity. Disputes can often start with a minor problem which if not addressed can then escalate into more serious conflict. The signs that might be apparent and indicative of a problem include: • Poor communication and lack of cooperation • Rudeness and sarcasm • Blaming and passing the buck • Anger and intimidation If unresolved, conflict can escalate unnecessarily and lead to bullying and harassment.

  • Ref: HR-0052-v1.1 Page 6 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    4.4 Raising a concern about harassment or bullying There are several options available for raising concerns and dealing with bullying, harassment and conflict at work including local and/or facilitated resolution and the formal process which are described at 4.3 and 4.9.

    4.5 Informal Local Resolution It is accepted that difficult relationship situations may arise where an employee feels they are being bullied, informal local resolution should be attempted wherever possible. The Trust’s aim is that most cases of conflict, bullying or harassment will be resolved informally in order to preserve and maintain effective working relationships. Involving all parties in identifying a solution helps minimise any distress being experienced. Sometimes people are not aware that their behaviour is unwelcome and an informal discussion can lead to greater understanding and an agreement that the behaviour will cease. The employee may feel able to raise the issue with the employee concerned directly in a confidential setting on a one to one basis. The diagram below highlights the approach to resolving matters informally. Advice and guidance on how to approach local resolution including raising the issue directly and conducting a facilitated meeting can be found at Appendix 1. -------------------INFORMAL RESOLUTION PROCESS---------- Colleague/ Dignity at Work HR rep, ESO or Line Manager Champion Staff Side rep

    A cause for concern occurs which is defined by the impact/perception/intention experienced by an individual.

    Facilitated Informal

    Conversation 1:1 Resolution

    Meeting Formal

    Mediation

    A meeting or a conversation takes place to agree an approach to resolve the concern with any of the parties below

  • Ref: HR-0052-v1.1 Page 7 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    4.6 Facilitated Resolution If the employee does not feel able to raise the matter with the person concerned directly, they may wish to contact any of the people identified in the previous diagram to arrange a facilitated informal meeting. Dignity at Work Champions are employee volunteers who have been trained to support staff experiencing conflict at work which may be linked to bullying and/or harassment. Dignity at Work Champions are available to provide confidential advice or to help facilitate a resolution conversation. Note - Please email the HR Operations team, [email protected], for additional information on the role of the Dignity at Work Champions.

    4.7 Resolution through Mediation It is advised that if local resolution and/or a facilitated approach has been unsuccessful, mediation is tried before resorting to formal procedures. Mediation is a confidential and voluntary process which brings together employees who are experiencing problems in a work related relationship. Mediation is offered as a service by employee volunteers who are accredited, trained mediators. Requests for Mediation are administered by the Organisational Development team, they can be contacted via the following email [email protected]. Mediation is a structured process using an impartial mediator to facilitate communication between two or more parties to help them understand one another and to begin to think creatively about a mutually acceptable resolution to their differences. Mediation has the advantage of being a voluntary process, where staff feel their dispute may be remedied by discussion, thereby avoiding the negative and time-consuming aspects of formal processes.

    4.8 Considering raising a concern formally In circumstances where an employee has indicated they are considering raising a concern formally a meeting with the line manager, or another senior manager (if the line manager is the person being complained about) should be offered. The purpose of the meeting is to explore fully with the employee all options they have considered to resolve the issue. If the employee indicates they wish to be accompanied by their staff side representative or a work colleague not acting in a professional capacity, arrangements will be made to include a Human Resouces representative.

    It is hoped that most cases will be resolved at this stage; however, there will be some circumstances where the facilitated resolution should be invoked immediately, in the first instance. Advice from a Human Resource representative can be sought on this issue.

    mailto:[email protected]:[email protected]

  • Ref: HR-0052-v1.1 Page 8 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    4.9 Formal procedure - submitting a formal complaint If a local, facilitated or mediated resolution is unsuccessful the employee may submit a formal complaint. This must be confirmed in writing as soon as possible and include the following:

    1. Raise your complaint formally in writing, the pro forma in Appendix 2 can be used to register your complaint formally

    2. Address the complaint to your Head of Service or Associate Director of Service

    The complaint must state:

    • The name(s) of the alleged harasser(s) • The nature of the complaint • Dates and times when harassment occurred (where known) • Names of witnesses to any incidents of harassment • Any action already taken by the complainant to stop the alleged

    bullying/harassment.

    Head of Service/Associate Director of Service On receipt of a formal complaint, you must:

    1. Appoint a Determining Manager who is at a level with the authority to determine whether the

    allegation is founded, guidance should be sought from HR. 2. Forward the complaint to the determining manager and the HR Department. 3. Inform the individual who the complaint is against and provide them with a copy of the complaint.

    (in a timely and sensitive manner) 4. Advise the individual who the complaint is against that they will be invited to participate in the

    process to look into the complaint. They will also be invited to attend the meeting, affording them the opportunity to fully respond.

    Determining Manager will arrange a meeting ideally within 21 days of receipt of the formal complaint. They will:

    1. Acknowledge Receipt of the complaint and contact your Link HR Representative for advice and guidance;

    2. Invite all parties to a meeting advising the individuals of their right to be accompanied throughout the process by a companion and ensure appropriate support is provided;

    3. In considering all of the evidence available the Determining Manager will adjourn to consider their decision. The decision will fall within the boundaries of the three outcomes below.

    No evidence of bullying or harassment can be established.

    No evidence of bullying or harassment can be established. However there may be occasions where the behaviours give a cause for concern which may be due to misunderstanding or lack of awareness of their behavior. An action plan will be developed to address the areas of concern

    There is evidence of bullying and/or harassment with an intent to cause harm. These cases will be referred to the Disciplinary Procedure.

  • Ref: HR-0052-v1.1 Page 9 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    The complainant has the right of appeal which should be made in writing to the Head of HR and Workforce Assurance within 5 working days of the written notification of the outcome.

    5 Definitions This section is a list of the terms used in this policy and what they mean]

    Term Definition

    Dignity Defined as the “ability to feel important and valuable in relation to others, communicate this to others and be treated as such by others”. Dignity is concerned with how people feel, think and behave in relation to the worth or value of themselves and others.

    Respect Respect is a positive regard shown to a person as a human being, as an individual, by others and demonstrated as courtesy, good communication, taking time and equal access.

    Conflict Conflict can be described as a clash between opposing groups (or individuals) and emerges when disagreements, differences or inequities threaten something important.

    Mediation Mediation is a confidential and voluntary process which brings together employees who are experiencing problems in a work related relationship. Mediation is offered as a service by employee volunteers who are accredited, trained mediators.

    Dignity at Work Champions Dignity at Work Champions are employee volunteers who have been trained to support staff experiencing conflict at work which may be linked to bullying and/or harassment. Dignity at Work Champions are available to provide confidential advice or to help facilitate a resolution conversation. Note - Please email the HR Operations team, [email protected] , for additional information on the role of the Dignity at Work Champions.

    6 Related documents This procedure describes the Trust approach to managing issues relating to bullying and harassment and outlines the options available to resolve such related concerns. This procedure also refers to:- Disciplinary Procedure Staff Compact Trust Values and Behaviours

    mailto:[email protected]://flc-intouch:35000/Docs/Documents/Policies/TEWV/Human%20Resources/Disciplinary%20Procedure.pdfhttp://intouch/Aboutthetrust/Staffcompact/Documents/0993%20TEWV%20Staff%20Compact%20Amended%20version%20-%20sept%202015.pdfhttp://intouch/News/Urgent/Documents/Statement%20of%20values%20and%20behaviours.pdf

  • Ref: HR-0052-v1.1 Page 10 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    7 How this procedure will be implemented

    • This procedure will be published on the Trust’s intranet and external website.

    • Line managers will disseminate this procedure to all Trust employees through a line management briefing.

    • Support and guidance will be available to all staff who may feel they have experienced unacceptable behavior which is not deemed to be in line with the Trust Values and Staff Compact.

    • Training will be available to line managers and staff on how to manage and resolve difficult work relationship situations that may arise.

    8 Document control

    Date of approval: 08 August 2018

    Next review date: 08 February 2022

    This document replaces: N/A

    Lead: Name Title

    Beverley Vardon-Odonkor Head of HR and Workforce Assurance

    Members of working party: Name Title

    Policy Working Group

    This document has been agreed and accepted by: (Director)

    Name Title

    David Levy Director of HR and OD

    This document was approved by:

    Name of committee/group Date

    JCC 03 July 2018

    This document was ratified by: Name of committee/group Date

    Executive Management Team

    08 August 2018

    An equality analysis was completed on this document on:

    03 July 2018

    Change record Version Date Amendment details Status 1 08 Aug 2018 New procedure Published

    1.1 26 Nov 2018 Interim message added to sections 4.6 and 5. Approved by hr

  • Ref: HR-0052-v1.1 Page 11 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    Inviting staff to email the HR Operations team, [email protected] , for additional information on the role of the Dignity at Work Champions.

    senior manager

    1.1 May 2021 Review date extended to 08/02/2022 Published

  • Ref: HR-0052-v1.1 Page 12 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    Appendix 1 - Guidance on local resolution and conducting a facilitated informal conversation

    1.1 Discussion with the complainant The Trust recognises bullying and harassment issues are best dealt with on an informal basis. If an employee believes they are being bullied, harassed, or are experiencing concerns relating to a working relationship, they may initially choose to access support from a range of available resources as outlined at 3.7. At the initial meeting it may be helpful to consider the following points:

    • Encourage the member of staff to talk about what has happened and how it has made them feel.

    • Gain an understanding of what, if any steps they have taken already to address/resolve the situation.

    • Explore what options may be available to them to assist in resolving the concerns/issues, this may include:-

    o Meeting with the individual on a 1 to 1 basis. o Considering requesting a facilitated informal conversation o Coaching them on how to address their concerns individually o Formal Mediation o Formal Complaint

    • Consideration should be given to the member of staff’s perspective along with time being spent exploring why the situation may have arisen.

    • Time should be spent exploring how the situation might be resolved from their perspective and how the relationship might be restored.

    • A copy of the Bullying and Harassment Resolution Procedure should be made available to the member of staff.

    • If the member of staff consents discussion notes may be taken.

    It should be acknowledged to the employee that by initiating the meeting they have taken the first step to resolving the situation and hopefully preventing the situation from escalating and becoming more difficult for all employees involved. Managers and employees should, where possible, attempt/encourage the methods detailed below, before considering a formal complaint. 1.2 Raising a concern with the individual directly An informal discussion with the employee and the subject of the complaint, if possible, should be the first step of the resolution process. If an employee feels that they are able to raise the matter directly with their colleague face-to-face then advice and support should given in arranging an appropriate time and surroundings in which to meet. It is important to remember the focus of the discussion should be identifying a solution to resolve the situation and agreeing how they will move forward with their relationship.

  • Ref: HR-0052-v1.1 Page 13 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    1.3 Support for the subject of the complaint It is important to remember that a concern being raised linked to bullying or harassment is an extremely difficult experience for any individual. If a manager has been made aware of a concern the following support should be offered / given to the subject of the complaint:

    • Informal discussions should take place with the subject in a private and confidential setting in order for them to explore their perception of events. It is not unusual for the subject to be unaware of the impact of their behaviour.

    • Encouragement should be given to think objectively about the complaint and how the matter may be resolved.

    • Explore with the employee if there are any changes they feel they might make to adapt their behaviours, taking differences in opinions and culture into consideration.

    • A copy of the Bullying and Harassment Resolution Procedure should be made available to the employee.

    • If appropriate, arrange an informal facilitated conversation with both parties to look to identify a solution to resolve the concern/issue and explore a way to move forward.

    1.4 Guidance on conducting an Informal Facilitated Conversation The following is a guide to use when conducting an informal facilitated conversation:

    • Introductions given / reasons for the meeting explained. Ground rules for the way the meeting will be conducted will be agreed which may include:-

    o treating each other with respect, o actively listening to each other, o a commitment by both parties to proactively work together to identify and

    agree how the situation may be resolved. o the focus being on identifying a solution to resolve the problem and restore

    the relationship. • Gain an understanding of what has happened from the complainant asking for

    clear, specific examples such as dates, what was said/done, how it made them feel. Explore what it is they have found to be unacceptable.

    • A focus on how the actions have made the complainant feel should be established. • The subject of the complaint should be given the opportunity to respond. This may

    help them to understand the effects of his/her behaviour with the agreement to change it, as the alleged perpetrator may not know that their behaviour is unwelcome or upsetting.

    • Alternative appropriate behaviours should be agreed. • Both parties should actively listen and attempt to understand how their behaviour

    may have impacted on how the other person felt.

  • Ref: HR-0052-v1.1 Page 14 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    • It is hoped that an agreement can be reached on how the matter may be resolved

    to the satisfaction of the complainant. This may include specific actions/ behavioural changes agreed by both parties by the end of the meeting.

    • From this informal discussion it should be possible for the employee to assess if they feel the subject of the complaint has understood the effect their behaviour has had and whether they are prepared to change this.

    • The facilitator should take responsibility for arranging an informal review meeting to assess how things are progressing and to ensure the concerns remain resolved.

    This is an informal approach and should be treated as such. However both parties may wish to keep a note of what has been discussed/agreed/resolved with the date and time stated.

  • Ref: HR-0052-v1.1 Page 15 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 26 November 2018

    Appendix 2 - Notification of/Appeal against the outcome of a Formal Bullying and/or Harassment Complaint

    TEES, ESK AND WEAR VALLEYS NHS FOUNDATION TRUST Notification of Formal Bullying and/or Harassment Complaint* / Appeal against a the outcome of a Formal Bullying and/or Harassment Complaint * (* delete as appropriate)

    NAME of individual(s) raising bullying and/or harassment complaint or appeal: ………………………………………………………………………………………………….. JOB TITLE: ………………………………………………………………..…………………. DEPARTMENT AND BASE: …...………………………………………………………….. HOME ADDRESS FOR CORRESPONDENCE: ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. NAME OF COMPANION: .………………………………………………………………….. NATURE OF COMPLAINT OR REASONS FOR APPEAL: (please continue on a separate sheet if required) OUTCOME OF PREVIOUS ATTEMPTS TO RESOLVE THE COMPLAINT: Meeting Date: Who was present: Outcomes of Hearing: SIGNED: __________________________ DATE: ______________________ Please provide a copy of this form to the Human Resources Manager

  • Ref: HR-0052-v1.1 Page 16 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 08 August 2018

    Appendix 3 - Equality Analysis Screening Form Please note; The Equality Analysis Policy and Equality Analysis Guidance can be found on InTouch on the policies page

    Name of Service area, Directorate/Department i.e. substance misuse, corporate, finance etc.

    HR & OD

    Name of responsible person and job title Beverley Vardon-Odonkor, Head of HR and Workforce Assurance

    Name of working party, to include any other individuals, agencies or groups involved in this analysis

    HR Policy Working Group, JCC

    Policy (document/service) name Bullying and Harassment Resolution and Reporting Procedure

    Is the area being assessed a… Policy/Strategy Service/Business plan Project

    Procedure/Guidance x Code of practice

    Other – Please state

    Geographical area covered Trust wide

    Aims and objectives The procedure outlines how staff can address conflict situations such as bullying and harassment which may arise during their time at work.

    Start date of Equality Analysis Screening

    1st June 2017

    End date of Equality Analysis Screening

    3rd July 2018

  • Ref: HR-0052-v1.1 Page 17 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 08 August 2018

    You must contact the EDHR team if you identify a negative impact. Please ring Sarah Jay or Ian Mhlanga on 0191 3336267/3046 1. Who does the Policy, Service, Function, Strategy, Code of practice, Guidance, Project or Business plan benefit? Staff

    2. Will the Policy, Service, Function, Strategy, Code of practice, Guidance, Project or Business plan impact negatively on any of the protected characteristic groups below?

    Race (including Gypsy and Traveller) No Disability (includes physical, learning, mental health, sensory and medical disabilities)

    No Sex (Men, women and gender neutral etc.)

    No

    Gender reassignment (Transgender and gender identity)

    No Sexual Orientation (Lesbian, Gay, Bisexual and Heterosexual etc.)

    No Age (includes, young people, older people – people of all ages)

    No

    Religion or Belief (includes faith groups, atheism and philosophical belief’s)

    No Pregnancy and Maternity (includes pregnancy, women who are breastfeeding and women on maternity leave)

    No Marriage and Civil Partnership (includes opposite and same sex couples who are married or civil partners)

    No

    Yes – Please describe anticipated negative impact/s No – Please describe any positive impacts/s The procedure outlines how staff may take forward any work related relationship concerns they may have with a view to resolving issues constructively at the earliest possible stage. The focus is very much on discussing the problem being experienced with a view to improving a difficult situation.

  • Ref: HR-0052-v1.1 Page 18 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 08 August 2018

    3. Have you considered other sources of information such as; legislation, codes of practice, best practice, nice guidelines, CQC reports or feedback etc.? If ‘No’, why not?

    Yes X

    No

    Sources of Information may include: • Feedback from equality bodies, Care Quality

    Commission, Equality and Human Rights Commission, etc.

    • Investigation findings • Trust Strategic Direction • Data collection/analysis • National Guidance/Reports

    • Staff grievances • Media • Community Consultation/Consultation Groups • Internal Consultation • Research • Other (Please state below)

    4. Have you engaged or consulted with service users, carers, staff and other stakeholders including people from the following protected groups?: Race, Disability, Gender, Gender reassignment (Trans), Sexual Orientation (LGB), Religion or Belief, Age, Pregnancy and Maternity or Marriage and Civil Partnership

    Yes – Please describe the engagement and involvement that has taken place

    Staff Side Representatives – focus group to develop process.

    No – Please describe future plans that you may have to engage and involve people from different groups

  • Ref: HR-0052-v1.1 Page 19 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 08 August 2018

    5. As part of this equality analysis have any training needs/service needs been identified? Yes

    Yes/No Please describe the identified training needs/service needs below Awareness raising sessions will need to take place to publicise the new procedure. Line managers and staff will benefit from training aimed at how to participate in a facilitated conversation or mediation. How might issues be earlier resolved at an informal stage rather than formally.

    A training need has been identified for;

    Trust staff Yes Service users No Contractors or other outside agencies

    No

    Make sure that you have checked the information and that you are comfortable that additional evidence can provided if you are required to do so

    The completed EA has been signed off by: You the Policy owner/manager: Type name: Beverley Vardon-Odonkor

    Date: 03/07/2018

    Your reporting (line) manager: Type name: David Levy

    Date: 03/07/2018

    If you need further advice or information on equality analysis, the EDHR team host surgeries to support you in this process, to book on and find out more please call: 0191 3336267/3046

  • Ref: HR-0052-v1.1 Page 20 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 08 August 2018

    Appendix 4 – Approval checklist To be completed by lead and attached to any document which guides practice when submitted to the appropriate committee/group for consideration and approval.

    Title of document being reviewed: Yes/No/

    Unsure Comments

    1. Title

    Is the title clear and unambiguous? Yes

    Is it clear whether the document is a guideline, policy, protocol or standard? Yes

    2. Rationale

    Are reasons for development of the document stated? Yes

    3. Development Process

    Are people involved in the development identified? Yes

    Has relevant expertise has been sought/used? Yes

    Is there evidence of consultation with stakeholders and users? Yes

    Have any related documents or documents that are impacted by this change been identified and updated?

    Yes

    4. Content

    Is the objective of the document clear? Yes

    Is the target population clear and unambiguous? Yes

    Are the intended outcomes described? Yes

    Are the statements clear and unambiguous? Yes

    5. Evidence Base

    Is the type of evidence to support the document identified explicitly? Yes

    Are key references cited? Yes

    Are supporting documents referenced? Yes

    6. Training

    Have training needs been considered? Yes

    Are training needs included in the document? Yes

    7. Implementation and monitoring

    Does the document identify how it will be Yes

  • Ref: HR-0052-v1.1 Page 21 of 21 Ratified date: 08 August 2018 Bullying and Harassment Reporting and Resolution Procedure Last amended: 08 August 2018

    Title of document being reviewed: Yes/No/

    Unsure Comments

    implemented and monitored?

    8. Equality analysis

    Has an equality analysis been completed for the document? Yes

    Have Equality and Diversity reviewed and approved the equality analysis? Yes

    9. Approval

    Does the document identify which committee/group will approve it? Yes

    Signature:

    Bullying and Harassment Reporting and Resolution ProcedureRef HR-0052-v1.11 Introduction2 Why we need this procedure2.1 Purpose2.2 Objectives

    3 Scope3.1 Who this procedure applies to

    4 Principles4.1 What is harassment and bullying?4.2 Differences between Management and Bullying/Harassment4.3 Conflict4.4 Raising a concern about harassment or bullying4.5 Informal Local Resolution4.6 Facilitated Resolution4.7 Resolution through Mediation4.8 Considering raising a concern formally4.9 Formal procedure - submitting a formal complaint

    5 Definitions6 Related documents7 How this procedure will be implemented8 Document controlAppendix 1 - Guidance on local resolution and conducting a facilitated informal conversationAppendix 2 - Notification of/Appeal against the outcome of a Formal Bullying and/or Harassment ComplaintAppendix 3 - Equality Analysis Screening FormAppendix 4 – Approval checklist