Bullying and harassment policy

INTRODUCTION

All members of staff are entitled to be treated with dignity and respect in their place of work. This means freedom from behaviour by colleagues that meets a definition of bullying or harassment or that causes offense, and access to redress if such behaviour does arise. It also means standards of everyday behaviour that contribute to a working environment in which mutual respect and individual dignity are maintained.

Personal harassment takes many forms but whatever form it takes, it is unlawful under the Equality Act 2010 and will not be tolerated.

This policy will be reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness.

BULLYING AND HARASSMENT

Behaviour can constitute bullying or harassment where:

a) it violates the dignity of a member of staff on the grounds of their age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation (the protected characteristics); or where

b) it creates an intimidating, hostile and degrading, humiliating or offensive environment

Individual or accumulative acts can seriously undermine the dignity, confidence, and work satisfaction to such an extent that it has an effect on job performance, and general happiness both inside and outside work.

Conduct becomes bullying or harassment if it persists and it has been made clear that it is regarded as offensive by the recipient or a witness to the conduct, although a single offensive act can amount to harassment if it is sufficiently serious.

SCOPE

We deplore all forms of bullying and harassment and seek to ensure that the working environment is sympathetic to all those who work for us. This includes employees, workers, agency workers, volunteers, and contractors in all areas of our Company, including any overseas sites.

DEFINITIONS

BULLYING

Bullying is best described as unwanted behaviour from a person or group that is either:

a) offensive, intimidating, malicious or insulting

b) an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone

The bullying might:

a) be a regular pattern of behaviour or a one-off incident

b) happen face to face, on social media, in emails or calls

c) happen at work or in other work-related situations

d) not always be obvious or noticed by others

HARASSMENT

This is unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Unwanted conduct can include:

a) spoken words

b) banter

c) written words

d) posts or contact on social media

e) imagery

f) graffiti

g) physical gestures

h) facial expressions

I) mimicry

j) jokes or pranks

k) acts affecting a person’s surroundings

l) aggression, and

m) physical behaviour towards a person or their property.

DETRIMENTAL BEHAVIOUR BECAUSE OF AN ASSOCIATION WITH A PROTECTED CHARACTERISTIC

Bullying and harassment may not be based on the fact that a colleague belongs to a particular group, but simply because the individual has been singled out for such treatment or associates with someone of a protected characteristic. For example, this would include claiming someone is gay when they are not or making fun of someone who has a disabled relative. The bullying and harassment may take the following forms, though again this is not intended as an exhaustive list:

a) Limiting or withdrawing verbal communication

b) Isolating a colleague by unfriendly behaviour

c) Behaviour designed to belittle or produce anxiety in a colleague

d) Unreasonable scrutiny of work

e) Unreasonable criticism of work, and adopting double standards in expectations of work performance

f) Unreasonable denial of leave and/or special leave requests

g) Unreasonable denial of requests for flexible working

h) Work or staff social activities that deliberately exclude a colleague

I) Jokes or inappropriate humour at the expense of a colleague

STANDARDS OF WORK BEHAVIOUR

a) Courtesy towards colleagues

b) Consideration and understanding of the work demands of colleagues

c) Maintaining a temperate tone, and temperate language, in all verbal and written communication with colleagues

d) Avoidance of the use of foul language

e) Awareness of language and conduct which have the potential to offend a colleague

f) Obtaining the express or implied permission of a colleague before adopting familiarity in conduct or language

CIRCUMSTANCES WHICH ARE COVERED

This policy covers behaviour which occurs in the following situations:

a) a work situation

b) a situation occurring outside of the normal workplace or normal working hours which is related to work, for example, a working lunch or social event with colleagues;

c) outside of a work situation but against a colleague or other person connected to the Company, including on social media

d) against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role

WHAT TO DO IF YOU OR A COLLEAGUE IS SUBJECT TO BULLYING OR HARASSMENT

The company is committed to ensuring that there is no bullying or personal harassment in the workplace. Allegations of bullying or harassment will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of the grievance and disciplinary procedures which can be found in this employee handbook.

We recognise that complaints of bullying or personal harassment, can sometimes be of a sensitive nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. In these circumstances you are encouraged to share details of your situation with a ‘confidential helper’.

Confidential Helper – a confidential helper is a senior colleague of your choice (whether or not that person has direct supervisory responsibility for you). This person cannot be the same person who will be responsible for investigating the matter if it becomes a formal complaint.

Informal complaint

If you are the victim of minor bullying or harassment you should make it clear to the bully/harasser on an informal basis that their behaviour is unwelcome and ask the bully/harasser to stop. If you feel unable to do this verbally then you should hand a written request to the bully/harasser. Your confidential helper can assist you in this.

In addition, you may also request a 1-2-1 meeting with your manager to raise your concerns. Your manager will listen to you and take your concerns seriously. Managers, with the employee’s agreement, may address poor behaviours by:

a) explaining to the person whose behaviour was not acceptable that it needs to change

b) arranging mediation between the people involved

Managers may also encourage you to follow the formal reporting procedures set out below:

Formal complaint

Where the informal approach fails or if the bullying or harassment is more serious, you should bring the matter to the attention of Senior Head of Patient Services and Clinical Liaisons as a formal written complaint and again your confidential helper can assist you in this.

If possible, you should keep notes of the bullying or harassment so that the written complaint can include:

a) the name of the alleged bully/harasser;

b) the nature of the alleged bullying/harassment;

c) the dates and times when the alleged bullying/harassment occurred;

d) the names of any witnesses; and

e) any action already taken by you to stop the alleged bullying/harassment.

On receipt of a formal complaint, we will take action to separate you from the alleged bully/harasser to enable an uninterrupted investigation to take place. This may involve a temporary transfer of the alleged bully/harasser to another work area or suspension with contractual pay until the matter has been resolved.

The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. The meeting will normally be held within five working days of receipt of your complaint. You have the right to be accompanied at such a meeting by your confidential helper or another work colleague of your choice and you must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence may be a disciplinary matter.

On conclusion of the investigation, which will normally be within ten working days of the meeting with you, the decision of the investigator, detailing the findings, will be sent in writing to you.

You have the right to appeal against the findings of the investigator. If you wish to appeal, you must inform Group Chief Executive Officer within five working days. You will then be invited to a further meeting. As far as reasonably practicable, the Company will be represented by a more Senior Manager than attended the first meeting (unless the most Senior Manager attended that meeting).

Following the appeal meeting, you will be informed of the final decision, normally within ten working days, which will be confirmed in writing.

Regardless of the outcome of the procedure, we are committed to providing the support you may need. This may involve mediation between you and the other party or some other measure to manage the ongoing working relationship.

You will not be victimised for having brought a complaint.

DISCIPLINARY ACTION

If the decision is that the allegation is well founded, the bully/harasser will be liable to disciplinary action in accordance with our disciplinary procedure. An employee who receives a formal warning or who is dismissed for bullying or harassment may appeal by using our capability/disciplinary appeal procedure.

When deciding on the level of disciplinary sanction to be applied, we will take into consideration aggravating factors such as abuse of power over a more junior colleague.

If you bring a complaint of bullying or harassment you will not be victimised for having brought the complaint. However, if it is concluded that the complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.

THIRD PARTY HARASSMENT

Third party bullying or harassment occurs when one of our employees is subjected to bullying or harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our, service users, trustees and directors, volunteers, work shadowing individuals, self-employed contractors, suppliers, clients, professionals, members of the public. Friends and family of colleagues, delegates at a conference, events attendees, visitors to the office etc.

Third party harassment of our employees will not be tolerated.

Should you be subjected to third party harassment, you are encouraged to report this as soon as possible to a senior colleague, your manager or the HR Lead.

Should a third party harass a member of our workforce, we will investigate and take action as required. Any criminal acts will be reported to the police.

In order to prevent third-party harassment from occurring, we will:

a) have signage beside the sign-in app at reception to warn that bullying, harassment and victimisation of our staff is not acceptable

b) Inform third parties we work with of our zero-tolerance bullying, harassment and victimisation policy within our supplier documentation

c) inform customers by recorded message at the beginning of telephone calls of our zero-tolerance policy on bullying, harassment and sexual harassment.

d) Add wording to the bottom of our emails

e) Display the policy on our websites

The latest version of this policy document dated 22.10.2024 is available to all employees of the Society for Mucopolysaccharide Diseases within the employee handbook.

This policy document was approved by the Society for Mucopolysaccharide Diseases Board of Trustees and is issued by the Group Chief Executive Officer (“GCEO”) on a version-controlled basis.

Name of GCEO: Bob Stevens Date: 22.10.2024

Document history