NAME OF CENTRE ________________________________________________________________ SAMPLE POLICY ON DIGNITY & RESPECT IN THE WORK / BULLYING AND HARRASMENT ________________________________________________________________ DATE CONTENTS 1. Purpose of the Policy 2. Definitions 3. 4. 2.1 Examples of Harassment 2.2 Third Part Harassment 2.3 Examples of sexual harassment 2.4 Examples of bullying 1.5 Victimisation Complaints Procedures 3.1 Informal Procedures 3.2 Formal Procedures 3.3 Definitions of Grievance 3.4 Stages Outcomes Disclaimer: West Training & Development Ltd. and Framework (South East) Ltd. have taken all reasonable care in relation to the accuracy of the information in this document. The information is intended as a guide only and does not purport to be a legal interpretation. West Training and Framework do not make any warranties regarding the accuracy or completeness of the data. West Training and Framework recommend that when Centres require legal advice they should contact their own Solicitors/Legal Advisors and when Centres require information on child welfare and protection they contact the Child and Family Agency or the Gardaí. 1. PURPOSE OF THIS POLICY ……………………………….acknowledges the rights of its entire staff to dignity in the workplace and an environment free from any form of harassment / sexual harassment or bullying. Further more, the …………………………will not tolerate any employee, regardless of their position, or a VBOM member(s) or any other individual(s), treating a fellow worker / volunteer with anything that is less than their due dignity. Every member of staff has an obligation to be aware of the effects of their behaviour on others. Any instances of harassment or bullying will be dealt with in an effective and efficient manner. In cases where the behaviour is proved, to be repeated and consistent causing unnecessary stress and anxiety this will be considered gross misconduct. The ……………………………reserves the right to use the disciplinary procedures up to and including dismissal. As part of ………………………Code of Conduct, it is imperative that all staff respect the dignity of individuals both inside and outside of the Centre. Consideration should be given to the multi-cultural beliefs of all individuals regarding code of conduct with particular reference to remarks, dress code, posters, e-mails and anything which may cause offence to a persons’ gender, martial status, race, religion, family status, age, sexual orientation, member of the travelling community and disability. The policy adopts a two tiered approach (the informal and formal procedures) to the issues of bullying and harassment. This policy defines the behavior that constitutes harassment, bullying and sexual harassment and identifies the procedures that are in place to deal with it. Allegations of harassment, sexual harassment or bullying are treated very seriously by …… …………………………….. and prompt action will be taken to investigate any complaint. Where there is a breach of policy, disciplinary action will be taken as appropriate and may include summary dismissal. Scope of the Policy This policy is applicable both in the workplace and at associated events i.e. training, meetings, conferences and social events whether on or off site and applies to: All employees (temporary and permanent), Directors; Voluntary workers; External contractors; Centre users and visitors to the Centre. …………………………….expects that everyone involved in the Centre has the responsibility to prevent harassment, sexual harassment and bullying and to report any instances that they are party or witness to. 2. DEFINITIONS 2.1 Examples of harassment Harassment is any act or conduct relating to the following grounds – marital status, family status, sexual orientation, religion, gender, age, disability, race or membership of the Traveller Community. Harassment is any action or conduct which is unwelcome to the employee and could reasonably be regarded as offensive, humiliating or intimidating and can include: Non-verbal – This may include looks, gestures, isolation, exclusion; Verbal – This may include jokes, comments, shouting, emails, notices, letters, text messages, unfair and excessive criticism; Physical – This may include abusive behaviour, the production, display or circulation of written words, pictures or other material. Harassment may consist of a single incident or repeated inappropriate behaviour. The above examples are not exhaustive and only serve as a guideline to employees. Each case will be taken in isolation and dealt with in an appropriate manner. 2.2 Examples of third party harassment If an employee suffers harassment from a volunteer, somebody using the Family Resource Centre or an external contractor the ……………………….will take appropriate action to ensure that the harassment does not continue. The ………………….. is obliged to inform the alleged harasser that this conduct is not acceptable. 2.3 Examples of sexual harassment Sexual harassment is defined as conduct of a sexual nature which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment. Such conduct may take the form of unwanted verbal, non-verbal or physical advances of a sexual nature. This may include acts of physical intimacy, any requests for sexual favours, or any other act or conduct including spoken words, gestures or the production, display or circulation of written words, pictures or other material. Sexual harassment can take the following forms, Non-Verbal – this may include: The displaying of pornographic or sexually suggestive pictures, objects, written materials, emails, text messages and faxes; Leering or making sexually suggestive gestures. Verbal conduct – this may include: Sexual advances, propositions or pressure for sexual activity; Continued suggestions for social activity outside the workplace after it has been made clear that such suggestions are unwelcome, unwanted or offensive flirtations; Suggestive remarks, innuendos or lewd comments. Physical conduct – this may include: Unwanted physical contact such as touching, patting, pinching or brushing against another employee’s body; Assault and coercive sexual intercourse. The above examples are not exhaustive and only serve as a guideline to employees. Each case will be taken in isolation and dealt with in an appropriate manner. 2.4 Examples of bullying Workplace bullying is defined as “repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual'’ right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a once off it is not considered to be bullying. The following is an example of the types of behaviour considered as bullying and are prohibited by the ……………………………… Verbal Abuse – This may include: Unnecessary work interference; Private or public humiliation; Shouting; Making jokes; Unfair and excessive criticism; Ridiculing the staff member in front of other staff members and individuals; Setting unrealistic and unattainable targets; Not giving credit for work contribution; Spreading false truths about the individual around the Centre etc.; Repeated impossible deadlines or unattainable targets. Non Verbal Abuse – This may include: Looks; Gestures / whistling; Displaying emblems on clothing; Posters, graffiti, obscene gestures, displaying of emblems; Isolation and exclusion at lunch breaks or social events etc.; Making it difficult for employees to have access to necessary information. Physical Abuse - This may include: Unwanted physical contact ranging from touching to assault Hitting; Bodily contact that is abusive in nature; Shaking fists in a threatening manner; Vandalism of personal property; Intimidation and threats in general. The above list is not exhaustive and only serves as a guideline to staff. Each case will be taken in isolation and dealt with in appropriate manner. 2.5 Victimisation Victimisation is where an individual is given less favorable treatment than others in the same circumstances because s/he has made an allegations or complaints. There are wide ranging forms of victimisation including making life difficult for a person, general unpleasantness and blocking opportunities for promotion. 3. COMPLAINTS PROCEDURE If an individual believes that they are the victim of bullying or harassment they should take into account the following points: The individual should remain as calm as possible; They should record the incidents including dates, times, what was said or done during the alleged incidents and if there were any witnesses; Write down how the incident of bullying or harassment made them feel at the time; Try and confront the bully / harasser and inform him / her that you find their behaviour unacceptable and ask them to stop; Talk to a colleague, direct Line Manager or a member of Staffing Sub-group about the incidents; Keep copies of any materials you may receive from the perpetrator(s), as this may be needed at a later date; Read the Dignity at Work Policy; Don’t feel that you have encouraged this behaviour or that it is your fault. All employees have a right to make a complaint if they feel they have been harassed, sexually harassed or bullied. There is a two-tiered approach (the informal and formal procedures) which the employee should follow. 3.1 Informal procedures It is often preferable for all concerned that allegations of bullying and harassment are dealt with informally if possible. The informal procedure is likely to produce solutions which are speedy and effective and minimize embarrassment and the risk of breaching confidentiality. The employee may be unaware that his/her actions are inappropriate or these actions may have been misinterpreted. The purpose of the informal procedure is to ensure that the majority of cases will be handled effectively and efficiently, and in a confidential and sensitive manner. If possible the recipient of the harassment, sexual harassment or bullying should approach the alleged perpetrator(s) and explain clearly that the behaviour in question is unacceptable. The individual should also inform the alleged perpetrator(s) of ……………………….Policy on Harassment, Sexual Harassment and Anti-bullying and advise him/her that a continuance of this behaviour will result in them making a formal complaint. The individual may also approach their immediate Line Manager or a member of the Staffing Sub-group (SSG) or Voluntary Board of Directors (VBOD) for support in approaching the alleged perpetrator(s) or for advice if they are unsure whether the behaviour constitutes a form or bulling/harassment. ………………………………………….recognises that it may not always be practical to use the informal procedure particularly where the bullying/harassment is of a serious nature or where the person(s) concerned are at different levels in the Centre. In such instances, the employee should use the formal procedures outline below. 3.2 Formal procedures In the event that the informal procedure has failed or is inappropriate, the following steps must be followed if a formal complaint is being made. STEP 1: The individual should make the initial complaint in writing to the direct Line Manager naming the alleged perpetrator, detailing the incidents and identifying any witnesses. Should the complaint be in relation to the direct Line Manger the complaint should be submitted to a member of Staffing Sub-group; STEP 2: In the interests of natural justice the alleged harasser/bully will be notified in writing of the nature of the complaint and will be advised that they shall be afforded a fair opportunity to respond to the allegation(s) and have a right to reply. STEP 3: Designated members of the Staffing Sub-group or their representatives will interview the complainant to explore the possibility of resolving the issue through mediation and resolving the issue informally. If mediation is inappropriate a formal investigation will be conducted to determine the facts. The investigation will be conducted by designated members of Staffing Sub-group or their representatives, who can be considered to be impartial. STEP 4: The investigation will be conducted quickly, thoroughly and objectively. All involved in the investigation must respect the need for confidentiality and discretion; STEP 5: Interviews will be held with the complainant, the alleged perpetrator(s) and any witnesses or relevant persons. At the interviews both the complainant and the alleged perpetrator(s) has the right to representation by a trusted colleague or person of their choosing. STEP 6: When the investigation has been completed both parties will be informed in writing as to whether the complaint has been upheld. All complaints will be treated seriously. Strict confidentiality and proper discretion will be maintained as far as is possible to safeguard both parties from innuendo and harmful gossip. STEP 7: Both parties will be given the opportunity to comment on the findings of the investigation before any action is decided upon. 4. OUTCOMES Should the complaint be upheld, the following actions will be taken: The appropriate disciplinary action will be taken in line with the …………………………….. disciplinary procedure up to and including termination of employment, depending on the seriousness of the violation; Records of any warnings for bullying or harassment will remain on an employees file and will be used if any further allegations of a similar nature occur in the future; If a complainant is dissatisfied with the outcome of the investigation they may appeal the decision within five working days in writing to the Chairperson. The Chairperson will consider the appeal and the decision will be issued in writing within five working days; Retaliation of any kind against an employee for complaining or taking part in an investigation concerning bullying or harassment will be dealt with under the disciplinary procedure. This Policy was discussed and ratified at a meeting of the Voluntary Board of Directors on: Date: Signed by Chairperson: Signed by Director: