CENTRAL MANCHESTER AND MANCHESTER CHILDREN’S
UNIVERSITY HOSPITALS NHS TRUST
FAIR TREATMENT POLICY
1.
POLICY STATEMENT
Within the context of the Trusts Equality and Diversity policy it is the responsibility of the Trust to
create a culture in which all employees have the right to be treated with dignity and respect, free
from intimidation and harassment.
The Trust recognises unfair treatment as a serious offence and will not tolerate any form of
harassment by employees. It can be unlawful and is upsetting and humiliating. Unfair treatment
may effect physical and mental health and lead to poor work performance and to absenteeism.
Any complaint of unfair treatment must not be ignored and all cases must be dealt with promptly,
confidentially and fairly
2.
AIM
The aim of this policy is to:
 Increase awareness of the unacceptability of any form of unfair treatment.
 Provide a mechanism for complaints to bring forward cases for resolution.
 Communicate the supporting infrastructure
3.
DEFINITIONS
Bullying
This is defined as ‘The unwanted behaviour, one to another, which is based upon the
unwarranted use of authority or power’
Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an
abuse or misuse of power through means intended to undermine, humiliate, denigrate or
injure the recipient.
Racial or sexual harassment or harassment based on for example sexuality or disability,
may take the form of bullying.
Harassment
In general terms, harassment can be described as any unwanted behavior, or perceived
unwanted behavior, which an individual finds intimidating, upsetting, embarrassing,
humiliating or offensive. Stalking is an extreme form of harassment.
Harassment is identified by the effect that it has on the recipient, not by the intention/ nonintention on the part of the perpetrator
People can be subject to undignified behavior on a wide variety of grounds, examples of these
are:
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Race, ethnic origin, nationality and skin colour
Gender or sexual orientation
Willingness to challenge harassment (leading to victimisation)
Membership or non-membership of a Trade Union
Disabilities, sensory impairments or learning difficulties
Status as an ex-offender
Age
Real or suspected health status
Physical characteristics
Personal beliefs
AIDS/ HIV (real or suspected)
LEGAL FRAMEWORK
Harassment on the grounds of sex, race, disability, sexual orientation and religion are all
prohibited by UK law. Employers are liable for the activities of their employees where they
know, or should know, about their conduct and take no action to prevent inappropriate
behaviour. Harassment on the grounds of age is currently unlawful within EC legislation.
Employees should be aware that claims may be brought against them under the Protection
from Harassment Act (1997) where victims can call upon the police to investigate instances
of harassment at work or outside work. The maximum sentence for the criminal offence of
harassment will be six months imprisonment and/or fine.
Employees are able to bring complaints under laws covering discrimination and
harassment. For example:
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Sex: the Sex Discrimination Act gives protection against discrimination and
victimisation on the grounds of sex, marriage or because some one intends to
undergo, is undergoing or has undergone gender reassignment.
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Race: the Race Relations Act gives protection against discrimination and
victimisation on the grounds of colour or nationality. The regulations that amended
the Act (Race Regulations 2003) also give a stand alone right to protection form
harassment on the grounds of race and ethnic or national origin.
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Disability: the Disability Discrimination Act 1995 gives protection against
discrimination and victimisation.
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Sexual Orientation: the Employment Equality (Sexual Orientation) Regulations 2003
give protection against discrimination and harassment on the grounds of sexual
orientation (orientation is defined as ‘same sex’ – lesbian/ gay – ‘opposite sex –
heterosexual and ‘both sexes’ – bi-sexual)
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Religion or Belief: the Employment Equality ( Religion or Belief) Regulations 2003
give protection against discrimination and harassment on the grounds of religion or
belief.
Unacceptable Behaviour
In all cases it will be for the recipient to define what inappropriate behaviour is although
typical examples will include:
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Derogatory comments, remarks, jokes
Insulting behaviour or gestures
Offensive or suggestive literature or remarks
Embarrassing, threatening, humiliating, patronising or intimidating remarks
Unwanted physical contact
Physical or verbal assault
Unwelcome sexual advances
Undermining a person’s self-esteem
Wearing offensive clothing, motifs or attire
Ignoring or excluding someone
‘At work’
This includes any place where the occasion can be identified with either the requirements of
the employer, or with social events linked to the same employment. It includes any place
where NHS care is delivered.
4.
SCOPE
The policy applies to all workers employed by the Trust.
The policy will also cover the investigation of complaints of harassment or bullying made by
contract staff against Trust employees.
Violence, aggression or harassment of Trust employees by patients, members of the public
or contract staff is addressed under the Trust’s Health & Safety procedures.
Employees failing to fulfil their responsibility under this policy may be subject to disciplinary
action and single offences which amount to a serious breach of this policy, or repeated
offences which have previously been subject to disciplinary action, may result in dismissal in
accordance with the Trust’s Disciplinary Procedure.
5.
THE EMPLOYEE’S RESPONSIBILITIES
Every employee has a responsibility to behave in a manner which is not offensive to others
maintaining the dignity of colleagues. Employees have a responsibility to appropriately
challenge unacceptable behaviour rather than ignore it. See section 9 for support sources
available.
6.
THE MANAGER’S RESPONSBILBITES
All those with staff management responsibilities have a particular responsibility for ensuring
this policy is implemented by communicating the policy and resolving any instances of
harassment or bullying quickly and confidentially.
Managers are expected to be a role model in behaviour that demonstrates fair treatment at
work.
7.
TRADE UNION RESPONSIBILITIES
All trade union representatives are expected to communicate and raise awareness of the
policy and to provide support and assistance to staff and managers in order to resolve
instances of harassment or bullying.
Trade Union Representatives are expected to be role model in behaviour that demonstrates
fair treatment at work.
8.
SUPPORT SOURCES
Advice and support may be obtained from any of the following:
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Line Manager (if appropriate) or other senior manager that is approachable
Trade Union Representative
Human Resource Manager or Human Resource Advisor
Individual Professional Organisation
Fair Treatment Advisors
Nominated mentor
All staff directly involved in complaints of unfair treatment will receive regular confidential
updates of the progress of the informal/ formal action being taken.
STAFF SUPPORT SERVICE
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9.
Individuals can self refer and access this service even when off on sick leave. The
service can also be used during working hours.
Outside counselling organisations.
Counselling is also available through GP’s
CONFIDENTIALITY
Confidentiality is vital so that staff feel able to raise a complaint without the fear of it
becoming a subject of gossip. All staff involved in any complaint, investigation or
subsequent action have a responsibility to maintain strict confidentiality.
Breaches in confidentiality may be dealt with using the Trust Disciplinary Procedure.
10.
MALICIOUS COMPLAINTS
It is extremely rare, but occasionally after the investigation has been completed it is evident
the complaint has been made maliciously. In this event the complainant will be subject to
disciplinary action. It must be stressed, however, that this should in no way deter genuine
complaints of unfair treatment, which will be dealt with sympathetically, with a view to a
constructive outcome.
11.
MONITORING
All complaints of unfair treatment will be recorded on the Employee Monitoring form, a copy
of which is attached (Appendix B). It is the responsibility of the person to whom the
harassment or bullying is reported, to complete the form and to forward the completed form,
in confidence, to their Divisional Human Resource Advisor.
The monitoring forms will be compiled annually to provide a detailed report including trend
analysis and action taken.
12.
TRAINING AND AWARENESS
This policy will be drawn to the attention of all new employees as part of the induction
process. A leaflet outlining the main features of the Policy will be included as part of the
employees induction package. Employees will be advised that full copies of the policy are
available via the Intranet or in the Employment Policy & Procedures Manual which is
available in every ward or department.
The Trust recognises that successful implementation of this policy requires a range of
appropriate training interventions across all levels of the organisation.
Managers will receive skills training in how to carry out their responsibilities under the policy
as part of the ongoing management development programmes.
Fair Treatment Advisors, who will be staff selected from a range of backgrounds across the
Trust, will be provided with tailored training in order to support staff effectively.
Key staff responsible for resolving complaints will receive appropriate training.
15
PROCEDURE FOR DEALING WITH COMPLAINTS
In dealing with a complaint of unfair treatment an individual may choose, in the first
instance, to tackle the problem informally. This does not undermine the serious nature of
unfair treatment but it may be less upsetting to those concerned.
If this action is unsuccessful, or if the nature of the harassment and/ or bullying is sufficiently
distressing, the individual may request that formal investigation be undertaken.
Although the decision to proceed with a complaint has to be made by the individual,
employees must not be discouraged from progressing with the formal procedure if they
prefer this option. Support is available as detailed in section 9. In exceptional circumstances
where legal obligations need to be met the complainant will need to be advised if formal
action is required.
There may, however, be instances where the seriousness of the complaint warrants formal
disciplinary action and possibly criminal proceedings. In such circumstances the Trust must
give consideration to both the individual complainant and the larger workforce taking action.
It is important that employees keep a diary of all incidents, records of dates, times and any
witnesses, feelings etc. Copies of relevant documentation should be kept including reports,
letters, memo’s and notes of meetings. Bullying and harassment often reveal themselves
through patterns of behaviour and frequency of incidents.
A flow chart detailing the process and approaches is attached at Appendix A.
16
INFORMAL PROCEDURE
Any employee who feels that they or others have a complaint which breaches this policy,
have a variety of options within the informal procedure these include:
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Tell the person(s) directly concerned that their behaviour is offensive, unwanted and
that it should stop.
Put the issues in writing directly to the person concerned, keeping a dated copy of
the letter.
Ask a manager, work colleague or Trade Union representative to speak to the
person(s) on their behalf.
An employee’s manager may feel that Training or development of the team to
address the culture and raise individuals’ awareness of acceptable and unacceptable
behaviour at work may be appropriate. This is to be discussed with the employee as
an option.
Mediation
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Informal action is a serious response to allegations of unfair treatment. The resolution of
complaints using the informal approach may also lead to more long lasting solutions.
Informal action may be sufficient to halt the harassment or bullying especially if the alleged is
unaware that s/he is casing offence.
16.1 Mediation
The Trust mediation service can also provide assistance through informal resolution:
Mediation is a voluntary process whereby a neutral third party intervenes into a conflict or
dispute situation to help the parties reach a satisfactory outcome.
Mediation creates a safe environment where all parties are able to communicate and work
towards the restoration of a positive working relationship. Mediation is a structured process,
which encourages all parties to identify, consider and discuss their own, and each other’s
current and future needs. The Trust mediators encourage and facilitate open and honest
communication; this often leads to increased awareness, understanding and empathy.
A mediation referral form is attached (Appendix C)
17
FORMAL PROCEDURE
The formal procedure will be invoked:
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If the seriousness of the incident determines this route, or
If the complainant expressly wishes to make a formal complaint, or
If all attempts at informal resolution have failed.
Should the formal approach be initiated following attempts for informal resolution, a full and
impartial review of all informal action will be conducted as an alternative to an investigation.
The review will involve an impartial manager and HR representative reviewing the informal
action that had been undertaken, assessing the processes and the decision making. It will
not result in a new investigation being undertaken.
17.1 Right to be Accompanied
Employees have the right to be accompanied at any stage of the Formal Procedure by either
an accredited Staff Representative(s) or full time official(s) of a recognized staff organisation,
or by a fellow worker who must be an employee of the Trust. Where reference is made in the
procedure to an ‘accredited staff representative’ this should also be taken to mean a full time
official as appropriate.
Employees have no right under this procedure to be accompanied by anyone else (e.g. a
spouse, partner, other family member, or legal representative) other than those persons
previously referred to.
17.2 Investigating a Complaint
It is important to deal with complaints quickly and thoroughly (see time limits set out in section
17.3)
Confidentiality must be maintained as far as possible and the rights of all the individuals
concerned must be considered. The investigation should be conducted by an appropriate
manager. The Human Resource Directorate will provide advice and guidance during the
investigation.
The sensitive nature of harassment or bullying poses additional challenges during the
investigation, therefore, such investigations must be conducted promptly, thoroughly and
impartially with due regard for the rights of both the complainant and the alleged bully or
harasser. For these reasons, the following guidance must be observed:
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The investigator(s) must not be connected with the allegation
The investigation must be based on objectivity rather than preconceptions
Confidentiality must be maintained by everyone involved, including witnesses, at all
times.
In cases where a serious allegation is made then it may be appropriate to consider the
possibility of moving the alleged harasser or bully to another work area whilst the
investigation is conducted. If this is not possible consideration may need to be given to
suspending the alleged harasser or bully from duty, on full pay, until the investigation has
been completed. HR advice must always be sought prior to suspending any member of
staff.
17.3 Time Limits
The objective will be to complete the Formal Procedure (excluding weekends and public
holidays) in 15 working days, i.e. a maximum of three working weeks. In certain
circumstances, however, it may be necessary to extend the time limit with the agreement of
both parties. In most circumstances the complex nature of cases often results in an
extension to the time limit.
17.4 Stage 1
The complainant should raise the matter either in writing or verbally to an appropriate
person e.g. manager, human resources or a trade union representative.
An investigating officer will be nominated who will explore in detail the complaint with the
complainant.
17.5
Stage 2
The Line Manager or the Investigating Manager will meet with the employee against whom
the complaint has been made, to inform him/her of the nature of the complaint and that the
matter is to be formally investigated and these details must be confirmed in writing.
The Investigating Manager should carry out a full investigation, collecting evidence and/or
taking statements from the complainant, the alleged harasser/bully and any witnesses.
17.6 Stage 3
Following the outcome of the investigation the Investigating Manager should hold separate
meetings with both parties and their representatives and report on the outcome of the
investigation, including any action that will be taken e.g. No case to answer but
recommendations made or case to answer and disciplinary procedures invoked.
The Investigating Manager’s decision will include consultation with the Line Manager of the
employee(s) against whom the complaint has been made, who will attend if necessary. The
outcome of the meetings must be confirmed in writing to both parties.
Any action agreed under 17.5 above should be monitored and reviewed by the Line
Manager at a dated agreed by both parties.
If the investigation determines there is a case to answer reference to the Trusts Disciplinary
Procedure Section 9 Formal Stages of the Disciplinary Procedure for action.
18 RIGHT OF REVIEW
If either the complainant or the alleged harasser/bully is not satisfied with the outcome of the
Formal Procedure then he/she can write to the Director of Human and Corporate
Resources, within ten working days of receipt of the Investigating Manager’s letter
confirming the outcome of Stage 3, to request a review.
The review with involve an impartial manager and HR representative reviewing the
investigation that had been undertaken, assessing the processes and the decision making.
It will not result in a new investigation being undertaken.
19 DATE OF OPERATION
This policy has been agreed with Staff Side representatives and adopted by the Trust Board
with effect from 1st February 2006. The policy will be reviewed no later than 31st January
2008 or, if required, by changes in legislation, significant developments in employment law
practice or at the request of the Joint Secretaries of the Trust Negotiating and Consultative
Committee.
20 ASSOCIATED POLICIES
Disciplinary Procedure
Grievance Procedure
Equality and Diversity in Employment.
Fair Treatment Flow Chart
APPENDIX A
APPENDIX A
Fair Treatment Flow Chart
Incident
Pursue under Informal Procedure
Recipient unable to personnally
approach individual
Seeks support from manager etc
to raise the issue with harasser/
bully on their behalf etc
Recipient tells the individual to
stop
Behaviour stops and no further
action required
Monitor situation. Send
monitoring form to HR
Behaviour stops and no further
action required
Refer case to mediation service
Send monitoring form to HR
Behaviour continues or
complainant dissatisfied with
outcome
Pursue under Formal
Procedure
Recipient chooses to persue
formal procedure
Verbal or written complaint to
manager/ TU representative
Investigatory process
No case to answer
Case to answer refer to the
Trusts Disciplinary Procedure
Send monitoring form to HR
Send monitoring form to HR
APPENDIX B
Fair Treatment Monitoring form
Ethnicity
Staff Group
British
Irish
Any other white background
White & Black Caribbean
White & Black African
White & Asian
Any other mixed background
Indian
Pakistani
el/rPaao/esriN laPoisoeforP
Support Nurse/ Midwife
eaoei/li rPloisrA
ArroPeiePsrP iel/rPaao/esr
rPeo/liasesnPl
sPeoi
rioPePoaP
Facilities
Band 1
Band 2
Band 3
Band 4
Band 5
Band 6
Band 7
Band 8
ssrPi‫ٱ‬
ePasrPi‫ٱ‬
Sex
Disability
Directorate
Banglasdeshi
Any other Asian background
Caribbean
African
Any other black background
Chinese
Any other ethnic group
Not stated
Yes
No
Children’s / CAMHS
Children’s / Clinical support services
‫ ٱ‬Children’s / Critical Care
‫ ٱ‬Children’s / Medicine
‫ ٱ‬Children’s / Surgery
‫ ٱ‬Children’s / Theatres
‫ ٱ‬Children’s / Radiology
‫ ٱ‬Children’s / Pharmacy
‫ ٱ‬CSS / Critical Care
‫ ٱ‬CSS / Labs
‫ ٱ‬CSS / Neurophysiology
‫ ٱ‬CSS / Pharmacy
‫ ٱ‬CSS / Radiology
Ward / Department ___
_________________________________________________
‫ ٱ‬CSS / Nuclear Medicine
‫ٱ‬CSS/Theatre,Anaesthetics,DSD
‫ ٱ‬MED / Acute & Rehab
‫ ٱ‬MED / Emergency Service
‫ ٱ‬MED / Heart Centre
‫ ٱ‬MED / Renal
‫ ٱ‬MED / Specialist med
‫ ٱ‬SUR / Acute surgery
‫ ٱ‬SUR / Specialist surgery
‫ ٱ‬Corporate
‫ ٱ‬Facilities
‫ ٱ‬REH
‫ ٱ‬Dental
i SMH
Details of complaint – Bullying/ Harassment/ Unacceptable Behaviour
Informal Procedure
Date from
Date to
Action
‫ ٱ‬Refer to Occupational health
‫ ٱ‬Action Plan
‫ ٱ‬Meetings
‫ ٱ‬Monitoring
‫ ٱ‬Investigation
‫ ٱ‬No Action
I Mediation
Formal Procedure
Date from
Date to
Action
‫ ٱ‬Action Plan / Monitoring
‫ ٱ‬Meetings
‫ ٱ‬No Action
‫ ٱ‬Transfer
‫ ٱ‬Investigation with suspension
‫ ٱ‬Investigation without suspension
Outcome
itPePyr/paPePii‫ٱ‬
ePsloenii‫ٱ‬
N/iAiPo/eii‫ٱ‬
glsoeoenii‫ٱ‬
tPi/aaPeesPo/eaii‫ٱ‬
i
Outcome
‫ ٱ‬Redeployment
‫ ٱ‬Hearing
‫ ٱ‬Training
‫ ٱ‬No Action
‫ ٱ‬Recommendations
i
Hearing
Date
Outcome
i
_________________
‫ ٱ‬No Action
‫ ٱ‬No Action but recommendations
Appeal
Date
Outcome
‫ ٱ‬First written warning
‫ ٱ‬Final written warning
Employment Tribunal
Date
Outcome
‫ ٱ‬Decision upheld
‫ ٱ‬Decision overturned
‫ ٱ‬Appellant withdrew
‫ ٱ‬Case settled
‫ ٱ‬Dismissal
‫ ٱ‬Decision upheld
‫ ٱ‬Decision overturned
Notes
detalpmoc asaCi‫ٱ‬
Manager _________________________
Date: _____________________________
HR Representative _______________
Date: _____________________________
HR Signature (confirmation of input on database): ____________________________
Database record number ______________
(you will automatically be allocated with a number by the database on input)
APPENDIX C
Workplace Mediation Referral Form.
Thank you for referring this case for mediation. This form should be completed, as fully as possible, and returned to
us at: Trust Mediation Service, c/o Staff Support Service, Ward 18,
Manchester Royal Infirmary
Alternatively you may wish to fax it to us at 0161 276 4432 or email clare.allen@cmmc.nhs.uk
1.
Details of referral and case closure (For Office Use)
Date referral received
Allocated to mediators
Date case completed/returned
Outcome of mediation.
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
Situation resolved.
Situation unresolved due to irreconcilable differences.
Parties refused to mediate or withdrew during mediation
Date of case review.
2.
Your details
Your name
Division
Position
Your contact address
Your contact phone number
Email address
Typical availability
3.
Details of participants
Please note that we contact all parties by phone in advance of mediation.
Name
Position
Department/section/directorate
Phone number
Email address
Typical availability
Nature of their relationship
4.
Please provide a brief summary of the situation
(please attach any relevant documentation if deemed appropriate)
5.
Please provide details of any action taken to date including outcomes.
(please continue on separate sheet if required)
6.
Please advise us of any specific needs of the parties. (Please continue on separate sheet as
required)
7.
Please outline your expectations of mediation. These will form our terms of reference
8.
Other relevant details (Please tick the appropriate box)
Yes
No
a. Are all parties are aware that this case is being passed to the Trust
Mediation Service for mediation?
b. Have the parties been provided with a copy of the Guide to Mediation?
c. Are all parties aware of your expectations of mediation?
d. Are all parties aware that they will be contacted by phone prior to
mediation commencing?
9.
Please use this space to provide any further information that you feel is relevant to this case.
(Please continue on separate sheets as required.)