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									                                         Wirral University Teaching Hospital
                                                                        NHS Foundation Trust




                                Policy Reference: 120




                 BULLYING & HARASSMENT POLICY


                                         Version: 2




Name and Designation    Carol Birchall, Human Resources Manager
of Policy Author(s)     Sharon Clarke, Human Resources Manager

Approved By             Service Improvement Programme Board
(Committee / Group)
Date Approved           13th August 2008

Date Ratified by HMB    19th September 2008

Date Published          16th June 2009

Review Date             22nd September 2011

Target Audience         All Staff
Links to Other
Strategies, Policies,   Any policy linked to performance, conduct, or equality and diversity.
Procedures, etc
Consultation, Communication and Implementation
Consultation Required        Authorised By      Date Authorised     Comments
                                                 th                 Screened for relevance – full impact
Impact Assessment           Margie Davies       7 April 2008
                                                                    assessment not required.
                                                                    Checked for workforce / development,
Policy Group                Melanie Maxwell     7th May 2008        medicines, finance, NHSLA standards or wider
                                                                    corporate implications.
                            Partnership Steering Group – 25/03/08
Other Stakeholders /
                            Policy Development Sub Group – 19/03/08
Groups Consulted as
                            HR Case Conference – 18/03/08
Part of Development
                            Director of Pharmacy and Risk Management for NHSLA
Trust Staff Consultation
                            23rd May 2008 – 23rd June 2008
via Intranet

Date notice posted in the Team                                 Date notice posted
                                    October 2008                                         September 2008
Information Exchange (TIE)                                     on the intranet

Describe the Implementation Plan for the Policy / Procedure
(Considerations include; launch event, awareness sessions, communication      By Whom will this be Delivered?
/ training via DMBs and other management structures, etc)
Associate Directors of Operations / Corporate Support Heads of
Departments approved policy at SIPB.
HR Managers to present the policy and procedure at Divisional and
Corporate Services Management Boards (DMBs and CSMBs) and                     The HR & OD Department
members of these Boards are responsible for updating their staff in their
Division/ Department. All new staff made aware of this policy and procedure
at induction.

Version History
  Date      Ver    Author Name and Designation                 Summary of Main Changes
                   Carol Birchall, HR Manager                  Inclusion of the use of the grievance procedure for
 Aug 2008      1
                   Sharon Clarke, HR Manager                   dealing with issues under the formal route
                   Carol Birchall, HR Manager                  Updated to include new KPI template – no change
 Jun 2009      2
                   Sharon Clarke, HR Manager                   in practice.
Monitoring Compliance with the Policy
Describe Key Performance Indicators (KPIs)                    Target      How will the KPI be Monitored?   Which Committee will     Frequency    Lead
                                                                                                           Monitor this KPI?        of Review
Trust Policy will state that bullying and/or harassment is                                                                            Every 3
                                                             In Policy    Minute indicating approval               SIPB                          Director of HR/OD
unacceptable                                                                                                                           years
The number of Grievances received as a result of
                                                               Zero       Performance Report                       SIPB              Annually    Director of HR/OD
informal procedure failing because of inadequate action
Application of the process for addressing concerns             100%       Performance Report                       SIPB              Annually    Director of HR/OD
Staff raising formal concerns offered support                  100%       Performance Report                       SIPB              Annually    Director of HR/OD
Improvement in Staff survey results in numbers of staff
who have experienced harassment from managers/team           Reduction    Performance Report                       SIPB              Annually    Director of HR/OD
leaders/colleagues
Improvement in Staff survey results in numbers of staff
                                                             Increase     Performance Report                       SIPB              Annually    Director of HR/OD
who felt that action was taken
                                                                No
Non compliance with mandatory training                        greater     Performance Report                       CGPB             Quarterly    Director of HR/OD
                                                             than 10%

Performance Management of the Policy
Who is Responsible for Producing Action Plans if KPIs are Not Met?               Which Committee Will Monitor These Action Plans?             Frequency of Review
                                                                                                                                          (To be agreed by Committee)
                                                                                                                                            6 monthly by exception for
Service Improvement Programme Board
                                                                                                                                            action plans re bullying and
Director of HR & Organisational Development for Corporate Actions                              Divisional Management Boards
                                                                                                                                                    harassment
Clinical Head of Division/Associate Directors of Operations of equivalent for              Service Improvement Programme Board
                                                                                                                                           Quarterly for non-compliance
Divisional Actions
                                                                                                                                             and Mandatory Training
                                                                  CONTENTS
Content                                                                                                                                                 Page
1      Introduction ..........................................................................................................................................1
2      Purpose.................................................................................................................................................2
3      Scope ....................................................................................................................................................2
4      Definitions ............................................................................................................................................2
5      Duties / Responsibilities .....................................................................................................................2
       5.1         Individual Roles.........................................................................................................................2
                   5.1.1 Director of HR & Organisational Development (HR & OD) ..........................................2
                   5.1.2 Associate Directors of Operations / Clinical Head of Division or Equivalent................3
                   5.1.3 Managers......................................................................................................................3
                   5.1.4 Human Resources Managers.......................................................................................3
                   5.1.5 Occupational Health and Trade Union Staff Representatives......................................3
                   5.1.6 All Staff .........................................................................................................................3
       5.2         Committee Roles ......................................................................................................................3
                   5.2.1 Hospital Management Board ........................................................................................3
                   5.2.2 Service Improvement Programme Board .....................................................................3
6      Processes for Raising and Resolving Concerns..............................................................................4
       6.1         The Informal Route ...................................................................................................................4
                   6.1.1 Process for Raising Concern........................................................................................4
                   6.1.2 Process for Addressing Concerns ................................................................................4
       6.2         The Formal Route – Grievance Procedure...............................................................................5
                   6.2.1 Process for Raising concern.........................................................................................5
                   6.2.2 Process for Addressing concerns.................................................................................5
7      Training.................................................................................................................................................7
8      Supporting & Counselling ..................................................................................................................7
9      References............................................................................................................................................8

Appendices

Appendix 1         Examples of Bullying & Harassment.........................................................................................9

Appendix 2         Mediation – Ground Rules / Process ......................................................................................10
1 Introduction
If Wirral University Teaching Hospital NHS Foundation Trust (WUTH) is to maximise the
wellbeing of its workforce and, therefore, its effectiveness, the Trust acknowledges that an
essential pre-requisite is the elimination and prevention of bullying and harassment. The
Trust is committed to providing an organisation free from bullying and harassment in all its
forms and will take all steps, in partnership with recognised Trade Unions to achieve this
objective including, where necessary, appropriate action in accordance with the agreed
disciplinary procedure.

Managers must ensure that all staff are treated fairly and within the provisions of the
Trust’s Equality, Diversity & Human Rights policy and the Single Equality Scheme.

It is not only unacceptable to discriminate, bully or harass – it is unlawful.

Bullying and harassment at work causes stress and anxiety that not only adversely affects
people’s working lives but may also have a detrimental affect on home life and social
relationships. Bullying and harassment can result in many stress-related illnesses, for
example: depression; fatigue; anxiety; headaches; sleep problems; nausea; cystitis and
digestive problems; or it can lead to stress related dependency on alcohol, cigarettes or
drugs. It may also cause emotional reactions such as anger, fear, anxiety, irritability, guilt,
shame or embarrassment.

Bullying and harassment can prevent people concentrating, undermine their confidence
and turn the workplace into an intimidating and hostile environment. Consequently work
performance suffers; people may dread going to work, and absenteeism increases.
Anxiety and stress caused by bullying and harassment may also restrict people’s training
and career opportunities or affect their promotion prospects.

The detrimental effects of bullying and harassment are not necessarily confined to the
recipient of the offensive behaviour. Bullying and harassment may also have a damaging
impact on witnesses or on those who have knowledge of it occurring in their workplace.
Bullying and harassment can also damage teamwork, lower the morale of an entire
department and create an uncomfortable or hostile atmosphere for everyone in the
workplace.

Bullying and harassment at work may have detrimental effects on the efficiency and
effectiveness of the Trust. People subjected to bullying and harassment are likely to have
reduced motivation and poorer health, both of which adversely affect the quantity and
quality of work output. Performance accuracy and reliability can also suffer. This may
lead to costly errors or accidents and could constitute a health and safety hazard.

Absenteeism and higher staff turnover themselves result in significant costs to the Trust.
The costs of investigating, defending complaints and the potential costs of Employment
Tribunal compensation awards can be substantial.




Wirral University Teaching Hospital NHS Foundation Trust                                 Page 1 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                              nd
Date Published: 16 June 2009                                           Review Date:22 September 2011
2 Purpose
As an equal opportunities employer, the Trust supports a working environment for
individuals in which dignity at work is paramount. The purpose of this policy is to support a
working environment and culture in which bullying and harassment is unacceptable. It
provides a framework for raising concerns about harassment and/or bullying and the
process for dealing quickly, effectively and consistently with concerns. In addition, it
outlines the support available for individuals involved.


3 Scope
This policy applies to all staff working within the Trust, employees, contractors and staff
from other organisations working on Trust premises. It will apply to all Trust premises and
all Trust personnel working in other premises.


4 Definitions
Harassment means unreciprocated and unwelcome comments, looks, actions, written
materials, suggestions or physical contact that is found objectionable and/or offensive by
the recipient and may create an intimidatory working environment. Harassment is
normally characterised by more than one incident of unacceptable behaviour, particularly if
it recurs once it has been made clear that it is regarded by the victim as offensive.
However, just one incident may constitute harassment if it is sufficiently serious.

Bullying is a sustained form of psychological abuse that aims to make victims feel
demeaned and inadequate. It is defined as offensive, intimidating, malicious or insulting
behaviour, or an abuse or misuse of power, which has the purpose, or effect of,
intimidating, belittling and humiliating the recipient, leading to loss of self-esteem for the
victim and ultimately the self-questioning of their worth, both in the workplace and society
as a whole.

Some examples of harassment and bullying are noted in Appendix 1 and are for illustration
purposes only.

Informal route In the first instance staff are encouraged to have issues dealt with through
the informal route. The informal procedure involves a settlement being sought without a
formal complaint being raised under the Grievance Procedure. If the member of staff is
dissatisfied with how the matter has been dealt with, the formal route i.e. Grievance
Procedure may be followed.

Formal route: In more serious cases of bullying or harassment or where the informal
procedure has not been effective, the Trust’s Grievance Procedure is used.


5 Duties / Responsibilities
     5.1    Individual Roles
        5.1.1    Director of HR & Organisational Development (HR & OD)
        The Director of HR&OD is the Executive Director with responsibility for the systems
        and processes relating to bullying and harassment at the Trust.

Wirral University Teaching Hospital NHS Foundation Trust                                 Page 2 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                              nd
Date Published: 16 June 2009                                           Review Date:22 September 2011
         5.1.2    Associate Directors of Operations / Clinical Head of Division or
                  Equivalent
         The Associate Directors of Operations / Clinical Head of Division or equivalent will
         promote a working environment and culture in which bullying and harassment is
         unacceptable within their Divisions. They will ensure the policy is communicated
         and applied within the Division and assist to managers where appropriate to ensure
         compliance.

         5.1.3     Managers
         Any staff member who has line management responsibilities must ensure that their
         staff are aware of and adhere to the Trust’s policy on bullying and harassment.
         Managers have a duty to establish and maintain a working environment free from
         bullying and harassment; failure to do so may be construed as condoning this.
         They should support all staff involved in a bullying and harassment allegation,
         respond speedily to resolve the problem in line with the guidance detailed in this
         policy, maintain confidentiality and make sure that there is no further bullying or
         harassment.

         5.1.4      Human Resources Managers
         The HR Manager will contribute to the development and review of the policy before
         consultation and approval by the Service Improvement Programme Board. They
         will assist in the communication and dissemination of the policy. They are
         responsible for providing advice on the implementation of this policy and the
         development of action plans to address areas of non-compliance. The HR Manager
         may be involved in any grievance meetings as per the Grievance Procedure.

         5.1.5   Occupational Health and Trade Union Staff Representatives
         Occupational Health, Trade Union Representatives and Professional Organisation
         Representatives are responsible for supporting staff where requested.

         5.1.6      All Staff
         All staff should note that behaviour which could be regarded as bullying or
         harassment, whether intentional or not, is unacceptable. They should ensure that
         the working environment is free from bullying and harassment and that the dignity of
         others is respected. Staff should:

                   Ensure that their own conduct does not cause offence
                   Discourage colleagues from bullying and harassing others
                   Be prepared to offer support to those who suffer harassment


     5.2    Committee Roles
        5.2.1   Hospital Management Board
        The Hospital Management Board (HMB) is responsible for the performance
        management of the Trust and as such the management of non-compliance. The
        HMB receives reports / minutes from the Service Improvement Programme Board.

         5.2.2    Service Improvement Programme Board
         The Service Improvement Programme Board (SIPB) is responsible for the approval
         and performance management of this Policy.


Wirral University Teaching Hospital NHS Foundation Trust                                 Page 3 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                              nd
Date Published: 16 June 2009                                           Review Date:22 September 2011
6 Processes for Raising and Resolving Concerns
Wherever possible members of staff are encouraged to raise concerns with the individual
concerned, as they may not have appreciated the impact of their behaviour/actions.
However, if this is not appropriate either because of the nature of the action or because of
lack of confidence, members of staff are advised to talk to their manager (or an
appropriate manager if the concern relates to the immediate manager). Advice and
support can be accessed via the appropriate Trade Union, Occupational Health, the HR &
OD Department, or a colleague or friend.

Should a personal approach directly to the individual concerned not be appropriate or
successful, there are 2 processes for raising concerns about bullying and/or harassment
issues dependant upon the level of incident and previous action taken. Staff are
encouraged to report concerns about bullying and/or harassment in the knowledge that
complaints will be taken seriously and dealt with in a sensitive manner.

     6.1     The Informal Route
        6.1.1      Process for Raising Concern
        In the first instance staff are encouraged to raise complaints regarding bullying and
        harassment with their line manager (or more senior manager if appropriate). Staff
        are encouraged to discuss concerns in person with the appropriate manager at the
        earliest opportunity. Advice and support can be accessed via the appropriate Trade
        Union, Occupational Health or HR & OD Department.

         6.1.2     Process for Addressing Concerns
         Following a concern being raised, managers should discuss each of the options for
         addressing the member of staff’s concerns. Managers should advise on the course
         of action that they believe will be most effective, given the circumstances but should
         support the member of staff in pursuing the option that they feel comfortable with.

         The following options are available (this list is not exhaustive. Further advice can be
         obtained from the HR & OD Department if necessary):

               Assisted contact: Managers may accompany or facilitate an appropriate
               person to support or accompany the member of staff to speak to the
               individual(s) involved.
               Direct Manager Contact: Managers may discuss the concerns raised by the
               member of staff with the individual concerned, and provide guidance and
               support for them to reflect and amend their behaviour.
               Mediation: A process called ‘Mediation’ may be helpful at either stage, (see
               appendix 2).

         Mediation would provide the person who feels bullied or harassed and the alleged
         offender with a safe and confidential environment in which to discuss the issues
         which have been the cause of upset and to help both look to the future and find
         ways in which their working relationship can be improved.

         It would involve both meeting together with an impartial mediator who would control
         the meeting and help them reach agreement about improving their working
         relationship.


Wirral University Teaching Hospital NHS Foundation Trust                                  Page 4 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                               nd
Date Published: 16 June 2009                                            Review Date:22 September 2011
         Mediation is voluntary and can only happen if both parties wish to be involved.
         However, if what is wanted is for the behaviour which makes the person feel bullied
         to stop and providing both feel comfortable with the process, then mediation offers a
         proven mechanism which is likely to achieve the desired outcome.


     6.2      The Formal Route – Grievance Procedure
        6.2.1      Process for Raising concern
        If informal procedures for resolving any complaint have been ineffective, or the
        member of staff believes that the informal route is inappropriate (e.g. because of the
        seriousness of the alleged incident(s)), they may seek to resolve the matter through
        the use of formal Grievance Procedure.

         The first step is for the member of staff to inform their manager (or a more senior
         manager, if appropriate), in writing on a Grievance form (available on the Intranet or
         from the HR & OD Department). The form should state the formal complaint and
         wherever possible the remedy sought (i.e. outcome required to resolve the issues of
         concern). The manager must arrange to discuss the problem with the member of
         staff as a matter of priority.

         The member of staff may have already produced a written record of the alleged
         bullying or harassment incident(s) and may have records of informal meetings with
         the alleged offender(s). This information should be provided to the manager dealing
         with the Grievance and the member of staff advised to retain a copy.

         6.2.2     Process for Addressing concerns
             a) Acknowledgment of the Grievance
             Upon receipt of the Grievance form, managers should acknowledge the
             Grievance and arrange to meet with the member of staff (described in the rest
             of this section as the complainant). It is important that managers and
             complainants are clear as to the remedy sought, i.e. outcome required to
             resolve the issues of concern. If this is not clear from the information on the
             form, it may be requested in the letter of acknowledgement or at the initial
             meeting. The complainant should be offered the opportunity to be accompanied
             by a Trade Union representative, friend or colleague from within the Trust. The
             purpose of this initial meeting is to enable the complainant to describe their
             concerns and provide any further information that may be helpful in determining
             how best to resolve the concerns and achieve the best outcome. The
             complainant should be advised of the next steps, and the timescale involved.

               Managers should ensure that the complainant has access to appropriate
               support and should make an assessment to determine whether any
               intermediate action may be required, based upon the circumstances
               surrounding the concerns raised.

               b) Intermediate Action
               In between the complaint being made and dealt with, it may be necessary to
               take some immediate action to alleviate the situation and enable normal
               working to be resumed as soon as possible.



Wirral University Teaching Hospital NHS Foundation Trust                                 Page 5 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                              nd
Date Published: 16 June 2009                                           Review Date:22 September 2011
               Action will depend on the circumstances and seriousness of the complaint and
               whether the complainant and individual concerned (described in the rest of this
               section as the alleged perpetrator) are in close or regular contact. Any action
               should not disadvantage the complainant. Appropriate action may include:

                   (a)    Reorganising or reallocating work so that close or regular contact
                          between the complainant and the alleged perpetrator is avoided.

                   (b)    Relocating the alleged perpetrator for the duration of an investigation.

                   (c)    Should the complaint constitute an allegation of Gross Misconduct,
                          consideration should be given to suspending the alleged perpetrator on
                          full pay pending the outcome of an investigation. Advice must be
                          obtained from the HR & OD Department before taking such action.

               Both the complainant and the alleged perpetrator should be informed
               individually of any proposed intermediate action and arrangements for dealing
               with the concerns raised/Grievance. It should be noted that any action
               proposed at this stage should not imply that any allegation is proven. They
               should both be advised of their right to be supported/accompanied by a trade
               union representative or a colleague or a friend.

               c) Considering the Grievance
               Following the initial meeting with the complainant, managers should consider
               the most appropriate method of resolving the concerns raised.
                  (a) In circumstances where there is a clear allegation of Misconduct or
                       Gross Misconduct, managers must follow the Disciplinary Procedure,
                       advised by the HR & OD Department.
                  (b) In circumstances where the concerns raised do not indicate any
                       Misconduct or Gross Misconduct, the manager should meet with the
                       alleged perpetrator to discuss the concerns raised and validate the
                       information provided by the complainant. An assessment should be
                       made of the circumstances having listened to both parties and assess
                       the level of insight in order to determine the course of action which is
                       likely to achieve the most appropriate/effective outcome.
                  (c) In the event that further information is required, the manager should
                       obtain this, either by meeting with relevant individuals or gathering
                       written information.
                  (d) At any stage, should the manager believe that emerging information
                       supports the use of the Disciplinary Procedure, the manager must make
                       a judgement of the appropriateness of them continuing to collate
                       information, and whether an Investigating Officer should be appointed in
                       accordance with the Disciplinary Procedure. In the event of the
                       Disciplinary Procedure being applied, the alleged perpetrator must be
                       informed as set out within that Procedure.
                  (e) Having collated the information required to fully consider the Grievance,
                       the manager must meet with the complainant, again, with the
                       opportunity to be supported/accompanied. The manager should set out
                       the information gathered and their decision in respect of the Grievance.
                       This should be done in accordance with the Grievance Procedure, i.e.
                       in writing, with details of rationale, appeal etc included as appropriate.

Wirral University Teaching Hospital NHS Foundation Trust                                      Page 6 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                                   nd
Date Published: 16 June 2009                                                Review Date:22 September 2011
                   (f)    Action required to resolve the concerns raised should be implemented
                          as soon as is practicable for all parties. A review of the impact of the
                          actions taken may be included within the confirmation described in V.
                          above.

               d) Victimisation
               Intimidation, victimisation or discrimination against an employee who has made
               a complaint or an employee, who has supported the complainant, will not be
               tolerated and will be viewed as a disciplinary offence. In circumstances where
               this involves the original alleged perpetrator, this should be added to the original
               complaint of bullying and harassment and dealt with at the same time.


7 Training
Training is available for managers in the HR core skills training detailed within the HR &
OD Portfolio or on request as necessary.

Training aims to identify the factors, which contribute to a working environment free of
bullying behaviour.

Training will be provided for managers in:

    i.        understanding what constitutes workplace bullying, including assessing how
              their own behaviours / actions may be viewed by their staff.
    ii.       identifying situations within their departments that could indicate that bullying is
              a problem.
    iii.      operating the management procedures and undertaking investigations into
              allegations of bullying and harassment.

The HR & OD Department can advise on training identified as a result of concerns being
raised, either for the individuals involved (e.g. assertiveness, effective management,
specific subject based training e.g. Attendance Management, Performance Capability, or
for the team/department if appropriate.


8 Supporting & Counselling
Support and counselling is available and offered to all staff involved in a bullying and
harassment allegation via the Occupational Health Department. Support will also be
available from representatives of Trade Unions and/or professional associations.

Workplace bullying can be subtle and difficult to explain. Managers should never hesitate
to seek assistance from their manager, or the HR & OD Department to help them in
resolving issues of this nature – the Trust is committed to support managers to fulfil their
responsibilities appropriately.




Wirral University Teaching Hospital NHS Foundation Trust                                      Page 7 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                                   nd
Date Published: 16 June 2009                                                Review Date:22 September 2011
9 References
Health and Safety at Work Act 1974
Sex Discrimination Act 1975 (as amended by the Sex Discrimination Act 1986)
Race Relations Act 1976
Disability Discrimination Act 1995 and amended as amended 2005
Criminal Justice and Public Disorder Act 1995
Employment Rights Act 1996
Protection from Harassment Act 1997
Crime and Disorder Act 1998
Race Relations (Amendment) Bill 2000
Employment Act 2002
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Religion or Belief) Regulations 2003
Gender Recognition Act 2004




Wirral University Teaching Hospital NHS Foundation Trust                          Page 8 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                       nd
Date Published: 16 June 2009                                    Review Date:22 September 2011
                                                                                      Appendix 1
                                     Examples of Bullying & Harassment

People can be subject to bullying and harassment on a wide variety of grounds including:

         their race, ethnic origin, nationality or skin colour
         their sex, sexual orientation, or sexual reassignment
         their religious or political convictions
         their willingness to challenge harassment, leading to victimisation
         their physical characteristics (e.g. weight, height)
         their disabilities including sensory impairments or learning difficulties or mental
         health
         their age
         their real or suspected infection with AIDS/HIV

This includes behaviour that is offensive, frightening or in any way distressing. It may be
intentional bullying which is subtle and insidious. It could be other behaviour which is not
with malicious intent but which is upsetting. The following are examples of forms of
bullying and harassment:

         Physical: Unwanted physical contact or intimidation, including unnecessary
         touching, patting, brushing against an employee, pushing, and assault.

         Verbal: Remarks, derogatory or lewd comments, persistent name calling,
         nicknames, teasing, jokes, innuendoes or statements which are suggestive,
         unwelcome, or offensive. Shouting / haranguing or using other forms of intimidating
         behaviour such as intellectual bullying (e.g. to belittle an individual because they do
         not agree with individual’s opinion

         Behaviour: Making threats against a person or group of people; attempting to stir
         up hatred against an individual or group; encouraging others to isolate or exclude
         an employee; continually undermining and devaluing the work of an employee.
         Withholding information, ignoring views and opinions, impossible
         workload/deadlines.

         Written Material: Graffiti and other written insults including e-mail, bringing in or
         distributing material such as leaflets, magazines or papers which are offensive or
         degrading.

         Pictures / Badges: Distributing e-mail, putting up or displaying pictures, badges,
         insignia or symbols which are offensive or degrading.

This list is not exclusive or exhaustive and there may be other behaviour which also
constitutes bullying and harassment and leads to discrimination.




Wirral University Teaching Hospital NHS Foundation Trust                                   Page 9 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                                nd
Date Published: 16 June 2009                                             Review Date:22 September 2011
                                                                                       Appendix 2
                                     Mediation – Ground Rules / Process

1.     Mediation is entirely voluntary and any party may “walk-away” from the process at
       any time.

2.     Everything said at the mediation meeting is confidential and must not be discussed
       by the parties or the mediator outside the meeting except with the explicit permission
       of the parties.

3.     Although it is not normally appropriate for the parties to be accompanied at a
       mediation meeting, in exceptional circumstances any party may be accompanied, but
       only by a workplace colleague or staff representative and only if deemed appropriate
       by the mediator.

4.     The Mediator is impartial and will not take sides or adjudicate between the parties
       (i.e. the Mediator is not there to judge who is right and who is wrong).

5.     The mediator will control and regulate the meeting inviting each party to state their
       position and to respond to the other party’s position in turn. Neither party will talk
       unless invited to do so by the mediator and each party will stop talking if requested to
       by the mediator.

6.     Any party may ask for an adjournment at any time and a separate room will be
       available for them.

7.     The mediator will then encourage the parties to consider together ways in which their
       future working relationship might be improved.

8.     Any agreements reached will be those suggested and agreed by the parties
       themselves and will be voluntary and non-binding.

       Agreements may be reached on a trial period basis.

       The mediator will write-up any agreements which will be signed-off by the parties and
       the mediator.

       The mediator will normally arrange for a joint review meeting with the parties
       following an agreed period of time.




Wirral University Teaching Hospital NHS Foundation Trust                                    Page 10 of 10
Policy 120 – Bullying & Harassment at Work
                    th                                                                 nd
Date Published: 16 June 2009                                              Review Date:22 September 2011

								
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