BULLYING & HARASSMENT - Complaints procedure
(updated July 2015)
There should be both an informal and formal procedure to deal with the issue of bullying, harassment and sexual harassment within the course of employment . Any issue arising should be treated seriously, confidentially and be dealt with as soon as possible. A record of all relevant discussions which take place during the course of an investigation should be maintained by Management.
Informal:
In the first instance a person who believes that they are the subject of bullying/harassment should ask the person responsible to stop the offensive behaviour. If the complainant finds this approach difficult then s/he should seek advice from an organisation nominated individual or a Manager in the Organisation. The approach of the contact person should be by way of a confidential, non-confrontational discussion with the alleged perpetrator(s), with a view to resolving the issue in an informal low-key manner.
It may not always be practical to use the informal procedure, or an Employee may not feel comfortable to approach the other party, particularly when the bullying/harassment is serious or where the people involved are at different levels in the organisation.
Formal:
If a complainant decides, for whatever reason, to bypass the informal procedure then the complainant will be required to put their allegation in writing. The alleged bully or harasser will then be made aware of the nature of the complaint and provided with a copy of the complaint.
Prior to commencing an investigation, a complaint may be subject to an initial examination by a designated impartial member of management or other appropriate external person with a view to determining an appropriate course of action. An appropriate course of action could include a mediated solution. If this proves inconclusive or inappropriate, a formal investigation of the complaint will take place with a view to determining the facts of the allegation(s).
As part of any investigation, it may then be necessary to interview other staff members. If this is so the importance of respecting the need for confidentially should be stressed to each staff member Any statements taken from witnesses should be circulated to the person making the complaint and the respondent for their comments before any conclusion is reached.
When the investigation has been completed both parties should be informed and given a copy, in writing, of the conclusions reached. All parties are then given an opportunity to comment before any action is decided upon by management.If a complaint made is found to have been malicious in nature then appropriate disciplinary action may be imposed.
Should a case of bullying/harassment be proven, then appropriate action will be taken in line with the organisation’s disciplinary policy or other action as deemed appropriate.
Regular checks should be made by management to ensure that the bullying/harassment has stopped and there is no victimisation of the complainant. Retaliation against a complainant or a witness concerning bullying or harassment at work is a serious disciplinary offence.
A Sample Bullying & Harassment Policy and Procedure is contained in the Employee Handbook Template Section.
Continue to Conducting an Investigation >>
There should be both an informal and formal procedure to deal with the issue of bullying, harassment and sexual harassment within the course of employment . Any issue arising should be treated seriously, confidentially and be dealt with as soon as possible. A record of all relevant discussions which take place during the course of an investigation should be maintained by Management.
Informal:
In the first instance a person who believes that they are the subject of bullying/harassment should ask the person responsible to stop the offensive behaviour. If the complainant finds this approach difficult then s/he should seek advice from an organisation nominated individual or a Manager in the Organisation. The approach of the contact person should be by way of a confidential, non-confrontational discussion with the alleged perpetrator(s), with a view to resolving the issue in an informal low-key manner.
It may not always be practical to use the informal procedure, or an Employee may not feel comfortable to approach the other party, particularly when the bullying/harassment is serious or where the people involved are at different levels in the organisation.
Formal:
If a complainant decides, for whatever reason, to bypass the informal procedure then the complainant will be required to put their allegation in writing. The alleged bully or harasser will then be made aware of the nature of the complaint and provided with a copy of the complaint.
Prior to commencing an investigation, a complaint may be subject to an initial examination by a designated impartial member of management or other appropriate external person with a view to determining an appropriate course of action. An appropriate course of action could include a mediated solution. If this proves inconclusive or inappropriate, a formal investigation of the complaint will take place with a view to determining the facts of the allegation(s).
As part of any investigation, it may then be necessary to interview other staff members. If this is so the importance of respecting the need for confidentially should be stressed to each staff member Any statements taken from witnesses should be circulated to the person making the complaint and the respondent for their comments before any conclusion is reached.
When the investigation has been completed both parties should be informed and given a copy, in writing, of the conclusions reached. All parties are then given an opportunity to comment before any action is decided upon by management.If a complaint made is found to have been malicious in nature then appropriate disciplinary action may be imposed.
Should a case of bullying/harassment be proven, then appropriate action will be taken in line with the organisation’s disciplinary policy or other action as deemed appropriate.
Regular checks should be made by management to ensure that the bullying/harassment has stopped and there is no victimisation of the complainant. Retaliation against a complainant or a witness concerning bullying or harassment at work is a serious disciplinary offence.
A Sample Bullying & Harassment Policy and Procedure is contained in the Employee Handbook Template Section.
Continue to Conducting an Investigation >>
