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Complaints Procedure
There should be both an informal and formal procedure to deal with the
issue of bullying/harassment at work. 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.
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,
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. His or her right to representation will be
given every opportunity to rebut the detailed allegations made.
The complaint will then be subject to an initial examination by the
equality officer with a view to determining an appropriate course of
action. If this proves inconclusive, a formal investigation of the
complaint will take place with a view to determining the facts and the
credibility or otherwise of the allegation(s). It may then be necessary
to interview other staff. If this is so the importance of confidentially
will be stressed to them. Any statements taken from witnesses will be
circulated to the person making the complaint and the alleged harasser
for their comments before any conclusion is reached.
When the investigation has been completed both parties will be informed
and will be 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 is found to be malicious then
the appropriate disciplinary action will be imposed.
Should a case
of bullying/harassment be proven, then appropriate action will be taken
in line with the organisation’s disciplinary policy. Records of any
warnings for bullying/harassment will remain on an employee’s file and
will be used if any further allegations of a similar nature arise in the
future.
Regular checks will be made by management to ensure that the
bullying/harassment have 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 Emplyee Handbook Template Section.
