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INVESTIGATIONSFREE National Bullying Helpline : 0845 22 55 787 "I just wanted to thank you for the two pieces of work that you carried out for me as head of this department. As a line manager it is difficult to deal with people who have borderline performance, make notes about everything that happens to them and are disruptive behind the scenes. They take a long time to come to the top of the list and when they do the situation is complex. Of course it is always better to prevent such situations progressing but I suspect that most managers with a large number of staff and years experience will recognise the scenario. I now recognise what a fantastic resource your company provides when such matters occur. In both cases, which had different outcomes, your approach was to work and focus towards a satisfactory outcome rather than producing a report of what was happening and walking away." Director, NHS Trust, July 2007.
As a crucial part of the service we provide from the National Bullying Helpline, Investigations into workplace bullying, sexual harassment and harassment in workplace are one of the most significant. Both employees and employers see benefit from a third party bullying in the workplace investigation. Trade Unions, line management and Company Solicitors see third party bullying investigations positively, since in-house investigations have a bias which is very difficult to overcome. An investigation in this circumstance is impartial and independent. National Bullying Helpline bullying and harassment investigations are based on a tried and tested model (a formula which is the copyright of HR&DM). HR&DM have been investigating issues of this nature - and advising management on issues of this nature, for over a decade. We always seek to determine the cause of Bullying or Harassment and to establish whether allegations are founded and to look at 'the bigger picture' - ie: the culture, performance, turnover of staff, patterns, procedures etc etc. If it is a definite case of one person who is an out and out workplace bully, so be it. The bully may need a level of training to establish whether or not the situation is in any way recoverable. If the bully is not receptive to change or if he/she does not acknowledge their position, formal action may be necessary. To ignore such an attitude and/or conduct is non-productive - particularly in an ever-changing world of employment legislation. Often, an investigation will uncover working practices which have crept into the workplace, but which are unacceptable. Further,training of managers and other policies can be introduced which will enable managers to quickly stamp on bullying or harassment at the first signs. This is especially important in cases of sexual harassment and promotes a happy and productive workplace. As a rule the investigation is opened to anyone in the company/workplace to contribute, including the alleged Bully. However, so that anyone can contribute, interviews can remain confidential. (Case Law: ASDA v others). This means that an interviewee can speak freely and openly without fear of reprisals and the evidence they give, which should be factual (not hearsay), is protected. This methodology is also the best way of providing precise details of the dispute, to enable resolution. It also enable the employers to reasonably expect that workplace harmony has been re-introduced. It is our intention to help resolve a Workplace Dispute, be it Bullying, Harassment or Discrimination, of any kind, without litigation and resolution through an Employment Tribunal. This can only be achieved if we are totally impartial and we steer well clear of emotional ties and base our findings on corroborated facts. Further, we do not prejudge the outcome of our Investigation. During 2004 25% of cases found that the instigator, the alleged victim, was in fact, the bully - and we found in favour of the organisation. Line management had followed procedures. Cases tend only to go to Tribunal where both sides fail to co-operate in the investigation. MEDIATION & INVESTIGATIONS BENEFITS OF USING A THIRD-PARTY RESOLUTION SERVICE Mediation Investigation : 20 Step IDRM This model is the intellectual property of HR & Diversity Management Limited and has been copyright protected. Call us on 0845 22 55 787 for further information, or email us
on admin@nationalbullyinghelpline.co.uk if you would like support
with dispute resolution issues. Organisations we have advised
Processes We always enter into a Confidentiality Agreement with the Client organisation and where applicable with the complainant also. The model HR&DM follow is the intellectual property of the Company. We observe Data Protection Laws and after 3 years we would endeavour to return all Company files and documentation to both the Client and the complainant as relevant. An Investigation into workplace bullying, harassment or discrimination can take from 3 weeks to 3 months and is justified in terms of the cost of litigation and damage to the organisation if a contentious situation is not resolved amicably. Witnesses are interviewed and statements collated observing Right to Be Accompanied laws and statutory rights. If the alleged victim is stressed, or off work, she/he is asked to sign a Medical Waiver to show that they have consented to the investigation. (This is done even when they have instigated the investigation via the HR & Diversity Management Limited helpline). FormulaThe Investigator(s) will not only look at ‘what he said and what she said' but will look at the bigger picture. We look at whether the bullying is real or imagined and this involves a formula that is very HR focused and based on factual evidence. Other BenefitsThe Report will conclude with Recommendations to the CEO/MD. It will refer to statutory laws and will, invariably, quote case law and cite examples. It will refer to internal procedures and state whether management has followed procedures. The Report will make recommendations in respect of Coaching, Training of Line Managers and initiatives to ensure things do not go wrong in the future. We can also offer an alternative to dismissal in some cases where a senior Manager/Director has transgressed policies and/or procedures. Trade Unions will welcome the fact that an independent firm has investigated matters, and employees will not be able to say that management has influenced the investigation. The Solicitor will be able to use the Report if the case is referred to a Tribunal. Track RecordAlthough we have signed Confidentiality Agreements with all our clients, should an organisation need to talk to an organisation for whom we have carried out a project, we are prepared to ask clients to talk to serious potential clients to confirm our provenance. Where Confidentiality Agreements are signed, details are not disclosed to a third-party.Take the InitiativeFinally, you do not have to be in a contentious situation to take the initiative and call us in for support. We can ensure suitable Policies and Procedures are in place. We can train your staff to understand the contributions they can make towards a safe and productive workplace and we can ensure that you are legally protected with a very strong defence should a case arise that is not easily resolved. Call us to discuss Workplace Bullying, Sexual Harassment or Harassment in Workplace FREE on:0845 22 55 787 |
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