Bullying investigations, bullying in the workplace, sexual harassment

© HR & DIVERSITY MANAGEMENT LIMITED 2004

Investigations, Bullying in the workplace, sexual harassment

INVESTIGATIONS

FREE 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
Employment Tribunal hearings increased by 25% in 2006 ! This was not the Governments objective when they introduced the 3-Step Dispute Resolution process under The Employment Act 2002; Dispute Resolution Reforms 2004. If this figure concerns you and/or if you need assistance with work related conflict issues, we urge you to consider the benefit of Mediation and Investigation services. The DTI recommends this approach in the Michael Gibbons Review dated March 2007. We provide such services ; completely impartial, independent, and professional. We can help you reach an amicable resolution and save you unnecessary legal costs. Four of our advisers are Chartered Fellows of the CIPD.

Investigation : 20 Step IDRM
At The National Bullying Helpline we have designed a model which ascertains, very early on, whether an employee grievance is vexatious or not. This model also assists employers with their line of defence as it identifies where policies need reviewing and where training or diversity initiatives are required to ensure problems do not occur again. There simply is no recommended guideline, or accredited process, for conducting workplace investigations in workplace. This formula, which we call ‘The 20-Step Investigation & Dispute Resolution Model’ (20-Step IDRM) is years ahead of its time. We have been providing an independent investigation service to employers, primarily in the public sector, for several years now and apply this process. We were the first organisation in the UK to offer this service. Our model has been successfully applied, in industry and three Employment Tribunal Chairmen have complimented us on it’s structure and practical application. The 20-Step IDRM looks at management style, policies, statistics in terms of turnover and absence, performance patterns, trends and many other aspects which ‘paint a picture’ in terms of the culture of the working environment where the issues are raised.

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

  • Virgin Mobile
  • Nationwide
  • Swindon Borough Council
  • Swindon Services
  • The Fire Service College
  • CEMEX Plc
  • Laura Ashley
  • Women's Aid
  • The Prison Service
  • NHS Mental Health, SW1
  • Nottingham Play Forum
  • Central Swindon Medical Centre
  • Oxford Brookes University
  • Convergys Europe
  • APEX
  • Cadbury's
  • Laden Pre-School
  • Merton Timber, Wales
  • Barnett, Enfield and Haringey Mental Health Trust
  • Tesco
  • Somerfield
  • Cricklade Town Council
  • ASDA
  • Once Upon A Time Day Nursery
  • Wiltshire and Swindon Fire Authority
  • Motorola
  • Energis
  • Danesfield House Hotel and Spa
  • Granville Technology
  • Zurich Finance
  • W H Smith
  • Rowan Foods, Wrexham
  • Bruce Stephenson Limited
  • Hammersmith Primary Trust
  • Sara Shoemark Beauty Salon
  • NHS Oxford
  • OXFAM
  • YMCA
  • Three County Police Constabularies
  • Two Area Health Authorities
  • .........numerous private organisations

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).

Formula

The 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 Benefits

The 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 Record

Although 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 Initiative

Finally, 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

Strategically Focused, Professional, HR Expertise