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WORKPLACE INVESTIGATIONSHR & Diversity Management Helpline : 01793 338888 Visit and contribute to our blog: http://hrdiversityblog.blogspot.com "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. The NHS situation According to the National NHS staff survey 2008, the organisation needs much support in areas of Diversity, Bullying in the workplace, Harassment and Abuse. Staff are apparently being bullied by both 'their line managers and other colleagues'. This is not an isolated incident but pervades the NHS nationwide. Further the number of staff being treated this way is 'similar to previous years'. This means that current resolution methodologies are not gaining on the problem. From the experience of HR & DM the majority of the problem lies with line management. Managers seem not to know how to deal with issues in the workplace. This stems from not looking at root causes of disputes and then the need for them to be addressed as quickly as possible to 'nip them in the bud'. Of course it is not easy, but there are methodologies to enable a line manager to both recognise the symptoms and then apply a resolution. In doing this good managers can :
HR & DM has investigated many situations in the NHS, as typified by the quote at the head of this page. However, it seems that, for whatever reason, line management training in Diversity and Bullying in the workplace is either not recommended or not available within the NHS. This is a pity as much good could be achieved with comparatively little cost. Please call us to discuss ways in which we could help - 01793 338888
Workplace Investigations from HR & Diversity Management As a crucial part of the service we provide from HR & Diversity Management (HR&DM), Investigations into workplace bullying, sexual harassment and harassment in workplace are 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. A third party investigation is impartial and independent. HR&DM bullying and harassment investigations are based on a tried and tested model (a formula which is the copyright of HR&DM). We 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. 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. ---------------------------------------------------------------------------------- Internal Investigations - Carry out your own with our support Especially in the Public Sector we are seeing organisations that wish to carry out their own internal investigations, but find that complainants are rejecting findings on the grounds of bias:'Well they would find in favour of their employer wouldn't they?' HR&DM understands this and is now proposing to support organisations through internal investigations. This will mean that in future, organisations will be able to cut the costs of a full outsourced investigation but still see the benefits of an unbiased finding. For each organisation that wishes to take part HR&DM will: 1. Provide a 1 day training course on how to carry out a full investigation using the copyrighted '20 step Investigation & Dispute Resolution Model - IDRM'. The course will be delivered by an HR&DM experienced investigator. 2. Delegates will also be given a copy of the 20 step IDRM. 3. During each investigation HR&DM staff will be available to give full operational support, or telephone support as required. 4. When the investigation has been concluded, an HR&DM investigator will audit the findings to ensure that there is no bias and that the investigation has followed the '20 step IDRM'. This step is vitally important to ensure that the complainant becomes fully aware that there has been no bias in the findings and that all recommendations can be fully justified. If this is of interest please call David Pratt on 01793 338888 ---------------------------------------------------------------------------------- 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 2006 25% of cases found that the instigator, the alleged victim, was in fact, the bully. Line management had followed procedures. Cases tend only to go to Tribunal where both sides fail to co-operate in the investigation.
TRAINING INVESTIGATION & MEDIATION - TIM (In deference to the work done by Tim Field in this area)
Training During our Investigation and Consultancy work we have seen that Management attitudes and more importantly basic training have been significant influences on the occurence of Bullying in the Workplace and its lack of resolution. We advocate and train managers to think through both the ethos of their team and the liklihood of bullying occuring in the first place, but also the simplicity of a 'nip in the bud' solution. By training managers in how to look for basic signs of a potential dispute, and then how to step in to prevent escalation, can save time, money and inevitably litigation. Please call us for details of our Diversity Training for Line Managers Courses. Investigation : 20 Step IDRM This model is the intellectual property of HR & Diversity Management Limited and has been copyright protected. Call us on 01793 338888 for further information, or email us on
admin@hrdiversity.co.uk if you would like support with dispute resolution
issues. Mediation Organisations we have advisedVirgin 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). 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. For further support on Training, Investigations and Mediation, please call us on 01793 338888.
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