diGnitY at Work - Ireland's Health Service · ModuLe 5 – diGnitY at Work 118 show slide 7: Make...

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DIGNITY AT WORK LEARNING OBJECTIVES At the end of this module participants will be able to: Define bullying, harassment and sexual harassment » Describe their role under the policy » State how to communicate the policy on Dignity at Work » Describe how to respond to inappropriate behaviour » State how to respond promptly and sensitively to complaints » Describe how to resolve issues locally if possible. » TIME 11.30 to 12.30 PROCESS Introduce the module as per this guide and communicate your expectations of the participants. Follow the steps in the DVD and use the Leader’s Guide to steer the group through the interactive phases. Explain the learning objectives and the legal framework. Refer as appropriate to the Reference Book to allow for interaction and to make notes. MATERIALS NEEDED DVD » Reference Book » Flip Chart » 5 DIGNITY AT WORK 114

Transcript of diGnitY at Work - Ireland's Health Service · ModuLe 5 – diGnitY at Work 118 show slide 7: Make...

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diGnitY at Work

LEArNiNG ObjEcTivEs

at the end of this module participants will be able to:

define bullying, harassment and sexual harassment »

describe their role under the policy »

state how to communicate the policy on dignity at Work »

describe how to respond to inappropriate behaviour »

state how to respond promptly and sensitively to complaints »

describe how to resolve issues locally if possible. »

TiME

11.30 to 12.30

PrOcEss

introduce the module as per this guide and communicate your expectations of the participants. Follow the steps in the dVd and use the Leader’s Guide to steer the group through the interactive phases. explain the learning objectives and the legal framework. refer as appropriate to the reference Book to allow for interaction and to make notes.

MATEriALs NEEdEd

dVd »

reference Book »

Flip Chart »

5D

IGN

ITY

AT

WO

RK

114

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iNTrOducTiON

show slide 1:

show slide 2:

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LEArNiNG ObjEcTivEs ANd LEGAL FrAMEwOrk

show slide 3:

show and read slide 4:

say something like:

What do we mean by dignity at work? Working in groups, can you come up with a definition?

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show slide 5:

say something like:

Have you seen things that concern you in your workplace?

show slide 6:

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show slide 7:

Make the following key points:

the legislation underpinning dignity at Work is the safety, Health and Welfare at Work act 2005 which obliges an employer to provide a safe working environment which is free from bullying and harassment

and...

the employment equality acts 1998 to 2008 which prohibit sexual harassment and harassment on the nine discriminatory grounds.

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POLicy ANd dEFiNiTiON OF buLLyiNG

show slide 8:

show slide 9:

Make the following key points:

a dignity at Work Policy for the Health service has been agreed between Health service employers and trade unions and covers:

Bullying »

Harassment »

sexual Harassment »

this is a national policy and it covers you!

the dignity at Work Policy is based on the following three Codes of Practice:

the Health and safety authority’s 1. code of Practice for employers and employees on the Prevention and resolution of bullying at Work

the Labour relations Commission’s (LrC) 2. code of Practice Detailing Procedures for addressing bullying in the Workplace

the equality authority’s 3. code of Practice on sexual harassment at Work.

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Make the following key points:

Managers must know what these terms mean »

show slide 10:

say something like:

Workplace Bullying is defined as:“repeated inappropriate behaviour whether verbal, physical or otherwise, conducted by one or more persons against another or others at the place of work and/or in the course of employment.”one single flare-up may be wrong – but it’s not bullying.

traIner note

Communicate that managers often fear the accusation of bullying when they are merely asking for good performance from a staff member. Last year a senior manager in a private sector organisation was accused of bullying behaviour by one of his junior staff. He had asked this person to improve performance in a specific area and to engage in becoming more productive. the staff member became highly agitated and then the accusation was levied. Fortunately, the manager in question was very familiar with the terminology in this area. He calmly explained what the term bullying meant and the staff member immediately withdrew the accusation with an apology.

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show slide 11:

Make the following key points:

examples of bullying include:

Constant humiliation, ridicule, belittling efforts – often in front of others »

regular verbal abuse, including shouting, and the use of obscene language »

Persistently and inappropriately finding fault with a person’s work and »humiliating them rather than going about improving their performance.

remember that bullying can be covert as well as overt.

show slide 12:

say something like:

the consequences of bullying can be devastating for employees. it can undermine their morale and make them feel inadequate and disempowered. it can result in an employee going on sick leave due to stress, or even resigning from their job.

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show slide 13:

say something like:

sometimes managers are reluctant to address performance issues with employees because of fears that they will be accused of being a bully. the following however do not constitute bullying:

Fair and constructive criticism of an employee’s performance, conduct or »attendance

reasonable and essential discipline arising from the good management of the »performance of an employee at work.

show slide 14: david Playlet, segment 1david is newly promoted to the position of head chef. He has had no management training. He shouts at employees and does not trust his staff so does everything himself where possible, works late and takes no time off. one day a staff member gets an order wrong and he loses his temper completely.

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show slide 15:

say something like:

ask the group if dave is just a manager in a very busy situation? is he just being thorough? Group discusses.

show slide 16: david Playlet, segment 2

say something like:

Could Gordon ramsey be accused of bullying given that he uses unparliamentary language in his kitchen?

Girl makes a complaint to david’s boss. other staff members make similar complaints. the boss describes to david how his behaviour is affecting the department. david had no idea of the effect of his behaviour on others. He takes time off and goes on a people management course.

traIner note

discuss this with the group. the answer is that he could be accused of bullying if it was repeated with the same individual. it is important to note that managers may not use the excuse that “it’s the culture around here to behave like this.”

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show and read slide 17:

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hArAssMENT

show and read slide 18:

say something like:‘unwanted’ is the key word

show slide 19:

Make the following key points:For harassment to have taken place the unwanted conduct must be related to any of the nine discriminatory grounds outlined under the employment equality act 1998 to 2008. Here’s a reminder of them:

Gender »

Marital status »

Family status »

sexual orientation »

religion »

age »

disability »

race »

Membership of the traveller community. »

unlike bullying, harassment can be a one-off act.

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traIner note

this short exercise will bring it right home to participants that it is individuals who get hurt.

show and read slide 20:

Make the following key points:

other examples include:

jokes, derogatory comments, ridicule or songs directed at an employee »

texts, emails, articles or posters which contain references to a particular »characteristic of an employee

ostracising a person because of a particular characteristic. »

Managers must set the standards for behaviour.

say something like:

What’s the most hurtful thing you’ve heard at work regarding the infringement of the dignity of another?

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sExuAL hArAssMENT

show slide 21:

say something like:sexual harassment may be defined as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, which has the purpose or effect of violating a person’s dignity. the unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.

show slide 22:

Make the following key points:

sexual Harassment can include:

unwanted physical contact such as unnecessary touching, patting or pinching »

offensive flirtations, suggestive remarks, innuendo or lewd comments of a »sexual nature

the display of pornographic or sexually suggestive pictures, objects, written »materials, emails, text-messages or faxes

Leering and suggestive gestures of a sexual nature. »

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show slide 23: Pauline Playlet, segment 1

show slide 24:

say something like:

What should Pauline do? if she leaves will it go away? should she give as good as she gets? What is the manager’s role?

Pauline works in the maintenance department and she is the only female member of staff in that department. the male staff make inappropriate comments and eventually Pauline cannot take it anymore. she has a chat with her supervisor.

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show slide 25: Pauline Playlet, segment 2

show slide 26:

Make the following key points:

this playlet demonstrates a couple of things:

engaging in banter which is unwelcome and offensive can amount to sexual »harassment, even if the behaviour is not directed at the person.

as a result of the behaviour Pauline found the working environment »intimidating and hostile.

When her supervisor makes light of the whole thing, Pauline is outraged. Pauline makes a formal complaint to the equality tribunal, which awards her €5,000. they direct her supervisor to draw up a dignity at Work Policy and train all managers and supervisors in the implementation of the policy.

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show slide 27:

say something like:

QuestIon For PartIcIPants:

does this mean that all workplace banter is no longer acceptable?

ansWer:

no, it is perfectly acceptable for work colleagues to interact socially and engage in banter provided that this behaviour is welcome and does not cause offence. it is the unwanted nature of the conduct that distinguishes bullying and harassment from friendly behaviour, which is welcome and mutual.

it is up to each employee to decide what behaviour is unwelcome for themselves, irrespective of the attitude of others to the behaviour. the fact that an individual has previously tolerated the behaviour does not stop him/her from objecting to it now.

show slide 28: anna Playletanna is a manager in a unit in the hospital. one of the staff is openly gay and one of his colleagues has been slagging him. He makes an informal complaint to anna who does nothing. at a staff party one of the nurses gives him a lot of abuse and he is upset by it. He makes a formal complaint the next day.

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show slide 29:

Make the following key points:

it is important to note that in addition to occurring at work, bullying and »harassment may also take place outside the workplace and outside normal working hours. You as a manager are liable for dealing with complaints that arise at work-related events.

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rOLE OF ThE MANAGEr

show slide 30:

say something like:as a manager you have specific responsibilities under the dignity at Work Policy. Your role includes the following:

Communicating the Policy to employees »

Being vigilant for signs of bullying/harassment »

intervening where necessary »

responding promptly and with sensitivity to complaints »

resolving issues locally if possible. »

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show slide 31:

Make the following key points:Let’s have a look at these points in more detail. Firstly let’s look at communicating the Policy:

it is not sufficient to hand employees a copy of the Policy and tell them to read »it. You must explain the Policy to them and ensure that they understand that they have a role in maintaining a work environment that respects the dignity of all employees

You should explain what constitutes unacceptable behaviour »

You should encourage employees to talk to you if they have any concerns »about the behaviour of colleagues or if they feel that they are being subjected to inappropriate behaviour by a colleague or a non-employee

You should explain how the complaints procedure operates »

these steps can be carried out at induction and performance management »team meetings as well as at briefing sessions on the topic.

show slide 32: abdul Playlet, segment 1abdul, a sHo, receives unwelcome comments from his colleagues. What particularly bothers him is that a manager who overhears some of these comments does not intervene.

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show slide 33:

say something like:

is abdul taking this too seriously? Will the manager be interfering in workplace banter if he gets involved? What are the manager’s responsibilities here?

show slide 34: abdul Playlet, segment 2after one particular incident, abdul complained to his manager, who did not take the matter seriously. abdul then went to the equality tribunal, which upheld his complaint. the equality officer pointed out that the manager should have protected abdul.

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show and read slide 35:

Make the following key points:

this playlet demonstrates that:

as a manager you should set a good example by treating all persons with »courtesy and respect Be vigilant for signs of bullying/harassment and intervene if you observe »inappropriate behaviour. don’t wait for the employee to make a complaint. this will also help to create a climate in the workplace where employees are willing to speak out against inappropriate or discriminatory behaviour Make it your business to let everyone know that you take this issue seriously. »

show slide 36: suzanne Playlet, segment 1suzanne is a Ward sister. she asked her manager john for more resources. He said no in an insulting manner. suzanne went to the director of nursing with a complaint but he defended the actions of john.

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show slide 37:

say something like:

is suzanne making too much of this? What do you think of the manager’s response? What is likely to happen?

show slide 38: suzanne Playlet, segment 2suzanne brought her complaint against john and the director of nursing to her union official.

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show and read slide 39:

show slide 40:

Make the following key points: as a manager you are empowered to deal with a complaint of harassment at »local level without the need for a formal investigation

Clarify the precise nature of the behaviour complained of and the context »in which it occurred. You can then make a judgment call as to the most appropriate action to take depending on the circumstances. Very often the person against whom the complaint is made is genuinely unaware of the effects of his/her behaviour and a successful resolution can be achieved through informal discussions.

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show slide 41:

Make the following key points: it is important to keep a detailed and accurate record of the action you have »taken to resolve the matter

Monitor the situation to ensure that the behaviour does not recur and the »employee is not victimised by, for example, being subjected to hostile treatment by work colleagues

if it is not possible for you to resolve the complaint locally, it should be referred »to the Hr department.

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MEdiATiON

show slide 42:

say something like:at any stage a complaint of bullying or harassment can be referred for mediation under the dignity at Work Policy. if these types of complaints can’t be resolved locally, mediation is the preferred method for resolving them.

the objective of mediation, is to resolve the matter speedily and confidentially without recourse to a formal investigation. it requires the voluntary participation of both parties to work effectively.

if they agree to mediation a mediator will be assigned to meet with both parties, usually separately to begin with, to discuss the alleged offending behaviour. they will then bring both parties together to try to reach a common understanding and agreement on acceptable future behaviour.

a mediated agreement seeks to restore harmonious working relations. it will not result in the issues being dealt with under the disciplinary Procedure.

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FOrMAL iNvEsTiGATiON

show slide 43:

say something like:if the matter is not resolved locally or through mediation, it may be referred for a formal investigation.

at this stage the complainant must set out details of the alleged behaviour in writing including approximate dates and witnesses (if any) and the context in which the alleged behaviour occurred.

if there is some doubt as to whether the behaviour complained of falls within the definitions of bullying, harassment or sexual harassment as outlined in the Policy, a preliminary screening of the complaint will be carried out. this is to determine whether or not it is appropriate to progress the complaint under the dignity at Work Policy. the preliminary screening would be carried out by a member of the Hr department.

if the complaint is deemed to come within the scope of the dignity at Work Policy a formal investigation will be carried out in accordance with the procedure set out in the Policy.

if the complaint is deemed not to come within the scope of the dignity at Work Policy, then the employee will be informed of this and advised on the appropriate procedure for dealing with the matter (for example, under the Grievance Procedure instead).

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show and read slide 44:

TAkE LuNch brEAk FrOM 12.30 TO 13.30

TrANsiTiON TO TrusT iN cArE