Dignity at work policy

1. Purpose and scope

1.1 This policy aims to foster a positive culture for working which supports equality, diversity and inclusion and respect for the rights of others.

1.2 It aims to promote an inclusive environment where all individuals are treated with dignity and respect, free from bullying, harassment, victimisation, and discrimination.

1.3 It also aims to provide a consistent, fair, and reasonable approach for managing and resolving concerns about individual and/or organisational behaviour.

1.4 This policy applies to all RoS colleagues (which may include employees, contingent workers and contractors).

1.5 It covers conduct which occurs in individual and team activities and dealings with other third parties such as customers, suppliers or visitors to our premises. This may be in a workplace situation; during any situation related to work (e.g. a customer or supplier event); against a colleague or other person connected to RoS outside of a work situation (e.g. on social media); against anyone outside of a work situation where the incident is related to their suitability to carry out their role.

1.6 This policy should be read in conjunction with the grievance policy and procedure, Appendix 1: Dignity at Work guidance, and Be RoS - the expectation.

2. Guiding principles

2.1 RoS colleagues should not experience bullying, harassment, victimisation, or discrimination while at work.

2.2 All colleagues are considerate of each other and treat each other with respect.

2.3 Unlawful discrimination in any form is unacceptable.

2.4 All ’ skills and abilities are valued.

2.5 This policy aims to ensure that occurrences of bullying, harassment, victimisation and discrimination, are taken seriously, and dealt with promptly and with sensitivity.

2.6 Where appropriate, concerns or complaints about an employee’s dignity at work will be managed informally in line with the grievance policy and procedure.

2.7 If informal resolution is not appropriate or possible then employees should raise the issue formally using the formal grievance procedure.

2.8 For colleagues who are not direct RoS employees, concerns or complaints will be raised with their suppliers, employers or agencies to manage.

3. Definitions

3.1 Harassment: Defined by the Equality Act 2010 as: “Unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.” This includes, but is not limited to, verbal, physical, sexual and digital harassment from colleagues or third-party harassment (e.g. by customers or clients). It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past. RoS has a customer behaviour policy and takes any form of unacceptable behaviour seriously.

3.2 Sexual harassment: Sexual harassment is unwanted behaviour of a sexual nature which has the purpose or the effect referred to above. We will not tolerate sexual harassment, whether by a member of staff or a third party. A person can experience unwanted conduct from someone of the same or a different sex. Sexual conduct that has been consensual in the past may become unwanted.

3.3 Third-party harassment: Third-party harassment occurs where a person is harassed by someone who does not work for, and who is not an agent of, the same employer, but with whom they have come into contact during the course of their employment. Third-party harassment could include, for example, derogatory comments about a person's age, disability, pregnancy, colour, religion or belief, sex or sexual orientation, by a client, customer or supplier visiting the employer's premises, or where a person is visiting a client, customer or supplier's premises or other location in the course of their employment.

3.4 Discrimination: Treating an individual unfairly because the individual has, or is perceived to have a protected characteristic, or because of their association with someone who has a protected characteristic. The protected characteristics are:

• age
• disability
• gender reassignment
• race including colour, nationality, ethnic or national origin
• religion or belief
• sex
• sexual orientation
• pregnancy and maternity
• marriage and civil partnership.

3.5 Bullying: Bullying is not defined in law, but for the purposes of this policy is defined as: offensive, intimidating, malicious or insulting behaviour which intentionally or unintentionally undermines, humiliates, denigrates or injures the recipient.

3.6 Psychological safety: Ensuring that colleagues feel safe to speak up about concerns without fear of retaliation.

3.7 Victimisation: This occurs when an individual is subjected to a detriment because he/she has, in good faith, done, or is suspected of doing or intending to do, a protected act. For the purpose of this policy, this may be that someone has made an allegation of harassment, or has assisted another person in bringing forward such an allegation, or participated in an investigation of a complaint or disciplinary hearing.

3.8 More detail on each of these aspects is in appendix 1.

3.9 If you experience or witness any of the above, RoS urges colleagues to report it in accordance with paragraph 6.

4. Roles and responsibilities

4.1 All colleagues have a responsibility to:

• demonstrate respect and integrity in interactions with individuals and teams
• work collaboratively, collegiately, and effectively in teams within and across organisational units
• identify and challenge unacceptable behaviour when it occurs, even if it is not directed at ourselves
• address and resolve matters informally, where reasonably possible, in a positive and constructive way
• raise more serious concerns with senior managers or the Employee Relations (ER) team and participate positively in approaches to resolve them
• modify our behaviour should we become aware that we have behaved unacceptably in relation to this policy, even if no complaint has been made.

4.2 Managers have a responsibility to:

• lead in promoting and role modelling a culture of dignity and respect
• ensure that they and their team are familiar with this policy
• take all concerns, complaints and reports seriously, responding promptly, sensitively and appropriately
• take timely, relevant action to resolve concerns informally where appropriate, and seek advice from the ER team when necessary
• support the use of the formal Grievance Policy and Procedure where complaints cannot be resolved informally.

4.3 RoS as an employer, has a responsibility to ensure that:

• we foster a positive culture for working which supports mutual respect
• we treat all colleagues with openness, respect, and dignity
• complaints of harassment, bullying, victimisation, or discrimination will be treated seriously, sensitively, and, where appropriate, confidentially
• we take reasonable steps to ensure the physical safety of our colleagues and address concerns about inappropriate behaviour, while fostering an environment where psychological safety is supported
• malicious or vexatious allegations are dealt with in line with RoS disciplinary policy and procedure where appropriate
• we take all reasonable steps to prevent sexual harassment in the workplace, ensuring this covers all employees, including workers and contractors
• we monitor all complaints and their outcomes to identify patterns and determine if further interventions are needed to keep colleagues safe and ensure they are treated with dignity and respect, this also informs any required training or development to enhance our workplace culture
• We have carried out an assessment to assess the risk of different forms of harassment occurring in our workforce, including in different roles and departments, the steps we could take to reduce those risks and which of those possible steps are reasonable. This risk assessment will be reviewed annually.

4.4 RoS will take the following steps to prevent sexual harassment by third parties:

• make it clear to our customers, suppliers and others who work with us that we have a zero tolerance policy in relation to third party sexual harassment
• provide regular training for managers and colleagues to raise awareness of rights related to sexual harassment and of this policy
• will provide specific training for managers to support them in dealing with complaints;
• take steps to minimise occasions where colleagues  work alone and, where possible, ensure that lone workers have additional support
• carry out a risk assessment when planning events attended by [customers] and/or suppliers
• If a complaint of third-party harassment is received, RoS  will seek to investigate the allegation and may warn the [customer] or supplier about their behaviour, ban them from our premises and/or report any alleged criminal acts to the police.

5. Unacceptable behaviour

5.1 RoS expects all its colleagues to treat others with dignity and respect. RoS regards bullying, harassment, victimisation, or discrimination as unacceptable behaviour which will not be tolerated. Appendix 1: Dignity at Work Guidance provides definitions of bullying, harassment, victimisation, and discrimination.

5.2 RoS will respond promptly and sensitively to formal complaints, and where appropriate take disciplinary action which could result in dismissal and/or termination of contract without notice.

5.3 As well as giving rise to disciplinary action, harassment is unlawful and individuals may be held personally liable for their actions. In some cases, their behaviour may also amount to a criminal offence.

5.4 Examples of unacceptable behaviour/misconduct including bullying and harassment are set out in Appendix 1: Dignity at Work Guidance.

6. Resolution

6.1 RoS recognise that conflict can arise. In some instances, it can be managed between the individuals involved, but this depends on the nature and seriousness of the issue. Where appropriate and possible, colleagues are encouraged to seek informal resolutions. Employees may find it helpful to speak to their manager, someone from ER, or a recognised Trade Union representative for independent advice or support during the informal resolution process. However, RoS recognises that this is not always suitable, and in such cases, the following steps should be taken.

6.2 If an employee believes they are being subjected to treatment which is in breach of this policy, they should engage with the ER team to determine how best to resolve the situation.

6.3 Before deciding or advising on next steps, RoS will consider [e.g. if there is anyone else, they  need to agree the next steps with; the nature of the complaint; how serious the allegations are; any evidence RoS have so far, what they  need to do to look into the complaint if RoS  need to look into it further].

6.4 Following advice from HR, if the employee feels able to, they may address the behaviour directly with the person involved, but this is not always expected, particularly in more serious cases (eg harassment). In this instance the employee may also seek advice and support from a manager or RoS recognised Trade Union representatives. These resources are available to help navigate and resolve concerns confidentially.

6.5 If an employee does not feel able to resolve the matter themselves, or if it is not possible or appropriate (eg in cases of sexual harassment), the HR team can provide guidance on the best course of action, which may include discussion, raising the issue with senior management, or accessing staff support services such as mediation and counselling.

6.6 If the problem has not been resolved by informal means, or the employee feels it cannot be resolved through informal means, then they should consider raising a formal grievance in line with the grievance policy and procedure.

6.7 If the incident concerns a [customer AND/OR client] or other third party, the employee may wish to ask their manager or ER to intervene for them  on an informal basis as a first step. In any event, RoS will consider what action may be appropriate to protect the complainant (and anyone else involved) pending the outcome of the  investigation into the matter, bearing in mind the needs of the  business and the rights of the third party. RoS will try to discuss the matter with the third party or their employer where appropriate.

6.8 If a colleague tells us that sexual harassment has occurred, is occurring or is likely to occur (whether they themselves are subject to harassment, or a witness to it), that may amount to whistleblowing, which falls within our whistleblowing policy.

7. Immediate advice and support

7.1 If you are experiencing distress, feel unsafe, or believe there is an immediate risk to your wellbeing, please contact your manager, Employee Relations or a senior manager as soon as possible so that appropriate support can be put in place.

• Employee Assistance Programme 
• Mental Health First Aiders
• Your trade union representative – PCS

8. Training and awareness

8.1 RoS will provide regular training and awareness on dignity at work and harassment prevention. Appropriate training will be mandatory for all employees.

9. Approval and review

9.1 This policy will be reviewed and approved by the Strategic People Authority (SPA) every 12 months, unless earlier review is appropriate.