Section 2: Employee Relations

Introduction

English Rural employees are expected to observe high standards of conduct in the course of their work.  However, in the event that the conduct of any employee falls short of these standards, this disciplinary procedure will be implemented.  In so doing English Rural aims to have a fair and systematic approach to the enforcement of standards of conduct for all employees.

The purpose of this policy is to deal with any conduct detrimental to the interests of English Rural, its relations with the public, its customers, and suppliers, damaging to its public image or offensive to other employees. The aim of this policy is to ensure consistent and fair treatment of all staff.

Who does the policy apply to?

This policy applies to all staff who have completed their probation period with English Rural. Staff within their probation period, or those on a fixed term contract of under six months are not covered by this process, however a reasonable and fair process will be followed.

Principles

If you are subject to disciplinary action the following principles will apply:

• Informal coaching and supervision will be considered, where appropriate, to improve conduct;

• The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues;

• No formal disciplinary action (e.g. a formal warning) will be taken until the matter has been fully investigated;

• Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions, or confirmation of those decisions;

• Where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause English Rural may make a decision on the evidence available.

• Before any disciplinary action (e.g. first formal warning) is taken against you:

-  You will be advised of the nature of the complaint;

-  You will be given the opportunity to state your case at a disciplinary hearing, and answer any allegations that have been made;

-  You will be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses. You must advise the person chairing a hearing with reasonable notice if you intend to call witnesses;

-  You will have the right to be accompanied to formal meetings by a fellow employee or alternatively a trade union official who is certified as having experience of, or training in acting as a worker’s companion at hearings.

• You will not normally be dismissed for a first breach of discipline except in the case of gross misconduct when the penalty will normally be dismissal without notice and without pay in lieu of notice;

• You will be given a written explanation for any disciplinary action taken;

• You have a right to appeal against any disciplinary action taken against you;

• The procedure may be implemented at any stage if your alleged misconduct warrants such action. That is to say at either the First Written Warning, Final Written Warning or Dismissal stages;

• Where disciplinary action is being considered against an employee who is a trade union representative, the Chair of the hearing will discuss the matter at an early stage with an official employed by the union, after obtaining the employee’s agreement.

Note: Carers, sign language interpreters, advocates or others will also be allowed to accompany any staff with a disability, where the provision of such support constitutes a reasonable adjustment within the meaning of the Equality Act and accompanying Codes of Practice and guidance).

Informal discussions

Wherever possible concerns in relation to employee behaviour or conduct will be dealt with through informal discussions with your manager. Your manager will discuss concerns and give you the appropriate guidance to address those concerns. Where appropriate informal warnings may be given, which do not constitute part of the formal disciplinary policy, as such there will be no disciplinary record on your file, although your manager may keep a note for reference purposes.

Mediation

Sometimes it may not be possible to resolve concerns between those directly involved and a different perspective may be helpful. In these circumstances, either at the formal or informal stages of this procedure mediation may be considered. The mediator need not come from outside the organisation but could be an internal mediator, so long as they are not involved in the disciplinary or grievance issue.

Where mediation is considered appropriate, the formal procedure may be temporarily halted.

Formal Disciplinary and Dismissal Procedure

The range of disciplinary action covered under this procedure is as follows:

• Unsatisfactory Performance will normally be dealt with through the Performance Improvement Policy;

• Further investigation if necessary;

• First written warning for more serious problems or if the required improvement is not achieved;

• Final written warning if conduct or performance is still unsatisfactory;

• Dismissal (with notice) for serious misconduct and persistent poor performance regardless of previous warnings;

• Summary dismissal (without notice) in instances of gross misconduct.

(In the case of a Director or the Chief Executive, only the Board has the authority to dismiss)

Formal warnings will be in writing and will remain ‘live’ for a specified period. At the end of the live period it will not be taken into account in determining any further or current disciplinary action, however, it may be taken into account during promotion and redundancy selection. Ordinarily the period will be 6 months for first written warnings and 12 months for final written warnings unless you are notified differently in writing.

The Procedure

Preliminary enquiries/investigation

Your manager may make preliminary enquiries to establish the basic facts of what has happened in order to understand whether there may be a case to answer under the disciplinary procedure.

If your manager believes there may be a disciplinary case to answer, they may want a more detailed investigation undertaken to establish the facts of a situation or to establish the perspective of others who may have witnessed misconduct. You may be asked to meet an investigator as part of the disciplinary investigation. You do not have the statutory right to be accompanied at such investigation meetings. The investigator will report back to your manager, and you will be informed the outcome. If the investigator suggests there has been misconduct, it is likely that you will be invited to a disciplinary hearing.

Informal Procedures

Where minor concerns about conduct become apparent, it is your manager’s responsibility to raise this with you and clarify the improvements required. A file note will be made and kept by your manager. Informal discussions like this are not part of the formal disciplinary procedure.

If the conduct fails to improve, or if further matters of conduct become apparent, your manager may decide to formalise the discussions and invite you to a first stage disciplinary hearing.

Suspension

If allegations of gross misconduct or serious misconduct are made, English Rural may suspend you while further investigations are carried out. Suspension will be on full pay; this does not imply any determination of guilt or innocence, as it is merely a measure to enable further investigation. While you are suspended you are required to be available during normal hours of work so that we can contact you if necessary. You must not contact or attempt to contact or influence anyone connected with the investigation in any way or to discuss this matter with any other employee. You must not attend or visit your place of work. If you wish to contact any employee who you feel could assist you in preparing an explanation for the allegations made against you, please contact your manager in order that arrangements can be made for the employee to be available for interview.

Stage 1 – First Written Warning for Misconduct

If we have concerns about your conduct, we will write to you explaining the concerns and invite you to a formal disciplinary hearing to discuss the concerns. This will give you an opportunity to give your perspective. You will have the right to be accompanied to the meeting.

Following a disciplinary hearing if your conduct has fallen beneath acceptable standards, a first written warning will be issued. This will be in writing and will:

•  Set out the nature of the misconduct;

• The change in behaviour required;

• The right of appeal;

• The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change.

The warning will be taken into account should any further misconduct occur (whether for similar circumstances or not) within a specified period of time.  While the warning will not remain active in relation to future disciplinary matters after the specified time (e.g. six months), a record of what has occurred will be kept and may be referred to if relevant.

Stage 2 – Final Written Warning

If the offence is sufficiently serious, or if there is further misconduct or a failure to improve sufficiently during the currency of a prior warning, we will write to you again explaining the concerns and invite you to a formal disciplinary hearing to discuss the concerns.  This will give you an opportunity to give your perspective. You will have the right to be accompanied to the meeting.

Following a disciplinary hearing if your conduct has fallen beneath acceptable standards, a final written warning may be issued. This will give details of:

• The complaint;

• The improvement required and the timescale;

• The fact that failure to improve may lead to dismissal;

• The right of appeal.

The warning will be taken into account should any further misconduct occur (whether for similar circumstances or not) within a specified period of time.  While the warning will not remain active in relation to future disciplinary matters after the specified time (e.g. twelve months), a record of what has occurred will be kept and may be referred to if relevant.

Stage 3 – Dismissal

If there is still further misconduct or a failure to improve sufficiently, we will write to you again explaining the concerns and invite you to a formal disciplinary hearing to discuss the concerns. This will give you an opportunity to give your perspective. You will have the right to be accompanied to the meeting.

Following a disciplinary hearing if your conduct remains beneath acceptable standards or if there has been insufficient improvement you may be dismissed. If you are dismissed you will be provided in writing with:

• Reasons for dismissal;

• The date on which the employment will terminate;

• The right of appeal.

If you are accused of an act of gross misconduct, it is likely that you will be suspended from work on full pay while the alleged offence is investigated. If, on completion of the investigation, English Rural is satisfied that gross misconduct has occurred, the result will normally be summary dismissal.

Appeals

If you wish to appeal against a disciplinary decision, you must do so in writing to the Chief Executive within 10 working days. Your letter must set out the grounds of the appeal. You will then be invited to attend a further hearing by the Chief Executive or a panel of 2 Board Members if the Chief Executive was previously involved in the formal process. The Appeal hearing will, ordinarily be set within 10 working days of the appeal letter – subject to everyone’s availability.  You are entitled to be accompanied by a fellow employee or trade union representative. The final decision will be communicated to you in writing. The decision of the Appeals Panel will be final.

Retaining records of disciplinary warnings

The warning will be disregarded after a specified period of time for the purposes of providing an employment reference. However, it may be taken into account in relation to future disciplinary matters where relevant.

Right to be accompanied

Subject to a reasonable request, you may be accompanied to all formal disciplinary meetings by a fellow employee or trade union representative who:

• Is chosen by you;

• Is to be permitted to address the hearing;

• Is not to answer questions on your behalf;

• Is allowed to confer with you during the hearing.

Notice Period

If your contract is terminated you will be given notice, which will commence from the date of the meeting in which the decision to terminate your contract was made.

The exception is where you are dismissed for what we believe to be gross misconduct, in such cases you will not be entitled to receive notice or pay in lieu of notice.

If you appeal against the decision, and your appeal is unsuccessful, the notice period will still start from the date of the first meeting. You will be given the statutory minimum notice, or the notice stated in your contract of employment, whichever is greater.

The statutory minimum notice period applies if you have been continuously employed for a month or more. After one month’s employment, we must give you one week’s notice. This notice increases to two weeks after two years’ service and then by a further week for each year served up to a maximum of 12 weeks if you have 12 or more years’ service.

During the notice period, your normal wages will be paid.

In some circumstances we may decide that it is inappropriate for you to work out your notice period. In such circumstances, garden leave will be granted and your wage payments will continue as normal until the end of the notice period. Alternatively, we may make receive pay in lieu of notice.

DISCIPLINARY RULES

The following is a list of the disciplinary rules. These are intended to set safe and efficient standards of performance and acceptable levels of conduct.

This list is not to be regarded as exclusive or exhaustive. Acts of misconduct not falling within one of these rules may also give rise to disciplinary action.

Misconduct

The following is a list of examples of behaviour and conduct which is viewed as misconduct. They will normally lead to a disciplinary warning unless there are very exceptional mitigating circumstances. This list is not to be regarded as exclusive or exhaustive. Acts of misconduct not falling within one of these rules may also give rise to disciplinary action:

• Unsatisfactory timekeeping including repeated lateness, an unacceptable level of attendance or failure to follow absence reporting procedures;

•  Absence without proper authorisation or reasonable cause;

• Unsatisfactory work performance. (Either repeated instances or poor work or one piece of very poor work – normally dealt with under the Performance Improvement procedure);

• Failure to use safe working practices and/or observe the requirements of the Health and Safety Policy and associated procedures;

• Failure to carry out reasonable instructions;

• Unwillingness to work co-operatively and positively as a member of a team;

• Failure to preserve the dignity, respect and privacy of others or behaviour that would breach the harmony in the workplace;

• Breach of confidentiality – to an extent short of that specified under the relevant example given for Gross Misconduct;

• Placing inappropriate, derogatory, or offensive comments on social networking sites, e.g. Facebook which affect English Rural, its staff, members or suppliers;

• Dishonesty – to an extent short of that specified under the relevant example given for Gross Misconduct;

• Behaviour liable to bring English Rural into disrepute – to an extent just short of Gross Misconduct;

• Incapability at work brought on by the use of alcohol or drugs;

• Negligence resulting in minor loss, damage, or injury to English Rural, a fellow employee or client[SG1] ;

• Impropriety or disorderly conduct whether within or outside working hours which English Rural reasonably considers to be detrimental to or conflicting with the interest of English Rural or its clients;

• Failure to disclose a personal interest which conflicts with English Rural or its clients.

• Unsatisfactory manner or/and appearance;

• Acts of bullying, harassment, sexual harassment, victimisation, or any other form of unlawful discrimination

• Any act or omission which, after investigation and due consideration to the individual circumstances is believed to amount to misconduct.

Gross Misconduct

The following is a list of examples of behaviour and conduct which is viewed as extremely serious. They will normally lead to dismissal unless there are very exceptional mitigating circumstances. This list is not to be regarded as exclusive or exhaustive. Acts of gross misconduct not falling within one of these rules may also give rise to disciplinary action:

• Intentionally making false statements when incidents or accidents are being investigated, or when applying for employment or in connection with medical examination;

• Negligence which potentially or actually results in serious loss, damage or injury;

• Physical violence or bullying;

• Theft or fraud of English Rural’s resources whether attempted or actual;

• Unauthorised possession of property belonging to English Rural, a client or another team member;

• Behaviour inside or outside working time which is liable to bring English Rural into disrepute;

• Wilful damage to property and arson;

• Serious breach of trust or confidence relating to English Rural or its client’s affairs;

• Serious incapability at work brought on by the use of alcohol or drugs;

• Deliberately accessing internet sites containing pornographic, offensive, or obscene material;

• Action leading to the cautioning or conviction of a employee for an act relevant to the employment if it is decided that this makes an employee unsuitable for the type of work or unacceptable to English Rural;

• Serious infringement of any of English Rural’s policies and procedures including the Health and Safety Policy, Equality, Diversity and Inclusion Policy, Dignity at Work Policy, and any policies regarding the use of information technology

• Any act or omission which, after investigation and due consideration to the individual circumstances is believed to amount to gross misconduct.

When contemplating invoking its disciplinary procedure and the level of sanction to impose, English Rural will consider the seriousness of the incident, previous conduct and performance and the expectation of the employee based on their experience and nature of the role; potential impact on the organisation and the team may also be taken into account.

Purpose and scope

This policy has been designed to provide a framework:

• for supporting staff to improve on under performance, and

• to provide managers with guidance on how to manage the informal and formal stages of the performance improvement process, ensure there is a consistent approach for handling all cases where performance needs to be improved.

If under performance is judged to result from conduct (over which you have control) the Disciplinary Policy will apply, instead of the Performance Improvement Policy. The fundamental distinction between capability and conduct may be expressed as “can’t” as against “won’t” respectively, the latter implying some degree of control, deliberation and/or choice. The distinction between capability and conduct may become unclear in some cases and it is possible that having investigated underlying causes, that it is appropriate to move from the Performance Improvement process to the Disciplinary process.

This policy applies to all employees whose probationary period has been successfully completed.

Principles

• Informal coaching and supervision will be considered, where appropriate, to improve performance

• No formal warnings will be given until the causes of the poor performance have been considered

• For formal action (warnings) you will be advised of the nature of the poor performance and will be given the opportunity to state your case, at a formal performance improvement meeting, before any decision is made

• You will be provided, where appropriate, with copies of examples of poor performance in advance of a formal performance improvement meeting

• At all formal stages of the procedure you will have the right to be accompanied by a trade union representative, or work colleague

• You will have the right to appeal against any formal warnings issued.

Possible Causes of Poor Job Performance

There may be many factors at the root of an employee’s unsatisfactory job performance. Some examples are as follows:

Organisational factors

• Lack of adequate training;

• Goals and targets which are unclear, poorly understood, or unrealistic;

• Systems and procedures which do not support what the employee is expected to achieve, or which are hard to understand or apply correctly;

• A major change to the job in terms of level of responsibility, duties and/or workload;

• Poor or inadequate supervision;

• Lack of co-operation from other employees, or harassment/bullying;

• Overload of work.

Personal factors

• A lack of skill or ability on the part of the employee;

• Ill-health;

• Personal problems affecting the person’s concentration.

It is important to note that:

• It is not always possible to establish the root cause of poor performance; and/or

• It is not always possible to fully eliminate the root cause of a problem.

However, this will not preclude English Rural from following the steps set out in this procedure.

Training

If the reason for your poor performance is clearly lack of knowledge or skill, positive steps through training, coaching or supervisory guidance will be given, before dismissal is contemplated. This is particularly important if the job has changed, or where you have recently been moved to a new job or promoted.

Alternative Employment

If you are failing to perform your job to the standard required due to lack of capability, offering a transfer to alternative available work, where appropriate, will be considered. Any transfer will be fully discussed and agreed with you.

Any vacancy for suitable alternative work which exists within English Rural will be considered by English Rural, as an alternative to dismissal.

Informal Procedure for dealing with Poor Performance

Most cases of poor performance will normally be dealt with initially by informal advice, coaching and counselling. These actions do not form part of the formal process. The first priority will be to try and help you to improve, wherever possible adopting the following approach:

• Explain and discuss the problem(s), with a view to reaching a shared understanding of what needs to happen to achieve the required standard;

• Clearly explain the job duties and standards of work required;

• (Managers should avoid assuming that employees know what is expected of them as this, in reality, is frequently not the case);

• You will be told precisely and specifically in what way you are failing to meet the required standards;

• Your manager will listen to what you have to say in case there are any external factors which are adversely affecting job performance (for example lack of co-operation from another employee, harassment, ill-health, overload of work);

• If the problem is thought to be health-related, expert medical advice may be sought;

• Your manager will explain to you the consequences of continued failure to meet the required standards (i.e. poor job performance could result in the start of the formal procedure);

• Where the reason for poor performance is clearly lack of knowledge or skill, positive steps will be considered to remedy this through reasonable training or coaching;

• You will be given a reasonable opportunity to improve to the standard required and time limits will be agreed;

• Your performance will be reviewed regularly;

• A note of advice and/or coaching offered, and actions agreed will be kept. A copy of this will be available to you.

If English Rural believes that it is due to your own lack of effort, then this issue would be more appropriately dealt with under the Disciplinary Policy.

Formal Performance Improvement Meetings

Where there are issues concerning your capability, these will be addressed formally through a Performance Improvement Meeting. Prior to the meeting, the employee will be advised in writing of the concerns and of their right to be accompanied at the meeting.

Stage One – First Written Warning

• A formal meeting will be organised by your manager. You will be invited to attend and will be offered the right to be accompanied at this meeting by a fellow employee or alternatively a trade union official who is certified as having experience of, or training in acting as a worker’s companion at hearings;

• The aim of the meeting is to set out the areas for improvement, listen to your comments and, where possible, agree a way forward;

• Prior to this meeting, you will be advised in writing of the broad areas of unsatisfactory performance;

• At the meeting you will be given the opportunity to state your case before a decision is made;

• If, at the end of the meeting, your manager concludes that improvements in work performance are required, you will receive a first formal warning letter which sets out:

  • The detail of the problem(s);

  • Actions expected from you – for example targets and objectives;

  • Date by which an improvement is expected;

  • Support to be offered by English Rural;

  • An explanation of what will happen if there is no improvement, or improvements are not sustained i.e. that a failure to improve could lead to a formal written warning and, ultimately, dismissal;

  • That you have the right of appeal and the name of the person to whom you can appeal.

A record of the warning will be kept on your file. Providing that satisfactory improvement has been made and is being sustained, the warning will be disregarded after 12 months for the purposes of providing an employment reference. However, the warning will be considered again in cases where the poor performance re-starts.

Stage Two – Final Written Warning

If, following a further formal meeting, your manager concludes that there has been a failure to improve performance in the timescale set at Step One, a final written warning will be issued. This written warning will state:

• The reason for the warning and the change in performance required;

• Details of any targets, timescales and support agreed;

• That the warning is the final stage of the Performance Improvement Procedure;

• That a record of the warning will be kept on your personnel records and will be disregarded for disciplinary purposes after a specified time subject to satisfactory conduct and/or performance (usually 12 months although it might be as long as a year);

• That a failure to improve performance may lead to dismissal;

• That you have a right of appeal and the name of the person to whom you can appeal.

A record of the warning will be kept on your file. Providing that satisfactory improvement has been made and is being sustained, the warning will be disregarded after 12 months for the purposes of providing an employment reference. However, the warning will be considered again in situations where the poor performance re-starts.

Stage 3 – Dismissal

If there is no satisfactory improvement in performance, your manager will write to you:

• Explaining that they are considering dismissing you;

• Setting out the reasons;

• Inviting you to a meeting to discuss this;

• Explaining that you have the right to be accompanied at this meeting by a workplace colleague or alternatively a trade union official who is certified as having experience of, or training in acting as a worker’s companion at hearings.

If, following this meeting, a dismissal occurs, you will receive a letter explaining:

• The reason for the dismissal;

• That you have a right of appeal and the name of the person to whom you can appeal;

• The date on which your employment contract will terminate;

• The period of notice.

At the meeting you will be given the opportunity to state your case before a decision is made. You may, if you wish, be accompanied by a fellow worker or alternatively a trade union official who is certified as having experience of, or training in acting as a worker’s companion at hearings.

English Rural will inform you of its decision after the meeting. You will be given a right of appeal.

Appeals

If you wish to appeal against a capability decision, you should indicate your intention to appeal in writing. You should inform the person who made the decision within a reasonable time following written confirmation of the decision. The timescale for appeal will normally be indicated in the letter confirming the decision.

We will invite you to attend an Appeal Hearing and you must take all reasonable steps to attend the Appeal Hearing.

Where possible, the appeal will be heard by a Director or the Chief Executive, who was not previously involved in making the previous decision. The result of this appeal is final.

You may, if you wish, be accompanied by a fellow worker or alternatively a trade union official who is certified as having experience of, or training in acting as a worker’s companion at hearings.

English Rural will inform you of their final decision after the Appeal Hearing.

Role and Purpose of this Procedure

Everyone, in social and work settings has a personal responsibility for their part in the conduct of their own relationships with other people. In the nature of human relationships, differences of views or styles of communication or disagreement with a decision will occur.  In the normal course of day-to-day working relationships and dialogue, such differences should be capable of resolution or accommodation between those involved, including managers as appropriate.

This grievance procedure is intended to deal with those circumstances where the problem is not able to be dealt with as part of the day-to-day interactions described above but those which your employer may reasonably be expected to have a role in resolving.

For the purposes of this procedure, a grievance is a problem or concern that has an adverse effect on your work, working relationships or working environment. English Rural encourages employees who may encounter a problem or concern to raise it informally with their manager in the first instance; you may be able to agree a solution informally between you. If the nature of the matter is such that it cannot be raised or resolved informally, English Rural have a formal Grievance Procedure that can be followed.

Where complaints relate to allegations of bullying and/or harassment, individuals may prefer to raise their concerns under our Dignity at Work Policy.  In this case, there can be no further right of redress through this grievance policy thereafter. 

General Principles

The procedure has two parts, an informal and a formal procedure. Grievances are frequently caused by either misunderstanding, or a lack of understanding. It is the responsibility of all staff to try to resolve such matters informally before they escalate. This is the purpose of the informal stage of the procedure. However, there may be occasions where an informal approach does not work or may not be appropriate. In such cases, the employee should raise a formal grievance.

Dealing with Grievances Informally

As most concerns and grievances can be resolved informally with your manager, the first informal stage is to arrange a meeting with your manager. Dealing with problems in this way can often bring about a quick resolution, as your manager may be able to resolve the matter directly and informally.

Guidance on raising a problem or complaint:

·        Clearly define the issue (with examples where appropriate)

·        Describe the impact that it is having on you and/or the role (again with examples)

·        State the action(s) you have already taken in trying to resolve the matter(s) and

·        Think about how the problem could be resolved/the resolution you seek

·        When appealing at any stage of the procedure, state why you disagree with the previous decision(s) or consider that action determined as the outcome has not resolved the matter.

Both you and English Rural will be required to keep matters discussed within the Grievance Procedure, and all written records, as confidential.

Grievance and the disciplinary process

Complaints that you may have about any disciplinary action taken against you should be dealt with as an appeal under the Disciplinary Policy.

Grievances raised whilst you are subject to disciplinary proceedings will usually be hears only when the disciplinary process has been completed. In so far as a grievance has any bearing on the disciplinary proceedings, it can be raised as a relevant issue in the course of these proceedings.

Mediation

Sometimes it may not be possible to resolve concerns between those directly involved and a different perspective may be helpful. In these circumstances, either at the formal or informal stages of this procedure, it may be appropriate for the matter to be dealt with by way of mediation, depending on the nature of your grievance.

This involves the appointment of a third-party mediator, who will discuss the issues raised by your grievance with all of those involved and seek to facilitate a resolution. Mediation will be used only where all parties involved in the grievance agree.

Where mediation is considered appropriate, the formal procedure may be temporarily halted.

Formal Grievance Procedure

If the matter is serious and/or you are unable to resolve the matter informally to your satisfaction, you are advised to progress to the formal stage. You should set out your grievance in writing to your manager, headed ‘Formal Grievance’ clearly detailing the nature of your complaint together with the resolution you seek.

Where your grievance is about your manager and you feel unable to approach him/her, you should raise it with another more senior manager, or the Chief Executive.

Your manager (or a member of the Senior Leadership Team), will acknowledge your grievance, usually within 10 working days.

Investigation

In some circumstances, it may be necessary to carry out an investigation into your grievance. This will involve a meeting with you to discuss your grievance in more detail, as well as speaking to any other individuals who may be involved or able to provide further information. Any evidence gathered in the course of these investigations, will be provided to you in advance of the grievance hearing, in order for you to consider your response. In some circumstances, evidence given by individuals may have to remain confidential. Where confidentiality is necessary, this will be explained to you and an appropriate summary of the evidence gathered will be given to you.

Grievance Hearing

Following any necessary investigation, your manager (or another manager), will arrange a meeting to discuss your grievance as soon as is reasonably practicable. At the meeting, you will be asked to explain the nature of your complaint and what action you feel should be taken to resolve the matter. Where appropriate, the meeting may be adjourned to allow further investigations to take place. You will have the right to be accompanied by a colleague or trade Union representative at this meeting.

You should ensure that you attend the meeting at the specified time. If you are unable to attend because of circumstances beyond your control, you should inform your manager as soon as possible. If you fail to attend without explanation, or if it appears that you have not made sufficient attempts to attend, the hearing may take place in your absence. 

While you will be given every opportunity to explain your case fully, you should confine your explanation to matters that are directly relevant to your complaint. Focusing on irrelevant issues or incidents that took place long before the matter in hand is not helpful and can hinder the effective handling of your complaint. The manager conducting the hearing will intervene if they think that the discussion is straying too far from the key issue. The manager may also intervene to ensure that the meeting can be completed within a reasonable timeframe, depending on the nature and complexity of your complaint.

After the meeting, you will be given a decision in writing, usually within 5 to 10 working days.

Appeal

If you remain dissatisfied with the outcome of the grievance, you should write to the Chief Executive within 10 working days of being notified of the outcome. A hearing by an Appeals Panel of 2 Board Members will then ordinarily be arranged within 10 working days, as before; you will be invited to that meeting to present your grievance and bring any relevant documents and/or witnesses. You have the right to be accompanied by a fellow employee or trade union representative. You will receive a letter normally within 10 working days confirming the outcome of the hearing. The decision of the Appeals Panel will be final.

Before submitting an appeal, you should where possible, allow a reasonable period of time for the implementation of any action decided at the hearing. Any decision made at the appeal hearing will be final.

Right to be accompanied

Subject to a reasonable request, an employee may be accompanied by a fellow employee or trade union representative who:

• Is chosen by you;

• Is to be permitted to address the hearing;

• Is not to answer questions on your behalf;

• Is allowed to confer with you during the hearing.

The Board of English Rural has ultimate responsibility for actions carried out by employees in the name of English Rural. This responsibility encompasses trusteeship of private and public money, and the housing care of people. The Board is resolute that the conduct of employees should show integrity and at all times avoid any suggestion of influence by improper motives. In order to achieve this, it is important that English Rural employees are clear about the values and standard of conduct, which must be upheld. They should not put themselves in a position where their duty to English Rural and their personal interests do or might conflict.

At English Rural, we are:

Collaborative

• We work together effectively as a team, recognising individual strengths and contributions

• We form powerful external partnerships to achieve our purpose and ambitions

Approachable

• We pride ourselves on having a transparent and accountable culture

• We are open to exploring new ideas perspectives and will respond positively to change

Respected

• We value our trusted position within the sector as experts and a leading rural housing specialist

• We are professional and will always act with the utmost integrity

Resourceful

• We are innovative, creative and will not easily give up when problems arise

• We will run an efficient and effective business, applying our resources to delivering our purpose and ambitions

Distinctive

•  We value the difference that comes from being a leading rural housing specialist

•  We will encourage new ideas and offer unique solutions when they help us to achieve our purpose

This Code of Conduct is intended to help staff better understand the behaviours that English Rural expects. The code sets high standards of conduct and honesty to which you must adhere, it also respects the seven principles of public life adopted by the Nolan Committee. You should comply with the following:

Selflessness: Make decisions solely in terms of English Rural’s interests and those of residents and partners. You should not do so in order to gain financial or other material benefits for yourself, your family, or your friends.

Integrity: Do not place yourself under any financial or other obligation to outside individuals or organisations that might influence you in the performance of your official duties.

Objectivity: in carrying out the business of English Rural, including making appointments, awarding contracts, or recommending individuals for rewards and benefits.

Accountability: be accountable for your decisions and actions and must submit yourself to scrutiny appropriate to your office.

Openness: be as open as possible about all the decisions and actions that you take. You should give reasons for your decisions and restrict information only when the wider public interest clearly demands.

Honesty: have a duty to declare any private interests relating to your duties and to take steps to resolve any conflicts arising in a way that protects the interests of English Rural, residents and partners.

Leadership: promote and support these principles by leadership and example.

This Code of Conduct includes the effect of the NHF’s Code of Governance and similar legal requirements to the former Schedule 1 of the Housing Act 1996 (since repealed). These have the effect that no person connected with English Rural can benefit from English Rural, except through normal contractual remuneration or reimbursement of expenses. Further information on the Group Expenses Policy can be found here.

English Rural shall not conduct any business, nor shall anyone within English Rural receive any benefit, which would be prohibited by this Code or regulatory requirements. Any Contractor employed must not be one in which an employee or Board Member has a financial or managerial interest, or in which a close relative is employed in a managerial capacity or has a financial interest unless this has been declared and the requirements of the code complied with.

You should recognise that failure to follow this Code of Conduct may damage English Rural and its work, so will normally be viewed as a disciplinary matter, which will be subject to English Rural’s Disciplinary and Dismissal Procedure. The guidance of the Chief Executive and Company Secretary should be sought in the event of any questions of interpretation.

Role and Purpose of this Policy

It is important that any fraud, misconduct or wrongdoing by staff or others working on behalf of English Rural, is reported properly and dealt with. English Rural therefore requires all individuals to raise any concerns that they may have about the conduct of others in the organisation or the way in which the organisation is run.

You may be worried about raising such issues or may wish to keep concerns to yourself, perhaps feeling that it is none of your business or that it is only a suspicion. You may feel that raising the matter would be disloyal to colleagues, managers or to English Rural. You may decide to say something but are concerned that you may speak to the wrong person or raise the issue in the wrong way and be unsure what to do next. This policy sets out the way in which you can raise any concerns you have, and how those concerns will be dealt with.

English Rural takes any form of malpractice seriously.

The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 to provide protection for workers who raise legitimate concerns about specified matters in the public interest. These are called “qualifying disclosures.” A qualifying disclosure is one made by an employee who has a reasonable belief that:

• A criminal offence;

• A miscarriage of justice;

• An act creating risk to health and safety;

• An act causing damage to the environment;

• A breach of any other legal obligation; or

• Concealment of any of the above.

is being, has been, or is likely to be, committed. It is not necessary for the worker to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. It is the responsibility of English Rural to investigate the matter; the individual has no responsibility for investigations.

A worker who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised, because they have made a disclosure.

If something of this nature is troubling you that you think English Rural should know about or investigate, this procedure should be used. If you are aggrieved about your personal position, the matter should be raised in line with the Grievance Procedure. However, this policy is also available to you if you have concerns about your personal position where you feel uneasy about using the Grievance Procedure, as well as where the interest of others or English Rural is at risk.

English Rural encourages workers to raise their concerns under this procedure in the first instance. If you are not sure whether or not to raise a concern, you should discuss the issue with your manager or a member of the Senior Management Team. If you wish to raise a qualifying disclosure relating to the acts or omissions of the Chief Executive, you should raise the matter with a member of the Board.

Principles

• Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. Staff and others working on behalf of English Rural should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of;

• Any matter raised under this procedure will be investigated thoroughly, promptly, and confidentially, and the outcome of the investigation reported back to the person who raised the issue;

• No employee or other person working on behalf of English Rural will be victimised for raising a matter under this procedure. This means that the continued employment and opportunities for future promotion or training of the worker will not be prejudiced because they have raised a legitimate concern;

• Victimisation of an individual for raising a qualified disclosure will be a disciplinary offence.

• If misconduct is discovered as a result of any investigation under this procedure, the Disciplinary Policy will be used, in addition to any appropriate external measures;

• Maliciously making a false allegation is a disciplinary offence;

• An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, you should not agree to remain silent. You should report the matter to the Chief Executive.

English Rural is committed to this policy. If you raise a genuine concern under this policy, you will not be at risk of losing your job or suffering any form of retribution as a result. Providing that you are acting in good faith, and in the public interest, it does not matter if you are genuinely mistaken.

English Rural will not tolerate the harassment or victimisation of anyone raising a genuine concern. However, English Rural recognise that you may nonetheless want to raise a concern in confidence under this policy. If you ask English Rural to protect your identity by keeping your confidence, it will not be disclosed without your consent. If the situation arises where English Rural are unable to resolve the concern without revealing your identity (for instance when evidence is needed to be given in a tribunal or court), English Rural will discuss with you whether and how English Rural will proceed.

Once you have raised your concern, a preliminary investigation will be conducted in order to assess what initial action should be taken. This may involve an internal inquiry or a more formal investigation. English Rural will advise you of who is handling the matter, how you can contact them and whether any further assistance may be needed from you.

When you raise the concern, you will be asked how you think the matter may be resolved. If you have a personal interest, English Rural requests that you to advise of this from the outset. It must be noted, that if your allegations are false and not made in good faith, then disciplinary proceedings will be taken against you.

During the investigation of possible malpractice, you will be advised of progress. However, English Rural may not be able to inform you of the precise action taken, for example, where disciplinary proceedings or other action of a confidential nature is taken.

How to raise a concern

If you have a concern about malpractice, English Rural hopes that you will be able to raise it first with your manager, either verbally or in writing. It should be stated that you are following this policy. If you feel unable to raise the matter with your manager, for whatever reason, please raise the matter with the Chief Executive. You should say whether you wish to raise the matter in confidence in order for the appropriate arrangements to be made.

Procedure

This procedure is for disclosures about matters other than a breach of an employee’s own contract of employment. If you are concerned that your own contract has been, or is likely to be, broken, you should use the Grievance Procedure.

Stage 1

In the first instance, any concerns should be raised with your manager. If you believe your manager to be involved, or for any reason do not wish to approach your manager, then you should proceed straight to stage 3.

Stage 2

Your manager will arrange an investigation of the matter (either by investigating the matter themselves or immediately passing the issue to someone in a more senior position). The investigation may involve you and other individuals involved giving a written statement. Any investigation will be carried out in accordance with the principles set out above. Your statement will be taken into account, and you will be asked to comment on any additional evidence obtained. Your manager (or the person who carried out the investigation) will then report to the Chief Executive who will take any necessary action, including reporting the matter to any appropriate government department or regulatory agency. If disciplinary action is required, your manager (or the person who carried out the investigation) will report the matter to the HR Advisers or any other professional party from whom advice should be reasonably sought – and start the disciplinary procedure. On conclusion of any investigation, you will be told the outcome of the investigation and what the organisation has done, or proposes to do, about it. If no action is to be taken, the reason for this will be explained.

Stage 3

If you are concerned that your manager is involved in the wrongdoing, has failed to make a proper investigation or has failed to report the outcome of the investigations to the relevant person, you should escalate the matter to the appropriate person as set out in the Escalation Table at the end of this section. This person will arrange for a review of the investigation to be carried out, make any necessary enquiries and make their own report to the next person in the Escalation Table. Any approach to the more senior person will be treated with the strictest confidence and your identity will not be disclosed without your prior consent.

Stage 4

If on conclusion of stages 1, 2 and 3 you reasonably believe that the appropriate action has not been taken, you should report the matter to the proper authority. The legislation sets out a number of bodies to which qualifying disclosures may be made. These include:

• HM Revenue & Customs;

• The Financial Conduct Authority;

• The Health and Safety Executive;

• The Environment Agency;

• The Serious Fraud Office;

• The Charity Commission;

• The Homes and Communities Agency

• The Pensions Regulator;

• The Information Commissioner;

• Protect.

You can find the full list in The Public Interest Disclosure (Prescribed Persons) Order 2014

https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2/whistleblowing-list-of-prescribed-people-and-bodies.

Escalation

Manager > Senior Manager > Chief Executive > Board Members > Chair

If these channels have been followed and you still have concerns or you feel that the matter is very serious, then the matter may be raised with the Chairman of the Board.

Policy Statement

It is the policy of English Rural to treat all employees and job applicants fairly and equally and to ensure that they are not unlawfully or unfairly discriminated against in accordance with the Equality Act 2010. Discrimination is unlawful when it takes place on one of the following grounds (known as ‘protected characteristics’):

• Age;

• Disability;

• Gender re-assignment;

• Marriage and civil partnership;

• Pregnancy and maternity;

• Race;

• Religion or belief;

• Sex;

• Sexual orientation.

The policy accompanies our Dignity at Work Policy.

Types of discrimination

• • Direct Discrimination is when someone is treated less favourably than someone else just because of a protected characteristic. For example, it would be direct discrimination if a manager was to exclude an employee from a training course just because they are gay.

In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.

• • Indirect Discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic  such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.

• • Harassment is 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. It does not matter whether or not this effect was intended by the person responsible for the conduct.

• • Discrimination by Association is where an individual is directly discriminated against or harassed for association with someone who has a protected characteristic. For example, it would be direct discrimination if an employee ostracised a colleague because the colleague had a gay flatmate.

• • Discrimination by Perception is where someone is directly discriminated against or harassed based on the perception that they have a protected characteristic when they do not, in fact, have that protected characteristic. For instance, it would be direct discrimination if an employee ostracised a colleague because they ‘think’ the colleague is gay.

• • Victimisation is when someone is subjected to a detriment because they have made or supported a complaint or raised a grievance under the Equality Act, or because they are suspected of doing so. An employee is not protected from victimisation if they have maliciously made or supported an untrue complaint.

• • Bullying is characterised by offensive, intimidating, malicious or insulting behaviour. An abuse or misuse of power through means intended to undermine, humiliate, denigrate, or injure the recipient.

• • Third party harassment relates to the harassment of employees by a third party, who are not employees of English Rural and applies to the following protected characteristics: sex, age, disability, gender reassignment, race, religion or belief and sexual orientation.

Failure to make reasonable adjustments

This is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.

Implementation, review, and responsibilities

This policy applies to recruitment and selection, terms and conditions of employment including pay, promotion, training, transfer and every other aspect of employment.

English Rural will regularly review its procedures and selection criteria to ensure that individuals are selected, promoted, and otherwise treated according to their relevant individual abilities and merits.

The English Rural is committed to the implementation of this policy. The overall responsibility for the policy lies with the Chief Executive. However, all staff are required to comply with this policy and to act in accordance with its objectives so as to remove any equality and inclusion barriers.

Every employee is required to assist English Rural to meet its commitment to provide equal opportunities in employment and avoid unlawful discrimination. Employees can be held personally liable as well as, or instead of, English Rural for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.

Acts of discrimination, harassment, bullying or victimisation against employees or customers are disciplinary offences and will be dealt with under the Disciplinary Policy. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice.

Recruitment and Selection for Employment

We will treat all applicants fairly, whether recruiting internally or externally. Job and person specifications will be limited to the requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements of the job, taking into account any reasonable adjustments that may be required for candidates with a disability. Disability and personal or home circumstances will not form the basis of employment decisions except where necessary. Selection criteria will be strictly related to job requirements and consistently applied to all applicants.

The terms and conditions of employment, benefits, facilities, and services are determined according to the needs of the business and will not be based on unfair or discriminatory criteria.

Training will be provided to all staff who make recruitment and selection decisions.

Working practices

English Rural will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if English Rural considers it has good reasons, unrelated to any protected characteristic, for doing so. English Rural will comply with its obligations in relation to statutory requests for contract variations. English Rural will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.

Equality, Diversity & Inclusion Monitoring

English Rural will monitor the ethnic, gender and age composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process.

English Rural treats personal data collected for reviewing equality, diversity, and inclusion in accordance with the Data Protection and Confidentiality Policy. Information about how data is used and the basis for processing is provided in English Rural’s privacy notices. Note: The Protection and Confidentiality Policy can be found in the GDPR Channel within the staff MS Teams group.

Training Opportunities

Access to training will be in accordance with this policy. Access to training will be available to employees based on business need and be irrespective of any protected characteristics. English Rural will provide training to raise awareness of Equality, Diversity and Inclusion for managers and others likely to be involved in recruitment or other decision making.

Appraisal

Appraisals must operate, and be seen to operate, fairly and equitably for all staff. Appraisers should be aware of their responsibilities not to discriminate on any of the ground listed above in the way they conduct the appraisal. They should also be aware of the danger of stereotyped expectations, which result in a biased approach. Appraisals should be used positively to support diversity and promote equality and inclusion.

Service users, suppliers and other people not employed by English Rural

English Rural will not discriminate unlawfully against service users using or seeking to use the services provided by English Rural.

You should report any bullying or harassment by service users, suppliers, visitors, or others to your manager who will take appropriate action.

Breaches of the policy

English Rural will not tolerate any form of discrimination by employees to employees, tenants, clients and suppliers, and will ensure any breach of the policy is treated seriously and may be dealt with as a disciplinary matter.

English Rural operates a formal grievance procedure for employees through which any complaints concerning discrimination, victimisation, bullying and harassment will be dealt with in the first instance.

Grievances

If you consider that you may have been unlawfully discriminated against, you should use English Rural’s Grievance Procedure to make a complaint. If your complaint involves bullying or harassment, the grievance procedure is set out in the Dignity at Work Policy.

English Rural will take any complaint seriously and will seek to resolve any grievance that it upholds. You will not be penalised for raising a grievance, even if your grievance is not upheld, unless your complaint is both untrue and made in bad faith.

Monitoring the effectiveness of the policy

To ensure that this policy is operating effectively (and for no other purpose) English Rural maintains records of employees’ and applicants’ age, racial origins, gender and disability.

Ongoing monitoring and regular analysis of such records provide the basis for appropriate action to eliminate unlawful direct and indirect discrimination and promote equality, diversity and inclusion.

Policy Statement

We believe that having a culture that is diverse, equitable and inclusive is core to everything that we strive to achieve and to the organisational environment we wish to protect.

One key to protecting our culture and our people is seeking to eradicate bullying or harassment at work. This policy supports this aim by setting out the steps we will take to investigate and deal with complaints of bullying or harassment, and how we support those affected.

The policy accompanies our Equality, Diversity and Inclusion Policy.

Our commitment to you

We believe that a culture of equality, diversity and inclusion not only benefits our organisation but supports wellbeing and enables our people to work better because they can be themselves and feel that they belong.

We are committed to promoting a working environment based on dignity, trust and respect, and one that is free from discrimination, harassment, bullying or victimisation.

A toxic workplace culture, where bullying or harassment is tolerated, is harmful to the wellbeing of the workforce as well as the wider organisation.

We therefore adopt a zero-tolerance approach to instances of bullying or harassment.

What we expect from you

We expect you, and every one of our people, to take personal responsibility for observing, upholding, promoting and applying this policy. Whatever your job is, this is part of your role.

Any dealings you have with third parties, including customers, suppliers, contractors, agency staff and consultants, must be free from discrimination, harassment, victimisation or bullying.

If any of our people is found to have committed, authorised or condoned an act of bullying or harassment, we will take action against them (for those to whom it applies) under our Disciplinary Policy, up to and including dismissal.

There is no justifiable reason to bully or harass someone else. For example, observing a particular religion is not a legitimate reason for bullying or harassing a colleague because of their sexual orientation. Even if you do not intend to bully or harass someone else, this does not legitimise your behaviour as it is the impact on the recipient that is important.

You should be aware that you can be personally liable for harassment.

If you experience bullying or harassment, we encourage you to speak up without delay and to ask for appropriate support (see What to do if you are being bullied or harassed).

Who is protected from harassment

The Equality Act 2010 prohibits discrimination because of certain protected characteristics. These are:

• disability;

• sex;

• gender reassignment;

• marital or civil partnership status;

• race;

• religion or belief;

• sexual orientation; and

• age.

Although pregnancy and maternity and marriage and civil partnership are not specifically protected under the legal provisions on harassment, we consider harassment on any ground to be unacceptable.

Meaning of harassment

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of:

• violating someone else's dignity; or

• creating an intimidating, hostile, degrading, humiliating or offensive environment for someone else.

Harassment can occur where someone perceives another person to have a protected characteristic, for example a perception that someone is transgender even if they are not.

Harassment can also arise by association, where someone is harassed because they are associated with someone with a protected characteristic, for example having a family member of a particular religion.

Examples of harassment

• Harassment can occur in many forms, and can take place either at work or outside work. While this is not an exhaustive list, examples include:

• "Banter", jokes, taunts or insults that are sexist, racist, ageist, transphobic, homophobic or derogatory against any other protected characteristic;

• Unwanted physical behaviour, for example, pushing or grabbing;

• excluding someone from a conversation or a social event or marginalising them from the group;

• Derogatory comments about pregnancy, maternity leave or IVF treatment;

• Mimicking or making fun of someone's disability;

• Derogatory or offensive comments about religion;

• Unwelcome comments about someone's appearance or the way they dress that is related to a protected characteristic;

• "Outing" (i.e. revealing their sexual orientation against their wishes), or threatening to "out", someone;

• Consistently using the wrong names and pronouns following the transition of a person's gender identity;

• Displaying images that are racially offensive; and

• Excluding or making derogatory comments about someone because of a perceived protected characteristic, or because they are associated with someone with a protected characteristic.

Meaning of Sexual Harassment

Harassment may be sexual in nature. The law defines sexual harassment as:

• Conduct of a sexual nature that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment; and

• Less favourable treatment related to sex or gender reassignment that occurs because of a rejection of, or submission to, sexual conduct.

Examples of sexual harassment

Sexual harassment can occur in many forms. While this is not an exhaustive list, examples include:

• Physical conduct of a sexual nature, unwelcome physical contact or intimidation;

• Persistent suggestions to meet up socially after a person has made clear that they do not welcome such suggestions;

• Showing or sending offensive or pornographic material by any means (e.g. by text, video clip, email or by posting on the internet or social media);

• Unwelcome sexual advances, propositions, suggestive remarks, or gender-related insults;

• Offensive comments about appearance or dress, innuendo or lewd comments;

• Leering, whistling, or making sexually suggestive gestures; and

• Gossip and speculation about someone's sexual orientation or transgender status, including spreading malicious rumors.

Bullying

There is no legal definition of bullying. However, we regard it as conduct that is offensive, intimidating, malicious, insulting, or an abuse or misuse of power, and usually persistent, that has the effect of undermining, humiliating or injuring the recipient.

Bullying can be physical, verbal or non-verbal conduct. It is not necessarily face to face and can be done by email, phone calls, online (cyber-bullying) or on social media. Bullying may occur at work or outside work.

If the bullying relates to a person's protected characteristic, it may also constitute harassment and, therefore, will be unlawful (see Harassment).

Examples of bullying

While this is not an exhaustive list, bullying may include:

• physical, verbal, or psychological threats;

• excessive levels of supervision; and

• inappropriate and derogatory remarks about a person's performance.

It is important to understand that legitimate, reasonable and constructive criticism of a person's performance or behaviour, or reasonable instructions given to people in the course of their employment, will not of themselves amount to bullying.

Microaggressions

Microaggressions - sometimes called micro-incivilities - are statements, actions, or incidents that are regarded as indirect, subtle, or unintentional discrimination against members of a marginalised group such as a racial or ethnic minority. They are sometimes referred to as "death by a thousand cuts". Microaggressions generally take one of three forms:

• Micro-assaults: Conscious and obvious insults made verbally or non-verbally to a marginalised individual or group, for example directing limp-wristed hand gestures towards a gay colleague and saying, "It's just a joke".

• Micro-insults: Unintentionally insensitive remarks or assumptions based on stereotypes, for example saying to a person with a disability "You don't look disabled to me".

• Micro-invalidations: Where a person denies, or seeks to cancel, the feelings and lived experiences of a marginalised individual or group, for example a white person saying, "I don't think the UK has a problem with racism - some people are just too sensitive".

Serious microaggressions can amount to unlawful harassment, bullying or discrimination but even less serious microaggressions can negatively impact the health and wellbeing of the person experiencing them.

What to do if you are being bullied or harassed

Informal route

Bully/harasser is a colleague

If you feel able to, you may decide to raise the issue with the individual themselves, to make clear that their behaviour is not welcome and to ask them to stop. They may not be aware that their behaviour is offending you.

Alternatively, if you do not feel up to speaking directly to the individual, you may consider asking your manager or a colleague.

You may or may not want them to talk to the individual on your behalf and, where possible, we will respect your wishes. However, if the welfare or safety of you or others is at risk or where your allegations are particularly serious, we may have to approach the individual and instigate a formal investigation. In such a case we will, where possible, discuss this with you first.

Bully/harasser is a third party

If you are experiencing bullying or harassment by a third party, for example a client or a supplier, we encourage you to report this to your manager without delay so that they can advise and support you on the best course of action.

Formal route

If you are not happy with the outcome of an informal process, or if you feel it is not appropriate to approach the issue informally, you may decide to raise it formally.

To make a formal complaint, you should discuss this first with your manager. If your complaint is about your manager, you should raise this with a more senior manager.

While you can raise a formal complaint of bullying or harassment under our Grievance Procedure, you may prefer to do so under this policy because it is specifically aimed at dealing with such issues. You should be aware that you cannot raise a complaint under this policy if you have raised a complaint about the same issue already under the Grievance procedure.

Under the formal procedure within this policy, we will usually:

• Ask you to set out your complaint in writing and include as much detail as possible, for example the alleged bully/harasser's name, the nature of the bullying/harassment, the dates of the alleged acts of bullying/harassment, names of any witnesses, and details of any action taken to address the matter so far;

• Hold a meeting with the alleged bully/harasser to ascertain their response to the allegations;

• Carry out further investigations where necessary, including interviewing potential witnesses who we will instruct to keep the matter confidential;

• Invite you to a meeting to discuss your complaint in full and where you will have the right to be accompanied by a colleague or trade union representative;

• Hold a meeting with you to enable us to ask you further questions in light of any information we have gathered from the alleged bully/harasser and/or witnesses;

• Consider all the evidence in full and make a decision; and

• Inform you of our decision and, if we uphold the complaint, instigate disciplinary action up to and including dismissal against the bully/harasser.

We will investigate fully every formal complaint in an objective and confidential way, while also ensuring that we respect your rights as well as the rights of the alleged bully/harasser.

We will use every effort to complete an investigation into bullying or harassment as quickly as possible.

Where the alleged bully/harasser is a third party, we may need to adjust the procedure under this policy to ensure we conduct appropriate investigations and we will discuss this with you.

Appeals

If you are not satisfied with the outcome of the formal investigation, you have the right to appeal.

Should you wish to appeal, you should write to the Chief Executive setting out what aspects of the decision you are unhappy with and the reasons why. Appeals should be submitted without unreasonable delay and usually no longer than 10 working days after we inform you of the decision.

The Chief Executive will arrange a meeting with you to discuss your appeal in full and to try and reach a satisfactory solution. You must take all reasonable steps to attend this meeting and you may be accompanied by a colleague or trade union representative.

The Chief Executive will write to you to confirm the outcome of the appeal, which will be final.

Support for those affected or involved

We understand that anyone affected by, or involved with, a complaint of bullying or harassment may feel anxious or upset and we will do what we can to support you.

If you feel you cannot continue to work in close contact with the alleged bully/harasser, we will consider seriously any requested changes to your working arrangements during our investigation into the matter.

Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If you feel you have suffered such victimisation, please inform your manager as soon as possible.

Regardless of the outcome of your complaint, we will consider carefully how to best approach any ongoing working relationship between you and the individual concerned. For example, depending on the specific circumstances, we may consider amending the job duties, location or reporting lines of either you or the other person. Alternatively, we may decide workplace mediation or counselling is appropriate.

Sensitivity and confidentiality

Anyone involved with an informal or formal complaint about bullying or harassment, including witnesses, must keep the matter strictly confidential and act with appropriate sensitivity to all parties.

If you are found to have breached confidentiality or acted without due care or sensitivity in a case of bullying or harassment, we may take disciplinary action against you up to and including dismissal (or other appropriate action for non-employees).

Consequences of breaching this policy

If, following a formal investigation, we find that you have committed, authorised or condoned an act of bullying or harassment, we will deal with the issue as a possible case of misconduct or gross misconduct.

We may take disciplinary action against you, up to and including dismissal (or other appropriate action for non-employees). Please refer to our Disciplinary Policy for further information.

Anyone who complains or takes part in good faith in a bullying or harassment investigation must not suffer any form of detrimental treatment or victimisation. If we find that you have victimised anyone in this way, we will instigate disciplinary action against you up to and including dismissal (or other appropriate action for non-employees) under our Disciplinary Policy.