8.

PROCEDURE FOR COMPLAINTS OF HARASSMENT, BULLYING AND DISCRIMINATION

 

8.1

Resolving Complaints Informally

 

(i) Employees are encouraged to raise their complaint with their line manager at the earliest stage.

(ii)If the employee feels that this is inappropriate she/he should contact the trade union to discuss alternative action.

(iii) Nothing in this procedure precludes employees from choosing to deal with incidents of harassment (including bullying) or discrimination themselves by confronting the offender(s) in a straight forward practical and assertive manner and telling them that their behaviour is offensive and/or unwelcome. The complainant may feel that no further action is required if the person(s) complained of apologises and agrees to refrain from similar behaviour in future. This is to be encouraged as an effective means of resolving complaints in some cases.

(iv) Most recipients of harassment (including bullying) and/or discrimination simply want the harassment (including bullying) and/or discrimination to stop. Management has a responsibility to resolve the complaint if at all possible. Some of the possible options available to Management are:­

 

    • stated in (iii) above, encourage the employee to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is unwelcome, that it offends them or makes them uncomfortable, and that it interferes with their work. If it is difficult or embarrassing for an individual to do this on their own behalf, management or another appropriate colleague may offer to accompany them.

 

    • The manager or trade union representative may approach the offender on the complainant’s behalf and explain the feeling of the complainant and urge the offender to cease/change his/her behaviour.

 

    • Arrange a meeting where all parties can be present to discuss what has happened.

 

    • Mediation or conciliation process facilitated by an independent third party (“the facilitator”), subject to the agreement of both parties and their acceptance of the proposed facilitator.

     

    Independently facilitated mediation or conciliation may be considered to be appropriate in situations where it is considered by the parties that the matter is best dealt with by a facilitator who has no connection or involvement with the school or its management.

     

    The mediation or conciliation process shall be confidential to the parties involved. In keeping with its informal, problem solving approach neither party has the right to be accompanied by a trade union/professional association representative or work colleague but this may be requested. Information from within the process shall not be sought as part of any subsequent investigation. The facilitator shall not be required to give evidence to any subsequent investigation or hearing. Both parties should seek to resolve the complaint at this stage.

    The options are not exclusive, and other options may present themselves, according to the situation.

     

    In any event, these options should be discussed and agreed by the complainant and every effort should be made in the first instance to resolve complaints by informal means.

 

N.B. If the behaviour of the employee’s manager is the subject of the complaint the employee may raise the matter with the manager’s own line manager.

 

8.2

Complaints against Headteachers

 

If the complaint is against the Headteacher a range of options to assist in resolving the matter may be considered including:­

(i) Approaching the deputy headteacher or a colleague.

(ii) Contacting the trade union representative who may contact the Headteacher’s trade union representative.

(iii) Contacting your HR Adviser who may assist directly or suggest other services e.g. Mediation Services which may be able to help.

(iv) Approaching the Chair of Governors or a governor nominated by the governing body with the particular skills to enable him/her to provide assistance in this type of problem.

 

The Chair or Governor should be nominated by the governing body for this role at the beginning of each year and the staff informed accordingly. The Chair or governor nominated must not be a member of the Discipline and Grievance Committee or the Appeals Committee.

 

It must be noted that this is the INFORMAL part of the process and that any person the employee chooses to contact to assist in resolving the problem must deal with the matter on a confidential basis.

 

8.3

Formal

 

For guidance on conducting investigations, see Education Bradford publication “Managing Investigations – A Practical Guide”.

 NB In some cases it may be desirable to use the services of an external investigator. Please contact your human resources adviser for information

 

 

 

 

 

 

 

8.4

(i) If informal methods of resolving the complaint of harassment, bullying or discrimination are inappropriate, unacceptable to either party, or have not succeeded (and the complainant has confirmed her/his wish to pursue a formal complaint) the Investigating Officer/s will carry out an investigation (See 8.4(i) and 8.6(i)). The complainant will be required to make a written statement of complaint before the investigation commences.

(ii) If the investigation takes longer than 20 working days from receipt of the written complaint, the complainant should receive a written progress report every 15 working days from the Headteacher/Chair of Governors as appropriate.

 

Allegations against a Member of Staff

(i) The Investigating Officer

 

      • If the allegation is against a member of staff the headteacher will arrange for a deputy or assistant head (not involved in the case) to undertake the investigation. (If this is not possible the school may commission an external investigator at a cost to the school- your HR Adviser will advise) The investigating officer will make recommendations to the headteacher.

 

      • Where there is no alternative the headteacher can investigate and make the decision. Whilst it is not recommended that the headteacher undertake this dual role, this may be a pragmatic approach in the circumstances. Please contact your human resources adviser beforedeciding on this process.

 

      • The investigating officer provides a written report, with the statements taken during the investigation, to the Headteacher. The headteacher decides whether the complaint is justified or not (in full or in part), informs the complainant in person of the decision and subsequently confirms the decision in writing to the complainant within 5 working days wherever possible.

 

(ii) If the headteacher upholds the complaint (in full or in part) s/he must take, or recommend, appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking the disciplinary procedures. The school’s HR Adviser will offer advice

 

If the complaint is not upheld, or upheld only in part, the complainant may request a hearing before the Discipline, Grievance and Dismissal Committee.

(iii) The hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise.

 

N.B. At the hearing the management representative will be the headteacher. The person whom the allegations are against will be a witness (as s/he is the key witness s/he may be accompanied by a trade union representative or a work colleague)

 

 

 

 

 

 

 

 

 

 

8.5

(iv)The Committee should, having heard the evidence, decide whether the complaint is justified or not (in full or in part).The decision should be made as soon as possible. Where the Committee needs time to consider the decision the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the Committee’s decision in writing, or verbally and in writing. Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal and how to exercise that right

(v) If the Committee upholds the complaint (in full or in part) they must recommend appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking disciplinary procedures. The HR Adviser will offer advise.

 

 

 

Appeal to the Governing Body

 

 

(i) If the complaint is not upheld (in full or in part) a complainant has the right to appeal the decision made at the first hearing by writing to the Clerk to the Governors within 20 working days of the decision being given.

 

(ii) The Clerk to Governors must arrange an appeal hearing as soon as possible, normally within 20 working days of the appeal being lodged. The appeal will be heard by the Appeals Committee of the Governing Body. The appeal hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise.

N.B. At the hearing the management representative will be the headteacher. The person whom the allegations are against will be a witness ( as s/he is the key witness s/he may be accompanied by a trade union representativeor a work colleague)

 

 (iii) The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the decision in writing or verbally and in writing.

(iv) The decision of the Appeals Committee is the final level of appeal.

 

 8.6

 

Allegations against a Headteacher

(i) The Investigating Officer

 

  • If an allegation is made against the headteacher the investigation will be the responsibility of governor/s
  • It is recommended that commissioning an external investigator is considered by the governors unless a governor(s) is available with the time and expertise to undertake the investigation. This will be a cost to the school.
  • If the Governing Body wishes a governor/s to undertake the investigation see Page 19 for the process for the governing body to nominate the governor/s

 

Your HR Adviser will offer advice on this matter.

 

  • The investigating officer provides a written report, with the statements taken during the investigation, to the Chair of Governors. The Chair decides whether the complaint is justified or not (in full or in part), informs the complainant in person of the decision and subsequently confirms the decision in writing to the complainant within 5 working days wherever possible.

 (ii) If the Chair upholds the complaint (in full or in part) s/he must take, or recommend, appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking the disciplinary procedures. The School’s HR Adviser will offer advise.

(iii) If the complaint is not upheld, or upheld only in part the complainant may request a hearing before the Discipline, Grievance and Dismissal Committee.

(iv) The hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise.

 

 

NB At the hearing the management representative will be the Chair of Governors. The person whom the allegations are against will be a witness (as s/he is the key witness s/he may be accompanied by a trade union representative or a work colleague)

 

 

 

 

 

 

 

 

 

8.7

(v) The Committee should, having heard the evidence, decide whether the complaint is justified or not (in full or in part). The decision should be made as soon as possible. Where the Committee needs time to consider the decision the Chair of the Committee should explain the reason for the delay and undertake to reply within 7 working days wherever possible. S/he will give the Committee’s decision in writing, or verbally and in writing. Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal and how to exercise that right.

(vi) If the Committee upholds the complaint (in full or in part) they must recommend appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking disciplinary procedures. The HR Adviser will offer advise.

 

 

Appeal to the Governing Body

(i) If the complaint is not upheld (in full or in part) , the complainant has the right to appeal the decision made at the first hearing by writing to the Clerk to Governors within 20 working days of the decision being given.

(ii) The Clerk to Governors must arrange an appeal hearing as soon as possible, normally within 20 working days of the appeal being lodged. The appeal will be heard by the Appeals Committee of the Governing Body. The appeal hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise

 

N.B. At the hearing the management representative will be the Chair of Governors. The person whom the allegations are against will be a witness (as s/he is the key witness s/he may be accompanied by a trade union representative or a work colleague)

 

 

 

 

8.8

 

 

 

 

 

(i) The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision the Chair of the Committee should explain the reason for the delay and undertake to reply within 7 working days wherever possible. S/he will give the Committee’s decision in writing or verbally and in writing.

(ii) The decision of the Appeals Committee is the final level of appeal.

 

Allegations by the Headteacher

(i) Allegations against a member of staff of harassment, bullying or discrimination

  • Follow the same procedure detailed in Section 8.6 and 8.7

(ii) Allegations against the Governing Body

  • Please contact the School’s HR Adviser (who will liaise with the Governors Support Service) for advice before taking any action.