Bluebird Care

Policy and Procedures on Dignity at Work

Document Reference Number: PPPG 20

Document Developed By: Bluebird Care Corporate

Revision / Edition Number: 01

Document Approved By: Brian MacGoey, Managing Director,

Bluebird Corporate.

Approval Date: 25th March 2016

Responsibility for Implementation: Managing Director of Franchise

Implementation Date: 25th March 2016

Review Date: 25th March 2018

Responsibility for Monitoring, Managing Director of Franchise & Director

Review and Audit: of Care, Bluebird Care Corporate.
1.0 PPPG Statement:

1.1 Bluebird Care acknowledge that central to the delivery of the highest possible
quality customer care is a working environment where employees feel valued,
recognised and safe. The promotion and maintenance of the dignity of all
employees plays a key role in ensuring this environment.

1.2 Bluebird Care recognises the right of all employees to be treated with dignity
and respect and is committed to ensuring that all employees are provided with
a safe working environment which is free from all forms of bullying, sexual
harassment and harassment.

1.3 Policy has a strong preventative focus and emphasises that every employee
has a duty to maintain a working environment in which the dignity of everyone
is respected.

2.0 PPPG Purpose:

2.1 This policy aims to clarify for staff and management of Bluebird Care
Services, the organisations’ policy and procedure on dignity at work.

2.2 This policy aims to provide a work environment where staff treat each other
with dignity and respect while at work.

2.3 This policy aims to ensure that all reasonable efforts are made by
management to deal with complaints of bullying or harassment at local level.

2.4 This policy aims to outline the use of mediation as an alternative to a formal
investigation where both parties jointly agree to participate in this process.

2.5 This policy aims to set out, in the event that a complaint cannot be resolved
locally or through mediation, the procedure to be followed to deal with
complaints expeditiously and with minimum distress for the parties involved.

3.0 Scope of PPPG:

3.1 This policy applies to all employees of Bluebird Care Services.

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4.0 Legislation / Other Related PPPG’s

4.1 The Health and Safety Authority’s (2007) Code of Practice for Employers and
Employees on the Prevention and Resolution of Bullying at Work.

4.2 The Labour Relations Commission’s (2002) Code of Practice Detailing

Procedures for Addressing Bullying in the Workplace.

4.3 The Equality Authority’s (2012) Code of Practice on Sexual Harassment and
Harassment at Work.

5.0 Glossary of Terms and Definitions:

5.1 What is bullying?

5.1.1 Workplace bullying is repeated inappropriate behaviour, direct or

indirect, whether verbal, physical or otherwise, conducted by one or
more persons against another or others, at the place of work and/or in
the course of employment, which could reasonably be regarded as
undermining the individual’s right to dignity at work. An isolated incident
of the behaviour described in this definition may be an affront to dignity
at work but as a once off incident is not considered to be bullying.

5.1.2 A key characteristic of bullying is that it usually takes place over a

period of time. It is regular and persistent inappropriate behaviour
which is specifically targeted at one employee or a group of
employees. It may be perpetrated by someone in a position of
authority, by employees against a manager or by employees in the
same grade as the recipient.

5.2 What bullying is not?

The following does not constitute bullying:

5.2.1 An isolated incident of inappropriate behaviour may be an affront to

dignity at work but, as a once-off incident, is not considered to be
bullying, e.g. an isolated outburst or a conflict of views.

5.2.2 Fair and constructive criticism of an employee’s performance, conduct

or attendance.

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 5.2.3 Reasonable and essential discipline arising from the good
management of the performance of an employee at work.

5.2.4 Actions taken which can be justified as regards the safety, health and
welfare of the employees.

5.2.5 Legitimate management responses to crisis situations which require

immediate action.

5.3 What is Harassment?

5.3.1 Harassment (other than sexual harassment) is any form of unwanted

conduct related to any of the discriminatory grounds covered by the
Employment Equality Acts 1998 to 2008. These grounds are: gender,
marital status, family status, sexual orientation, religion, age, disability,
race and membership of the traveller community.

5.3.2 Harassment is defined as any form of unwanted conduct related to any

of these discriminatory grounds which has the purpose or effect of
violating a person’s dignity and creating an intimidating, hostile,
degrading, humiliating or offensive environment for the person.

5.3.3 The unwanted conduct may include acts, requests, spoken words,
gestures or the production, display or circulation of written words,
pictures or other material.

5.3.4 Harassment is inappropriate behaviour based on the relevant

characteristic of the employee such as race, religion, age or any of the
other grounds covered by the Act.

5.3.5 Inappropriate behaviour that is not linked to one of the nine

discriminatory grounds is not covered by this definition.

5.3.6 Harassment may be targeted at one employee or a group of

employees.

5.3.7 Harassment may consist of a single incident or repeated inappropriate

behaviour.

5.3.8 The following are examples of inappropriate behaviour which may

constitute harassment. These examples of harassment are illustrative
but not exhaustive:

 Verbal harassment, e.g. jokes, derogatory comments, ridicule or

song.
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  Written harassment, e.g. faxes, text messages, e-mails or notices.
 Physical harassment, e.g. jostling or shoving.
 Intimidatory harassment, e.g. gestures or threatening poses.
 Visual displays, e.g. posters, emblems or badges.
 Persistent negative body language.
 Ostracising a person.

5.3.9 An act of harassment may occur outside the work premises or normal
working hours, provided the perpetrator was acting in the course of
employment, for example, at a training course, conference or work-
related social event.

5.4 What is Sexual Harassment?

5.4.1 Sexual harassment is any form of unwanted verbal, non-verbal or

physical conduct of a sexual nature which has the purpose or effect of
violating a person’s dignity and creating an intimidating, hostile,
degrading, humiliating or offensive environment for the person.

5.4.2 The unwanted conduct may include acts, requests, spoken words,
gestures or the production, display or circulation of written words,
pictures or other material.

5.4.3 Sexual harassment may consist of a single incident or repeated

inappropriate behaviour.

5.4.4 It may be targeted at one employee or a group of employees.

5.4.5 The following are some examples of inappropriate behaviour which

may constitute sexual harassment. These examples are illustrative but
not exhaustive:

 Physical conduct of a sexual nature, e.g. unwanted physical contact

such as unnecessary touching, patting or pinching or brushing
against another employee’s body.

 Verbal conduct of a sexual nature, e.g. unwelcome sexual

advances, propositions pressure for sexual activity, continued
suggestions for social activity outside the workplace after it has
been made clear that such suggestions are unwelcome, unwanted
and offensive flirtations, suggestive remarks, innuendos or lewd
comments.

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  Non-verbal conduct of a sexual nature, e.g. the display of
pornographic or sexually suggestive pictures, objects, written
materials, emails, text-messages or faxes.

 Unwanted or derogatory comments about dress or appearance.

 Leering and suggestive gestures.

5.4.6 An act of sexual harassment may occur outside the work premises or
normal working hours provided the perpetrator was acting in the course
of employment, for example, a for example, at a training course,
conference or work-related social event.

6.0 Roles and Responsibilities:

6.1 This section sets out the responsibilities of:
 Managing Directors.
 Care Managers / Care Supervisors.
 Care Workers / Employees.

6.2 Managing Directors

6.2.1 Each Bluebird Care Managing Director will ensure:

 That adequate resources are made available to promote respect

and dignity in the workplace and to deal effectively with complaints
of bullying and harassment.

 That they provide support to employees who feel that they are
being subjected to bullying or harassment

 That the necessary training is provided to all staff.

6.3 Care Managers/Care Supervisors

6.3.1 Care Managers/Care Supervisors have a particular responsibility to

implement this policy and to make every effort to ensure that bullying
and harassment does not occur, particularly in work areas for which
they are responsible. Managers and supervisors have an obligation to
deal promptly and effectively with any incidents of bullying or
harassment of which they are aware or ought to be aware.

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 6.3.2 Care Managers/Care Supervisors should ensure they:

 Explain the Dignity at Work Policy to all employees and ensure that
they understand their roles and responsibilities and how the
complaints procedure operates.

 Explain the Policy and complaints procedure to new employees as part of

their induction.

 Monitor the behaviour of new employees during their probationary period

to ensure compliance with the policy.

 Promote awareness of the policy amongst employees on an ongoing

basis.

 Undergo training that will support them to discharge their specific

responsibilities effectively.

 Set a good example by treating all employees and any other person with
whom they come into contact in the workplace with courtesy and respect.

 Be vigilant for signs of bullying and harassment and intervene before a

problem escalates.

 Respond sensitively to any employee who makes a complaint of bullying

or harassment.

 Respond promptly and discreetly to requests from employees to intervene

and seek to resolve the matter informally where appropriate.

 Ensure that an employee is not victimised for making a complaint (in good
faith) of bullying or harassment.

 Monitor and follow up the situation after a complaint is made so that the
behaviour complained of does not reoccur.

 Keep a record of all complaints and how these were resolved.

6.4 Care Workers/Employees

6.4.1 All employees have a responsibility to help maintain a working

environment in which the dignity of all individuals is respected.

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 6.4.2 All employees must comply with this policy and ensure that their
behaviour does not cause offence to fellow workers or any person with
whom they come into contact during the course of their work.

6.4.3 Employees should discourage bullying and harassment by objecting to

inappropriate behaviour.

6.4.4 Employees should inform their Care Manager / Care Supervisor if they
are concerned that a colleague is being bullied or harassed.

7.0 Procedure for employees to follow if an employee feels s/he is

being subjected to bullying or harrassment at work:
7.1 Any employee who feels that s/he is being subjected to behaviour which
undermines his/her dignity should let his/her objections be known, otherwise
the person engaging in the unwelcome behaviour may be unaware of the
effects of his/her actions.

7.2 Before deciding what course of action, if any, to take, the employee may wish
to discuss the matter on a confidential basis with their Care Manager/Care
Supervisor. The Manager/Supervisor will explain the definitions of
bullying/harassment and the various elements of the procedure to assist the
employee to make an informed choice about what action, if any, they may
wish to take.

7.3 Alternatively, the employee may seek information and advice regarding the
policy and procedure on a confidential basis at any time from any of the
following:

 A supervisor or manager in the workplace (who is not an individual’s line

manager).

 The Managing Director.

 Head of Operations at Bluebirdcare Corporate (may be contacted if the

behaviour refers to the Managing Director of the Franchise).

7.4 Informal Resolution

7.4.1 There are 3 ways to progress resolutions informally in a way that tries to
repair any breakdown in relationship between co-workers or third parties:
 Approach the alleged perpetrator directly.
 Local Intervention of an appropriate manager.
 Mediation.
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7.4.1.1 Approach the Alleged Perpetrator Directly

The employee may either approach the alleged perpetrator directly and make the
person aware that the behaviour in question is unwelcome or request a manager to
approach the person on his/her behalf. Sometimes the alleged perpetrator is
genuinely unaware that his/her behaviour is unwelcome and causing distress. An
informal discussion is often sufficient to alert the person concerned to the effects of
his/her behaviour and can lead to greater understanding and an agreement that the
behaviour will stop.

In this case the employee may find it helpful to rehearse what they intend to say to
the person concerned so that they feel more confident about initiating the discussion
and articulating the precise nature of the offending behaviour and its effects.

7.4.1.2 Local Intervention of an Appropriate Manager

Where the employee is not confident about approaching the alleged perpetrator or
where a direct approach has not resolved the matter, s/he should request the
intervention of an appropriate manager.

The manager may attempt to resolve the matter in an informal low-key and non-
confrontational manner by making the alleged perpetrator aware of the effects of
his/her behaviour. Where this does not bring about a satisfactory outcome, the
matter may be referred to the Managing Director who will make every effort to
resolve the matter between the parties. This may include the use of mediation.

7.4.1.3 Mediation

Mediation is the preferred method under the Dignity at Work Policy for resolving
complaints of bullying and harassment. The objective of mediation is to resolve the
matter speedily and confidentially without recourse to a formal investigation and with
the minimum of conflict and stress for the individuals involved. Mediation requires the
voluntary participation and co-operation of both parties in order to work effectively.

Both parties will be requested to consider the use of mediation and every effort will
be made to secure their agreement. An appropriate person (typically Managing
Director, Manager or Supervisor) who is experienced or well versed in mediation will
meet with each of the parties separately to explain the mediation process and its
benefits.

An assigned mediator will meet with both parties, usually separately to begin with, to
discuss the alleged offending behaviour. The mediator will then bring both parties
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together to reach a common understanding and agreement on acceptable future
behaviour.

A mediated agreement seeks to reach an accommodation between the parties and

thereby restore harmonious working relations. A mediated solution will not result in
the issues being dealt with under the disciplinary policy. Minimal paperwork and/or
records will be generated by this process.

If the mediation process does not produce a satisfactory outcome/remains

unresolved at this stage, the complainant may seek to have the matter resolved
through formal investigation.

Note: Mediation may be attempted at any/all points in the procedure to try to resolve
the matter. Mediation may be attempted again during the investigation or following
the outcome of the investigation.

8.0 Formal Investigation:

8.1 The relevant Bluebird Care manager will carry out the investigation into the
complaint and will manage all paperwork and communication between
relevant parties to the complaint.

8.2 The alleged perpetrator will be advised that the complaint is the subject of a
formal investigation. The alleged perpetrator will be given a copy of the written
complaint and invited to respond to the allegations in writing within 2 weeks.

8.3 A copy of the response will be forwarded to the complainant.

8.4 The investigation will be conducted thoroughly and objectively and with due
respect for the rights of both the complainant and the alleged perpetrator.

8.5 Both parties will be required to co-operate fully with the investigation.

8.6 Confidentiality will be maintained throughout the investigation to the greatest

extent consistent with the requirements of a fair investigation. It is not possible
however to guarantee the anonymity of the complainant or any person who
participates in the investigation.

8.7 While the circumstances may be difficult, both the complainant and the
alleged perpetrator may be expected to continue with their normal duties and
maintain a professional working relationship during the course of the
investigation. Management will however have due regard at all times for its
obligations to safeguard the health, safety and welfare of employees and
customers.
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8.8 It will be considered a disciplinary offence to intimidate or exert pressure on
any person who may be required to attend as a witness.

9.0 Conducting the Investigation:

9.1 The investigator will determine:

(i) Whether the complaint falls within the definition of bullying, harassment or
sexual harassment as defined in this policy.

(ii) Whether the complaint is upheld as the offending action amounted to

inappropriate behaviour, bullying, harassment or sexual harassment.

9.2 The investigator will complete an investigation within 20 working days of

receiving a complaint. Any delays beyond this timescale (i.e. one of the
parties is on leave) will need to be notified to both parties of the expected
completion date for investigation.

9.3 Both parties will be given copies of all relevant documentation prior to and
during the investigation process, i.e.

 Written complaint.
 Written response from the alleged perpetrator.
 Witness statements (which should be signed).
 Minutes of meetings.

9.4 Both the complainant and the alleged perpetrator may provide details of
witnesses or any other person whom they feel could assist in the
investigation.

9.5 The investigator will conduct separate interviews with the complainant and the
alleged perpetrator with a view to establishing the facts surrounding the
allegations. Both the complainant and the alleged perpetrator may be
accompanied by a staff representative or work colleague if so desired.

9.6 The investigator will interview any witnesses to the alleged incidents of
bullying/harassment and other relevant persons. An agreed minute of each
meeting will be issued to both parties. Confidentiality will be maintained as far
as reasonably practicable.

9.7 Persons may be required to attend further meetings to respond to new

evidence or provide clarification on any of the issues raised. The investigator

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 may, depending on the circumstances of the case, convene joint hearings
subject to the agreement of both parties.

9.8 The investigator will present preliminary conclusions based on the evidence
gathered in the course of the investigation and invite any person adversely
affected by these conclusions to provide additional information or challenge
any aspect of the evidence.

9.9 On completion of the investigation, the investigator will submit a written report
to the Bluebird Care Managing Director who will ensure that the policy has
been complied with. Both the complainant and the person(s) against whom
the complaint is made will be given a copy of the investigation report and will
be advised in writing that they may submit any comments on the report within
two weeks.

10.0 Outcome of the Investigation:

10.1 If the complaint is upheld, appropriate action will be taken e.g. progression
through the disciplinary procedure, counselling and/or mediation.
Management will monitor the workplace to reduce the likelihood of a
recurrence.

10.2 Where a complaint is not upheld, no action will be made against the
complainant provided that the complaint was made in good faith.

10.3 In the interests of all employees any malicious or vexatious complaints will be
treated very seriously and may lead to disciplinary action against the
complainant.

10.4 Victimisation or retaliation against a complainant, witness or any other party

will constitute a serious disciplinary offence.

11.0 Non-Employees:

11.1 Where complaints against non-employees are the subject of a formal

investigation the alleged perpetrator will be expected to co-operate fully with
the process and will be afforded fair procedures and an opportunity to
respond fully to the complaint.

11.2 If the complaint is upheld, appropriate sanctions will apply which may include:
 Exclusion of the individual from the premises.
 Suspension or termination of service or other contract.
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12.0 Statutory Redress:

12.1 This policy is designed to support employees in the resolution of complaints of

bullying/harassment. However, it does not prevent employees from exercising
their statutory entitlements under the Industrial Relations Acts, 1946 to 2004
or the Employment Equality Acts 1998 to 2008. Complaints under the
Employment Equality Act must be brought within 6 months of the last act of
discrimination.

13.0 Implementation Plan:

13.1 This policy and procedure will be communicated throughout the organisation
and all employees will be made aware of their responsibilities to create a
working environment which is free from bullying and harassment.

13.2 The policy will form part of the induction process for all employees.

13.3 All existing staff will be provided with access to this document on the date of
implementation of this policy.

13.4 All staff will sign a record demonstrating that they have read and agree to
comply with the content of the policy.

13.5 The Managing Director for each service will ensure that records are
maintained of the above sign-off.

14.0 Review:

14.1 This policy and procedure will be reviewed every two years or more frequently
as required.

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References

The Equality Authority (2012). Code of Practice on Sexual Harassment and

Harassment at Work. S.I. 208 of 2012. Irish Statute Book, Dublin.

The Employment Equality Acts 1998 – 2011. Irish Statute Book, Dublin.

The Health and Safety Authority (2007). Code of Practice for Employers and
Employees on the Prevention and Resolution of Bullying at Work. Health and Safety
Authority, Dublin.

The Labour Relations Commission’s (2002). Code of Practice Detailing

Procedures for Addressing Bullying in the Workplace. Department of Enterprise,
Trade and Employment, Dublin.

The Safety, Health and welfare at work Act (2005). Irish Statute Book, Dublin.

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Signature Sheet for Reading and Complying with this Policy and
Procedure

PPPG Title:

Franchise Name:

This Policy and

Procedure has
been read and Staff Name Staff Signature Date
will be complied
with (please tick)

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This Policy and
Procedure has
been read and Staff Name Staff Signature Date
will be complied
with (please tick)

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