Approved for adoption by the Governing Body: October 2022
Date of Review: Autumn 2024
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DIGNITY AT WORK POLICY AND PROCEDURE
FOR SCHOOL BASED STAFF
Produced by Schools’ HR
Tel: 0151 233 3901
www.ednet.co.uk
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DOCUMENT STATUS
Version Date Action
Version 1 2014
Revision 1 7/6/17 Amendments fully agreed at Special JCC
Review Date 2019/20
DIGNITY AT WORK POLICY AND PROCEDURE
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POLICY
1. INTRODUCTION
Individuals are entitled to be treated fairly and with dignity and respect. All members
of the school community have a responsibility in creating an environment where
harassment, bullying, unfair treatment, discrimination and disrespectful behaviour
towards others is not tolerated.
2. PURPOSE
2.1 The aim of this policy and procedure is to ensure that individuals know what
behaviours are expected of them, what behaviours are likely to be unacceptable and
for the maintenance of high standards of behaviour of those individuals. School
expects all employees and Governors to treat each other with respect, courtesy and
consideration and they have the right to expect to be treated likewise by others.
2.2 School will take seriously any complaints raised under this policy and any employee
or Governor found to be engaging in behaviour deemed to be unacceptable may be
subject to disciplinary action.
3. SCOPE
3.1 This policy and procedure applies to all employees who are employed by, or under, a
school Governing Body who has formally adopted this policy and procedure.
3.2 This policy and procedure applies to all members of the school’s Governing Body
where this policy and procedure has been adopted by the Governing Body.
3.3 Individual records must be treated as confidential by all parties concerned.
4 DEFINITIONS
4.1 Bullying may be defined as:
Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power
through means that undermine, humiliate, denigrate or injure the recipient (Acas)
4.2 Harassment as defined in the Equality Act 2010 is:
Unwanted conduct related to a relevant characteristic, which has the purpose of
effect of violating an individual’s dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for that individual
5. EXPECTED BEHAVIOURS
5.1 Examples of behaviours expected of individuals include, but are not limited to: –
▪ To encourage and listen to others, appreciate their perspective and take account
of views, concerns and feelings.
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▪ To recognise the needs of others who may have special requirements and
provide assistance and support with those needs.
▪ To act in a professional manner toward all members of the school community.
▪ To build working relationships based on trust, respect, co-operation and support.
▪ To have an understanding of how ones behaviours and interactions can impact
on and affect others.
▪ To display a commitment to equality of opportunity and dignity at work.
6. UNACCEPTABLE BEHAVIOURS
6.1 Examples of unacceptable behaviours include, but are not limited to:-
▪ Spreading malicious rumours, or insulting someone by word or behaviour
▪ Copying memos that are critical about someone to others who do not need to
know.
▪ Ridiculing or demeaning someone – picking on them or setting them up to fail
▪ Exclusion or victimisation
▪ Unfair treatment
▪ Overbearing supervision or other misuse of power or position
▪ Unwelcome sexual advances – touching, standing too close, display of offensive
material, asking for sexual favours, making decisions on the basis of sexual
advances being accepted or rejected
▪ Making threats or comments about job security without foundation
▪ Deliberately undermining a competent worker by overloading and constant
criticism
▪ Preventing individuals progressing by blocking promotion or training opportunities
without good reason.
7. RESPONSIBILITIES
7.1 It is the duty of every member of staff to take responsibility for their behaviour
7.2 Management have a duty of care to all employees and will ensure that this policy is
effectively applied
7.3 Anyone experiencing unacceptable behaviours has the right to avail themselves of
this policy
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PROCEDURE
8. PRINCIPLES
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8.1 Individuals are encouraged to deal with any instances of inappropriate behaviour
under the informal stage, thorough open and honest discussion.
8.2 A complainant has the right to be represented at each stage of the formal procedure
by a trade union representative or work colleague.
8.3 Any other party or parties who may be identified as the focus of the complaint also
has the right to be represented by a trade union representative or work colleague at
investigation meetings and dignity at work hearings.
8.4 The trade union representative or work colleague accompanying any of the
individuals described above must not be involved/potentially involved in the
complaint.
8.5 No Governor with prior involvement at an earlier stage may hear any subsequent
appeal.
8.6 The manager or Governors dealing with the complaint or appeal may where
appropriate be supported by the school’s HR provider.
8.7 Timescales may be extended by agreement with both the employee and
management.
8.8 Dignity at work appeals committees will have the power to allow or disallow the
appeal or vary the decision appealed against. Their decision is final and there is no
further internal process to follow.
8.9 Dignity at work appeal committees should normally consist of three governors.
However, where this is not possible the committee may comprise two governors.
8.10 Where an employee pursues a complaint in good faith, which is not upheld after
investigation, no action will be taken. If however an employee pursues a complaint
that is proven to be malicious or vexatious, disciplinary action may be taken.
8.11 Where an employee pursues their Dignity at Work complaint to Stage 3 this part of
the procedure will take place under the Stage 3 – Appeal Hearing of the Grievance
Procedure. As such following the outcome of the Appeal Hearing the employee
cannot raise a further grievance in relation to the original Dignity at Work complaint
under the Grievance Procedure.
9. MEDIATION
9.1 Mediation is a proven tool to resolve work place issues and is highly recommended.
It is an informal, confidential, fast and a fair way for people to work through a
disagreement. It is a voluntary process and encourages solutions which work for all
participants.
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9.2 At the earliest opportunity consideration should be given to resolving issues via
mediation. Mediation can be entered into at any point. As mediation is voluntary,
both parties need to agree to enter into the process. Any mediation undertaken will
take place with a trained mediator agreed by both parties.
The mediator is a suitably trained independent person who does not take sides but
who will help the people in dispute find a solution to the issues that both can agree
to. Further information on mediation can be found on the Acas website at
www.acas.org.uk and in the guide Mediation Explained.
10. STAGES OF THE PROCEDURE
10.1 Stage 1 – Informal Stage – Discussion
10.1.1 If an individual feels that they have been treated inappropriately they should
wherever possible speak to the other person(s). They should describe the
behaviour which they find offensive, explain how this behaviour makes them
feel and ask for this to stop. This is a possible opportunity where mediation
could be effective.
10.1.2 If, after addressing this, the inappropriate behaviour continues or the
complainant remains dissatisfied they should consider moving to stage 2 –
formal stage.
10.2 Stage 2 – Formal Stage – Investigation
10.2.1 Individuals should put their complaint in writing.
10.2.2 A pro-forma is included at Appendix 1. Employees are not required to
complete Appendix 1, however this may assist them in detailing their
complaint.
10.2.3 The written complaint should detail the following;
▪ The nature of the complaint
▪ Details of any informal action to resolve this. If no informal action has been
taken the reasons why.
▪ Why they are still dissatisfied.
▪ The outcome they are seeking and how this might be achieved.
10.2.4 The written submission should be given to the Head teacher, or where the
Head teacher is the complainant or subject of the complaint, to the Chair of
Governors.
10.2.5 It is expected that formal complaints are raised within 20 working days of
the outcome of the stage 1 – informal stage discussion, or within 20 working
days of the inappropriate behaviour, or where a series of associated
incidents have occurred, within 20 working days of the last of these
incidents, where this could not be raised informally.
10.2.6 Where a formal written grievance has been received the Head teacher or
Chair of Governors will write back to the complainant to confirm receipt. An
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investigating officer will be appointed. Where possible this person will be
agreed by all parties however in the event that agreement cannot be
reached, the final decision will rest with the school. The Head teacher or
Chair of Governors, if they have had no previous involvement, may choose
to investigate the complaint themselves.
10.2.7 The Investigating Officer will arrange to interview the complainant to gather
information. Notes of the interview will be given to the complainant and they
will be asked to sign a copy of the notes.
10.2.8 The Investigating Officer will also write to the person being complained
about to inform them that a formal complaint has been received. They will
also be informed that they will be interviewed as part of the investigation.
10.2.9 The Investigating Officer will carry out an investigation and will interview
appropriate witnesses. Notes of all interviews will be taken. The interviewee
will be given a copy of the notes and will be asked to sign them.
10.2.10 If, for any reason, the interviewee wishes to remain anonymous this will be
respected, however depending on the nature of the complaint and the
information gathered the Investigating Officer may not be able to guarantee
future anonymity.
10.2.11 Following the investigation the Investigation Officer will offer both parties the
opportunity to meet with them individually to discuss the findings and
outcomes.
10.2.12 Outcomes of the investigation can include but will not be limited to: –
▪ No action to be taken
▪ Complaint upheld / partially upheld
▪ A recommendation to attempt to resolve the issue between the parties
through discussion and/or mediation.
▪ A recommendation to invoke the disciplinary procedure against the
person(s) being complained about.
▪ A recommendation to invoke the disciplinary procedure against the
complainant, should the Investigating Officer believe that the complaint
was malicious or vexatious.
▪ Some other action eg retraining, counselling
10.2.13 The findings will be confirmed in writing to both parties. Where the
investigating Officer recommends invoking an investigation under the
disciplinary procedure against the person being complained about or the
complainant, as the Investigating Officer believes that the complaint was
malicious or vexatious, this decision will not be relayed to the other parties
involved. The investigation from this procedure will be used to inform the
disciplinary procedure and all witnesses should be asked for consent for
their information to be shared.
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10.2.14 If the complainant remains dissatisfied with the response from the
Investigating Officer they should consider moving to stage 3 – appeal
hearing. This involves putting their case before a committee of Governors
and is dealt with under the Grievance Procedure
10.3 Stage 3 – Appeal Hearing
10.3.1 The complainant should put their appeal in writing to the Investigating
Officer within five working days of receipt of the letter confirming the findings
and outcomes from the stage 2 investigation.
10.3.2 A pro-forma is enclosed at Appendix 2. Complainants are not required to
complete Appendix 2, however this may assist them in detailing their
grounds for appeal.
10.3.3 The written appeal should detail the following;
▪ The nature of the complaint
▪ Details of any previous action to resolve this.
▪ Why they are still dissatisfied.
▪ The outcome they are seeking and how this might be achieved.
▪ Grounds of appeal
10.3.4 The purpose of the appeal hearing is to determine whether the investigation
was fair and/or whether the outcomes are reasonable in all the
circumstances. There will be no reassessment of the case unless the
process has been found to be flawed. The committee is under no obligation
to consider new information, which has not been considered previously, at
this stage.
10.3.5 If the Investigating Officer’s outcome is to invoke the disciplinary procedure
against the person(s) being complained about, the original complainant has
no right of appeal against any disciplinary sanction issued to the offender.
10.3.6 The person(s) being complained about will be informed by the Investigating
Officer that the complainant has appealed and when they can expect to be
informed of the outcome.
10.3.7 The appeal hearing will be arranged without unreasonable delay. The
complainant will receive five working days notice of the hearing.
10.3.8 At the hearing the complainant will have the opportunity to state their
complaint and the reasons why they remain dissatisfied with the outcome of
the 2nd stage investigations.
10.3.9 The hearing committee will consider all relevant information, this can include
but is not limited to;
▪ Any written information relating to the informal and formal stages
▪ Any witness statements/interview notes
▪ Any documentary evidence presented by the employee and Investigating
Officer.
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10.3.10 All written information from the complainant and gathered by the
Investigating Officer at the 2nd stage will be given to the hearing committee
three working days before the hearing.
10.3.11 The hearing committee may adjourn the hearing for the purposes of
gathering any further relevant information which can include the interviewing
of witnesses.
10.3.12 Once the hearing committee has considered all the relevant information
relating to the complaint the outcome will be confirmed without
unreasonable delay.
10.3.13 The decision of the committee is final and there will be no further internal
right of appeal nor is there scope for the same issue to be considered under
the Grievance Policy.
11. WITHDRAWING A COMPLAINT
11.1 If a complainant decides to withdraw a complaint at any stage during the procedure,
they should advise the appropriate person in writing of the reason for the decision.
11.2 Whilst in the majority of cases the school will respect the rights of the complainant to
withdraw the complaint, there may be instances where the concern impacts on the
duty of care towards others and school may take the decision to investigate
independently of the complaint.
12. FURTHER INFORMATION
12.1 Further information can be found in the Acas advice leaflet, Bullying and Harassment
at Work; Guidance for Employees on the website www.acas.org.uk
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Appendix 1
Dignity at work Form – Stage 2 – Investigation
Name…………………………………………………………………………………..
School…………………………………………………………………………………
Role……………………………………………………………………………………
Please outline the nature of your complaint
What informal action have you taken to resolve this? If no informal action has been
taken please explain the reasons why.
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Please outline why you are still dissatisfied.
Please explain what outcome you are seeking and how this might be achieved.
Signed …………………………………………………………
Date ……………………………………………………………
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Appendix 2
Dignity at Work Form – Stage 3 – Appeal Hearing
Name…………………………………………………………………………………..
School…………………………………………………………………………………
Role……………………………………………………………………………………
Please outline the nature of your complaint
Who investigated your complaint at the formal stage?
Please give details of the outcomes from the formal investigation.
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Please outline why you are still dissatisfied.
Please explain what outcome you are seeking and how this might be achieved.
Please state your grounds for appeal
Signed …………………………………………………………
Date ……………………………………………………………
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