NGSU – Harassment & Bullying

Harassment & Bullying Nationwide Policy Statement “Bullying and harassment has no place at Nationwide. We aim to prevent such behavior by creating and encouraging an environment where it doesn’t exist. All forms of harassment or bullying are unacceptable and will not be tolerated.” Harassment & Bullying Policy – May 2016 2

Harassment & Bullying What is Harassment? + Any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. + Harassment may be related to a protected characteristic. + Including - age, sex, sexual orientation, race, gender reassignment, religion or belief, pregnancy etc + Harassment can take place over a period or time or be a single isolated incident. + A person can be harassed even if they were not the intended target if behavior creates an offensive environment for them or is related to someone they have an association with. 3

Harassment & Bullying What is Bullying? + Offensive, intimidating, malicious or insulting behavior that makes a person feel vulnerable, upset, humiliated, undermined or threatened. + It can involve the misuse of power – from a position of authority or personal strength or power to coerce through fear or intimidation. + It can be verbal, non-verbal or physical. + It can be carried by one individual on another individual or group or by a group against an individual. + It is usually deliberate behaviour. 4

Harassment & Bullying The Law + Health & Safety at Work Act 1974 – legal duty to ensure welfare of employees and this includes protection from harassment & bullying. + Equality Act 2010 – gives protection against discrimination and victimisation on the grounds of a protected characteristic. + Employment Rights Act 1996 - allows employees to claim unfair or constructive dismissal if they are forced to leave because of the actions of their employer (which could be failure to act to prevent harassment & bullying). + Protection from Harassment Act 1997* – harassment can be a criminal act and victims can seek civil injunctions. * Originally designed to target stalkers but has been applied to employment situations – Green v Deutche bank 2006 – Ms Green was awarded £800,000 for a serious mental breakdown due to bullying by four colleagues. 5

Harassment & Bullying The Cost of Harassment & Bullying + To Organisations – ACAS identifies a number of costs to organisations if H&B is unchecked or handled badly: + Poor morale; poor performance; absence; resignations; reputational damage; tribunal cases and unlimited compensation (discrimination). + To Individuals – the impact of H&B can be damaging to both physical and mental health + Depression; low self-esteem; anxiety; panic attacks; migraine/headaches; nausea; sleeplessness; skin complaints… 6

Harassment & Bullying Sexual Harassment – Still Just a Bit of Banter? + TUC Survey and Everyday Sexism Project 2016 Commissioned poll/survey to understand experience of women at work 52% have experienced some form of sexual harassment 35% have heard comments of sexual nature about other women 32% have been subject to unwelcome jokes of a sexual nature 28% have been subject to comments about their body or clothes 25% have experienced unwanted touching (hand on knee or lower back) 20% have experienced unwanted sexual advances More than one in ten reported unwanted touching or attempts to kiss them Four out of five women did not report the sexual harassment to their employer In the vast majority of cases the perpetrator was a male colleague and a direct manager or with direct authority over them 7

Harassment & Bullying Race at Work 2015 + You Gov – Business in the Community Survey 2015 Survey of 24,457 employees from across the UK 28% of BAME employees witnessed or experienced racial harassment or bullying from managers in the last 5 years 32% of BAME employees have witnessed or experienced racial harassment or bullying from colleagues in the last 5 years 8

Racist harassment or bullying at work is not a thing of the past Three out of ten employees (30%) reported this happening in the last year

Harassment & Bullying Bullying at Work + Family Lives poll of 1,500 workers 2015 91% felt their organization did not deal with bullying at work. 43% said they were bullied by their line manager; 38% by a colleague; 20% by a senior manager. 73% said the bullying they experienced was verbal including threats and 60% reported social bullying (isolation and exclusion) – a third said the bullying continued for over a year. 44% said they’d sought medical advice or counselling and 20% said they’d been signed off work. + BBC – Respect at Work report 2013 Evidence of sexual harassment and bullying and inappropriate behaviour. Some staff said they were fearful of raising complaints because of the potential impact on their career. The organisation was not clear enough about the behaviour it expects from managers, staff and third parties. Staff were unclear about the tools and support available to help them. 10

Harassment & Bullying Harassment & Bullying in Nationwide + Difficult to measure but figures that are available suggest it’s not widespread but it does happen. + NGSU members calls in 2016 show first classification of: + Bullying = 31; Harassment = 20; Discrimination = 17 (Age = 1; Disability = 13; Racial= 1; Sex = 2) + Also ‘Grievance’ = 355; Disability = 51; Stress = 24 + NGSU bullying survey in 2008 - 263 members reported suffering H&B. + Viewpoint Dec 2015 – culture scores very high… + H&S risk matrix – stress measure ‘green’ + Disciplinary cases for H&B – 1 Dismissal; 1 FWW 11

Harassment & Bullying Harassment & Bullying in Nationwide + H&B Policy – sets out zero tolerance approach; definitions of H&B; examples of H&B; informal and formal resolution procedures. + Performance Management – policy seeks to set the context that performance management should be positive and constructive but that feedback/criticism carried out properly doesn’t normally constitute H&B. + Responsibilities – managers and HR, if made aware of concerns, have a duty to investigate even if a formal complaint has not been made. + Resolution – the aim should be to stop unwanted behaviour. Informal resolution is encouraged but formal resolution may be more appropriate due to the nature of behaviour or as an escalation. + Grievance – formal complaint is via the Grievance Procedure. 12

Harassment & Bullying Harassment & Bullying in Nationwide + Informal Resolution - explain to individual about the impact of their behaviour – they may not understand the effect it’s having and be keen to change. HR and NGSU can give advice and support. + Mediation – seek to agree a way forward with support of a trained mediator. + Formal Resolution – submit grievance; HR/Business investigation; decision should consider i) the circumstances, ii) the impact of behaviour on an individual iii) the individual’s perception of that behaviour. + Outcome – uphold complaint fully or partially; not uphold or not enough evidence to make a decision. + Action – could include disciplinary action; mediation coaching & training. 13

Harassment & Bullying Advice to Members + Keep Note of Incidents – what happened/what was said; dates and times; witnesses and impacts. + Will Not Be Subject to Less Favourable Treatment – if raising complaints in good faith. + Informal Resolution – can help to repair relationships and resolve situations. + Mediation – is voluntary and requires both parties to be fully committed to process. + Formal Complaints – it is legitimate to raise concerns - H&B is not acceptable. 14