diGnitY at Work

DIGNITY
AT WORK
DIgnity at work
Learning Objectives
At the end of this module participants will be able to:
»»
Define bullying, harassment and sexual harassment
»»
Describe their role under the policy
»»
State how to communicate the policy on Dignity at Work
»»
Describe how to respond to inappropriate behaviour
»»
State how to respond promptly and sensitively to complaints
»»
Describe how to resolve issues locally if possible.
Time
5
11.30 to 12.30
Process
Introduce the module as per this guide and communicate your
expectations of the participants. Follow the steps in the DVD and
use the Leader’s Guide to steer the group through the interactive
phases. Explain the learning objectives and the legal framework.
Refer as appropriate to the Reference Book to allow for interaction
and to make notes.
Materials Needed
»» DVD
»» Reference Book
»» Flip Chart
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Module 5 – Dignity at Work
Introduction
Show Slide 1:
Show Slide 2:
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Module 5 – Dignity at Work
Learning Objectives and Legal Framework
Show Slide 3:
Show and Read Slide 4:
Say something like:
What do we mean by dignity at work? Working in groups, can you come up with a
definition?
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Module 5 – Dignity at Work
Show Slide 5:
Say something like:
Have you seen things that concern you in your workplace?
Show Slide 6:
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Module 5 – Dignity at Work
Show Slide 7:
Make the following key points:
The legislation underpinning Dignity at Work is the Safety, Health and Welfare at
Work Act 2005 which obliges an employer to provide a safe working environment
which is free from bullying and harassment
and...
The Employment Equality Acts 1998 to 2008 which prohibit sexual harassment and
harassment on the nine discriminatory grounds.
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Module 5 – Dignity at Work
Policy and Definition of Bullying
Show Slide 8:
Show Slide 9:
Make the following key points:
A Dignity at Work Policy for the Health Service has been agreed between Health
Service employers and trade unions and covers:
»» Bullying
»» Harassment
»» Sexual Harassment
This is a national policy and it covers you!
The Dignity at Work Policy is based on the following three Codes of Practice:
1. The Health and Safety Authority’s Code of Practice for Employers and
Employees on the Prevention and Resolution of Bullying at Work
2. The Labour Relations Commission’s (LRC) Code of Practice Detailing
Procedures for Addressing Bullying in the Workplace
3. The Equality Authority’s Code of Practice on Sexual Harassment at Work.
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Module 5 – Dignity at Work
TRAINER NOTE
Communicate that managers often fear the accusation of bullying when they are merely
asking for good performance from a staff member. Last year a senior manager in a
private sector organisation was accused of bullying behaviour by one of his junior staff.
He had asked this person to improve performance in a specific area and to engage in
becoming more productive. The staff member became highly agitated and then the
accusation was levied. Fortunately, the manager in question was very familiar with the
terminology in this area. He calmly explained what the term bullying meant and the staff
member immediately withdrew the accusation with an apology.
Make the following key points:
»» Managers must know what these terms mean
Show Slide 10:
Say something like:
Workplace Bullying is defined as:
“Repeated inappropriate behaviour 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.”
One single flare-up may be wrong – but it’s not bullying.
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Show Slide 11:
Make the following key points:
Examples of bullying include:
»» Constant humiliation, ridicule, belittling efforts – often in front of others
»» Regular verbal abuse, including shouting, and the use of obscene language
»» Persistently and inappropriately finding fault with a person’s work and
humiliating them rather than going about improving their performance.
Remember that bullying can be covert as well as overt.
Show Slide 12:
Say something like:
The consequences of bullying can be devastating for employees. It can undermine
their morale and make them feel inadequate and disempowered. It can result in an
employee going on sick leave due to stress, or even resigning from their job.
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Module 5 – Dignity at Work
Show Slide 13:
Say something like:
Sometimes managers are reluctant to address performance issues with employees
because of fears that they will be accused of being a bully. The following however
do not constitute bullying:
»» Fair and constructive criticism of an employee’s performance, conduct or
attendance
»» Reasonable and essential discipline arising from the good management of the
performance of an employee at work.
Show Slide 14: David Playlet, Segment 1
David is newly promoted to the
position of head chef. He has
had no management training.
He shouts at employees and
does not trust his staff so
does everything himself where
possible, works late and takes no
time off. One day a staff member
gets an order wrong and he loses
his temper completely.
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Module 5 – Dignity at Work
Show Slide 15:
Say something like:
Ask the group if Dave is just a manager in a very busy situation? Is he just being
thorough? Group discusses.
Show Slide 16: David Playlet, Segment 2
Girl makes a complaint to David’s
boss. Other staff members
make similar complaints. The
boss describes to David how
his behaviour is affecting the
department. David had no idea
of the effect of his behaviour on
others. He takes time off and
goes on a people management
course.
Say something like:
Could Gordon Ramsey be accused of bullying given that he uses unparliamentary
language in his kitchen?
TRAINER NOTE
Discuss this with the group. The answer is that he could be accused of bullying if it was
repeated with the same individual. It is important to note that managers may not use the
excuse that “it’s the culture around here to behave like this.”
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Module 5 – Dignity at Work
Show and Read Slide 17:
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Module 5 – Dignity at Work
Harassment
Show and Read Slide 18:
Say something like:
‘Unwanted’ is the key word
Show Slide 19:
Make the following key points:
For harassment to have taken place the unwanted conduct must be related to any of
the nine discriminatory grounds outlined under the Employment Equality Act 1998
to 2008. Here’s a reminder of them:
»» Gender
»» Marital Status
»» Family Status
»» Sexual Orientation
»» Religion
»» Age
»» Disability
»» Race
»» Membership of the Traveller community.
Unlike bullying, harassment can be a one-off act.
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Module 5 – Dignity at Work
Show and Read Slide 20:
Make the following key points:
Other examples include:
»» Jokes, derogatory comments, ridicule or songs directed at an employee
»» Texts, emails, articles or posters which contain references to a particular
characteristic of an employee
»» Ostracising a person because of a particular characteristic.
Managers must set the standards for behaviour.
Say something like:
What’s the most hurtful thing you’ve heard at work regarding the infringement of
the dignity of another?
TRAINER NOTE
This short exercise will bring it right home to participants that it is individuals
who get hurt.
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Module 5 – Dignity at Work
Sexual Harassment
Show Slide 21:
Say something like:
Sexual harassment may be defined as 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. The unwanted conduct may include acts, requests, spoken
words, gestures or the production, display or circulation of written words, pictures
or other material.
Show Slide 22:
Make the following key points:
Sexual Harassment can include:
»» Unwanted physical contact such as unnecessary touching, patting or pinching
»» Offensive flirtations, suggestive remarks, innuendo or lewd comments of a
sexual nature
»» The display of pornographic or sexually suggestive pictures, objects, written
materials, emails, text-messages or faxes
»» Leering and suggestive gestures of a sexual nature.
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Module 5 – Dignity at Work
Show Slide 23: Pauline Playlet, Segment 1
Pauline works in the maintenance
department and she is the only
female member of staff in that
department. The male staff make
inappropriate comments and
eventually Pauline cannot take it
anymore. She has a chat with her
supervisor.
Show Slide 24:
Say something like:
What should Pauline do? If she leaves will it go away? Should she give as good as
she gets? What is the manager’s role?
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Module 5 – Dignity at Work
Show Slide 25: Pauline Playlet, Segment 2
When her supervisor makes
light of the whole thing, Pauline
is outraged. Pauline makes
a formal complaint to the
Equality Tribunal, which awards
her €5,000. They direct her
supervisor to draw up a Dignity
at Work Policy and train all
managers and supervisors in the
implementation of the policy.
Show Slide 26:
Make the following key points:
This playlet demonstrates a couple of things:
»» Engaging in banter which is unwelcome and offensive can amount to sexual
harassment, even if the behaviour is not directed at the person.
»» As a result of the behaviour Pauline found the working environment
intimidating and hostile.
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Module 5 – Dignity at Work
Show Slide 27:
Say something like:
Question for participants:
Does this mean that all workplace banter is no longer acceptable?
Answer:
No, it is perfectly acceptable for work colleagues to interact socially and engage in
banter provided that this behaviour is welcome and does not cause offence. It is the
unwanted nature of the conduct that distinguishes bullying and harassment from
friendly behaviour, which is welcome and mutual.
It is up to each employee to decide what behaviour is unwelcome for themselves,
irrespective of the attitude of others to the behaviour. The fact that an individual has
previously tolerated the behaviour does not stop him/her from objecting to it now.
Show Slide 28: Anna Playlet
Anna is a manager in a unit in
the hospital. One of the staff
is openly gay and one of his
colleagues has been slagging
him. He makes an informal
complaint to Anna who does
nothing. At a staff party one
of the nurses gives him a lot of
abuse and he is upset by it. He
makes a formal complaint the
next day.
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Module 5 – Dignity at Work
Show Slide 29:
Make the following key points:
»» It is important to note that in addition to occurring at work, bullying and
harassment may also take place outside the workplace and outside normal
working hours. You as a manager are liable for dealing with complaints that
arise at work-related events.
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Module 5 – Dignity at Work
Role of the Manager
Show Slide 30:
Say something like:
As a manager you have specific responsibilities under the Dignity at Work Policy.
Your role includes the following:
»» Communicating the Policy to employees
»» Being vigilant for signs of bullying/harassment
»» Intervening where necessary
»» Responding promptly and with sensitivity to complaints
»» Resolving issues locally if possible.
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Module 5 – Dignity at Work
Show Slide 31:
Make the following key points:
Let’s have a look at these points in more detail. Firstly let’s look at communicating
the Policy:
»» It is not sufficient to hand employees a copy of the Policy and tell them to read
it. You must explain the Policy to them and ensure that they understand that
they have a role in maintaining a work environment that respects the dignity of
all employees
»» You should explain what constitutes unacceptable behaviour
»» You should encourage employees to talk to you if they have any concerns
about the behaviour of colleagues or if they feel that they are being subjected
to inappropriate behaviour by a colleague or a non-employee
»» You should explain how the complaints procedure operates
»» These steps can be carried out at induction and performance management
team meetings as well as at briefing sessions on the topic.
Show Slide 32: Abdul Playlet, Segment 1
Abdul, a SHO, receives
unwelcome comments from his
colleagues. What particularly
bothers him is that a manager
who overhears some of these
comments does not intervene.
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Module 5 – Dignity at Work
Show Slide 33:
Say something like:
Is Abdul taking this too seriously? Will the manager be interfering in workplace
banter if he gets involved? What are the manager’s responsibilities here?
Show Slide 34: Abdul Playlet, Segment 2
After one particular incident,
Abdul complained to his
manager, who did not take the
matter seriously. Abdul then
went to the Equality Tribunal,
which upheld his complaint. The
Equality Officer pointed out
that the manager should have
protected Abdul.
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Module 5 – Dignity at Work
Show and Read Slide 35:
Make the following key points:
This playlet demonstrates that:
»» As a manager you should set a good example by treating all persons with
courtesy and respect
»» Be vigilant for signs of bullying/harassment and intervene if you observe
inappropriate behaviour. Don’t wait for the employee to make a complaint. This
will also help to create a climate in the workplace where employees are willing
to speak out against inappropriate or discriminatory behaviour
»» Make it your business to let everyone know that you take this issue seriously.
Show Slide 36: Suzanne Playlet, Segment 1
Suzanne is a Ward Sister. She
asked her manager John for
more resources. He said no in an
insulting manner. Suzanne went
to the Director of Nursing with a
complaint but he defended the
actions of John.
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Module 5 – Dignity at Work
Show Slide 37:
Say something like:
Is Suzanne making too much of this? What do you think of the manager’s response?
What is likely to happen?
Show Slide 38: Suzanne Playlet, Segment 2
Suzanne brought her complaint
against John and the Director of
Nursing to her union official.
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Module 5 – Dignity at Work
Show and Read Slide 39:
Show Slide 40:
Make the following key points:
»» As a manager you are empowered to deal with a complaint of harassment at
local level without the need for a formal investigation
»» Clarify the precise nature of the behaviour complained of and the context
in which it occurred. You can then make a judgment call as to the most
appropriate action to take depending on the circumstances. Very often the
person against whom the complaint is made is genuinely unaware of the effects
of his/her behaviour and a successful resolution can be achieved through
informal discussions.
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Show Slide 41:
Make the following key points:
»» It is important to keep a detailed and accurate record of the action you have
taken to resolve the matter
»» Monitor the situation to ensure that the behaviour does not recur and the
employee is not victimised by, for example, being subjected to hostile
treatment by work colleagues
»» If it is not possible for you to resolve the complaint locally, it should be referred
to the HR department.
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Module 5 – Dignity at Work
Mediation
Show Slide 42:
Say something like:
At any stage a complaint of bullying or harassment can be referred for mediation
under the Dignity at Work Policy. If these types of complaints can’t be resolved
locally, mediation is the preferred method for resolving them.
The objective of mediation, is to resolve the matter speedily and confidentially
without recourse to a formal investigation. It requires the voluntary participation of
both parties to work effectively.
If they agree to mediation a mediator will be assigned to meet with both parties,
usually separately to begin with, to discuss the alleged offending behaviour. They
will then bring both parties together to try to reach a common understanding and
agreement on acceptable future behaviour.
A mediated agreement seeks to restore harmonious working relations. It will not
result in the issues being dealt with under the Disciplinary Procedure.
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Module 5 – Dignity at Work
Formal Investigation
Show Slide 43:
Say something like:
If the matter is not resolved locally or through mediation, it may be referred for a
formal investigation.
At this stage the complainant must set out details of the alleged behaviour in
writing including approximate dates and witnesses (if any) and the context in which
the alleged behaviour occurred.
If there is some doubt as to whether the behaviour complained of falls within the
definitions of bullying, harassment or sexual harassment as outlined in the Policy,
a preliminary screening of the complaint will be carried out. This is to determine
whether or not it is appropriate to progress the complaint under the Dignity at
Work Policy. The preliminary screening would be carried out by a member of the HR
department.
If the complaint is deemed to come within the scope of the Dignity at Work Policy a
formal investigation will be carried out in accordance with the procedure set out in
the Policy.
If the complaint is deemed not to come within the scope of the Dignity at Work Policy,
then the employee will be informed of this and advised on the appropriate procedure
for dealing with the matter (for example, under the Grievance Procedure instead).
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Module 5 – Dignity at Work
Show and Read Slide 44:
Take Lunch Break from 12.30 to 13.30
Transition to Trust in Care
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