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The only UK National Bullying Helpline for adults & children

Monday to Thursday 10am - 4pm 

BULLYING COSTS

1 in 4 people are currently experiencing bullying

80% of Employers struggle with absence issues

SICK NOTES

From 6th April 2010 doctors and employees saw the introduction of a so called “fit note” or “Statement of Fitness for Work” as opposed to the old system of providing a sick note, which simply states the reasons for a particular illness together with its anticipated duration. This new approach will give the employee and employer greater flexibility in terms of a phased return, altered hours, amended duties and workplace adaptions. If you would like some free advice on this new scheme, call us today on 0845 22 55 787.

GRIEVANCE / DISCIPLINARY INVESTIGATIONS

Keep the costs down. Keep it in-house. If you would like to train your line managers and HR teams on how to conduct internal Stages 1 and 2 grievance or disciplinary investigations, we can help. For further information email us at: admin@nationalbullyinghelpline.co.uk

VOLCANIC ASH - PRACTICAL GUIDE FOR EMPOYERS

Employers are faced with a dilemma of what to do in practical terms when staff are unable to come to work effectively through no fault of their own. Stranded staff are delayed returning from holiday due to an 'act of god'. This is neither the employee nor the employers fault.

PAY STAFF? The key issue for many employers, is whether they are required to pay staff for the days when they are unable to catch a flight home. Ultimately, it is the employee who is responsible for getting to work and if an employee has failed to turn up for work due to cancelled or delayed flights he or she has no automatic right to be paid (unless their contract of employment states otherwise). However, in taking this strict approach, employers may wish to balance this against potential negative consequences such as a reduction in staff morale. This may particularly arise where staff are stranded as a result of business-related travel and employers are advised to treat such situations leniently.

FLEXIBLE APPROACH: Alternatively, employers may choose to take a more flexible approach by agreeing to treat the time off as special paid leave or requiring the employee to take the time off as paid annual leave so that he or she is not out of pocket. If the employee has already used up their leave entitlement for that year, employers may wish to consider allowing them to use up next year's entitlement.

CASE BY CASE MERIT: As different employees may be off for different lengths of time, from one or two days to a week or more, employers may choose to consider their approach on a case-by-case basis. However, employers should ensure that they treat similar cases in a consistent manner in order to avoid opening themselves up to a grievance or allegation of discrimination.

REGULAR CONTACT: Finally, in order to minimise any disruption insofar as possible, employers should ask employees to keep in regular contact to advise of their likely return date so that they can arrange suitable cover. Employers should encourage two-way communication with employees and as flights begin to get off the ground again, employers may wish to advise employees of reasonable timescales within which they expect to see them back at work. Where possible, employers may also wish to consider requesting that employees work remotely by using hotel or airport business facilities or via their blackberries/laptops (assuming employees took them along on holiday).

POLICY: Whilst it is certainly not often the case that employees are kept away from the workplace by clouds of volcanic ash, there are a number of other situations, such as the travel chaos during the 'big freeze', or flight cancellations due to terror threats or other Acts of God, where employers will have to adopt a similar approach. In order to be prepared for any similar issues in the future, employers may wish to consider developing a catch-all policy dealing with 'no fault' absences from work which gives clear guidance for staff and sets expectations for all parties at the outset.

UK EMPLOYMENT LAW CHANGE - 6TH APRIL 2010

Changes to employment law kicked in on 6th April 2010. The Statement of Fitness for Work (see above) is just one change. Additionally, changes were made to Paternity Leave, Data Protection, Pensions, Income Tax and National Insurance Contributions and we see the introduction of New Pension Scheme Allowances. Additionally, employee's now have new rights to request time off for study or training - this applies to employers with 250 or more employees (extending to all employees from 2011).

Training: The new 'time off for training' applies to al employers with 250 or more employees but this will be extended in 2011 to include all employees. Employees must have more than 26 weeks' service and the purpose of the training must be to improve their effectiveness at work and the performance of their employer's business. Employers are required to follow a procedure set out in The Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010 and The Employee Study and Training (Procedural Requirements) Regulations 2010.

Paternity Leave: New regulations give parents of children due, or matched for adoption, on or after 3 April 2011 greater flexibility in how they use maternity and paternity provisions through the introduction of Additional Paternity leave and pay. There will be more choice and flexibility for parents. This may be of concern to smaller business. For full details; Call 0845 22 55 787.

Data Protection: From 6 April 2010 the Information Commissioner has the power to find organisations up to £500,000 for serious breaches of the Data Protection Act 1998.

Pensions: The minimum pension age increases from 50 to 55 unless retirement is on the grounds of serious il health, or the member has a protected pension age or the member started taking benefits before 6 April 2010. Meanwhile, the number of years needed to receive a full state pension reduced to age 30.

Income Tax: There are reductions affecting personal income tax allowance which become effective from 6th April 2010. National Insurance contributions lower earnings limit for class 1 contributions will increase from £95 to £97. The upper earning limit remains at £844 per week.

For fuller details on all of the above changes, call 0845 22 55 787.

DID YOU KNOW

8 out of 10 men would rather say they have flu than admit they are off work with stress (See 10 top-tips below). 80% of managers know that Bullying occurs in their workplace and despite this, 37% say they have had no proper training. Absence, due to stress alone, is costing the UK economy £13.4 billion.

INVESTIGATORS ; GRIEVANCE & DISCIPLINARY

If morale is low within your department or company, or if you are accused of being an organisation that condones bullying, we can refer you to members of the CIPD who are experienced investigators and mediators. Please call us for details. We work with a number of HR organisation's and Chartered Fellows of the CIPD that specialise in providing independent investigation services. The referral process is open and transparent and you can place the business with a company or individual of your choice. A donation is made to our Charity in every case referred. We work with a total of 5 FCIPD HR specialists and in every investigation case there will be a choice of two investigators. Call us for details.

If you are CIPD trained and your provide dispute resolution services, we would like to hear from you. Please write to us or call us today.

THE RECESSION

By the way, the Tribunal awards increase on 1st February 2009. In cases of unfair dismissal an employment tribunal can award £66,200. That is on top of your own legal costs and costs of preparation. It really is not worth taking the risk. Call us today on 0845 22 55 787

POSTERS

Workplace Bullying Posters are now available. Contact us today if you would like a Poster. These are FREE at the moment but a charitable donation would be very much appreciated. Alternatively, please organise a fun-fundraising initiative in your place of work, for us !

One aspect of bullying in the workplace which is often overlooked is the effect that it has on the rest of the company. The reality is that if bullying is left unchecked it spreads a feeling of intimidation and resentment across the entire workforce resulting in a loss of respect for the management team.

Word soon gets around that there is a problem which is either being dealt with in an unsatisfactory way or even worse, being ignored. As an employer you have a legal responsibility to ensure that all staff are looked after properly and in this enlightened world where everyone seems to know their rights you really can't afford to bury your head in the sand.

Experience shows that the resultant publicity which goes hand in hand with any court case can do the reputation of the company real harm. The sad fact is that most companies within the UK will have a problem with bullying at some time and bearing this in mind the National Bullying Helpline can advise employers on how to either deal with this issue or even better, how to stop it arising in the first place.

REDUNDANCY

Redundancy is a form of dismissal and reasons include; the business is closing down or moving, there is a need to cut costs and so staff numbers need to be reduced, the job you were employed to do no longer exists or technology or new system ns has made your job unnecessary. It can still be a genuine redundancy if someone else's job disappears and they are moved into your job, making you redundant. This is known as 'bumping' but can be difficult for an employer to justify as fair. In a redundancy situation certain processes should be followed; a) the selection criteria should be fair, open and transparent, b) employees should be consulted, c) employee's should receive redundancy pay, d) employees should be given proper notice, and finally e) organisation should consider alternatives to redundancy.

Do not use sickness records as a main selection criteria when making staff redundant. Sickness caused by stress arising from bullying, harassment or discrimination should not be used as part of a redundancy selection criteria either. Take care not to discriminate under the Disability Discrimination Act. Also be mindful of 'last in last out' as this may be potential age discrimination. For advice on what you can use in a Redundancy Skills Matrix, see our advice on the Employer page or call 0845 22 55 787 now.

THE RECESSION

Redundancy is the new terminology for dismissal today, nationally. At a meeting of business leaders in Devon recent, Lord Digby Jones, former Chairman of the CBI said: “We are in for a very difficult 2009…but there are two things you should not stop doing, one is marketing and networking and secondly, don’t cut the training budget. You can’t come out of a recession without skilled people. Keep training people so we are ready for the upturn."

We would add that there is a third, crucial, thing that employers should not stop doing. Employers MUST observe the welfare of staff during this particularly difficult time. Stress levels are rocketing presently and the recession is no excuse for failing to manage and monitor stress and morale. Far too many Companies believe they can 'cut corners' and use the recession as an excuse to make people redundant unlawfully, then increase the workload for remaining staff.

So, there are three things employers should do presently :
1) Market and network - maintaining competitive edge.
2) Train staff ensuring employee's work SMART so that productivity does not suffer - retaining competitive edge.
3) Ensure that any change management processes are lawful - observing employment laws and monitoring and managing stress levels, employee welfare and morale, at all times.

SAVE MONEY IN THE RECESSION

Don't pay for an Employee Assistance Programme. Most EAP providers simply refer the calls on to us anyway. So, why don't you consider advertising our helpline number in your policy documents and on your staff notice boards (FREE) instead. Far better to save the cost of an EAP scheme and invest that money in staff development ...or better still, donate it to us!

Helpline 0845 22 55 787

TESTIMONIAL

Thanks for this, have just spent an enjoyable hour reading it! Fantastic job, you have managed to impart clarity into the veritable "forest" of paper. Your conclusions and recommendations are in my view absolutely accurate, and highlight the real need for management training. Best wishes and thanks for all your support. Satisfied Corporate Employer on receipt of an Investigation Report. May 2006.

CALL US IF YOU NEED

An authoritative source of advice for line managers

Support with management of stress, stress-related sickness absence and/or increased turnover of staff

Counseling& advice for all/any staff struggling with disputes

Redundancy or Change management expertise

Mediation and Investigation services

Employment Law services to address cost/risk and reduce the risk of employment tribunals

RAISE MONEY FOR OUR CHARITY

DRESS-DOWN DAY

BNY Mellon Asset Servicing have recently had a dress-down day to raise money for the National Bullying Helpline. Simply, employees are told that they can 'dress-down' provided they place £1 in the charity box. During National Ban Bullying week 2008, BNY Mellon Asset Servicing raised over £200 for us.

LONDON MARATHON

Would your staff like to run the London Marathon to raise money for us? Call us on 0845 22 55 787 if this interests you. In return, we will place your company details on our website acknowledging your sponsorship.

GIVE AS YOU EARN

Does your company run a 'give as you earn scheme'. Consider our Charity as a beneficiary - this way you benefit, your staff benefit and we benefit too.

Thank you. Christine Pratt FCIPD FCMI

STATISTICS: 33.5 million sick days lost p.a. due to workplace bullying at a cost of £14b in 2008 to UK businesses. 9 out of 10 people are affected by bullying! 80% of calls are Public Sector.

The National Bullying Helpline is the only Charity in the UK specialising in bullying at work issues as well as bullying in the community, the home and in the playground. We are Swindon's first National Charity! In particular we address Bullying at Work, Investigations, Redundancy, Bullying & Harassment Investigations and discrimination of all sorts. Bullying appears to be on the increase. Much of our focus at this time is on the subject of Redundancies, Dismissals, Bullying & Harassment, Grievance and Disciplinary Investigations and mediation in the workplace.

We are a Charity set up to help eradicate Bullying in the Workplace and the Playground. Don't struggle, whether you are the bully or the bullied, we can help you, so take advantage of our FREE documentation and consultation. Whether you are an employer or an employee, this documentation is invaluable. If you are a child or parent and need advice on cyberbullying or playground bullying, we can help.

The CIPD Factsheet on Harassment & Bullying is worth reading.

T.I.M.
TRAINING, INVESTIGATIONS & MEDIATION
(In memory of the late Tim Field. 24 April 1952 to 15 January 2006)

At The National Bullying Helpline we are now delivering specialist training programs for employers. We have established a comprehensive, dispute resolution series of training programmes which we refer to as TIM ; Training, Investigations and Mediation. Some of this training is delivered in-house by the Charity and some is referred to training consultants, mediators, employment law solicitors etc., in accordance with referral procedures laid down by The Law Society. In every case, a donation is made to the Charity for the referred business.

1. TRAINING
Line Manager Training : The Agenda includes looking at Case Studies: Beadles, Cantor Fitzgerald, Deutsche Bank and the recent case involving the Steak and Omelette Bar v Price, Plymouth . These all emphasize that Line managers can now be held personally, financially, accountable by Employment Judges for their actions in the workplace. We will help your managers to assess risk in terms of cost and Employer Duty of Care.

We address the Employers responsibility and the recruitment of staff through to the exit strategy and everything in between; induction, performance management, conduct, capability, handling grievances and disciplinaries. Policies and Procedures are addressed and FREE sample Policies are issued and personalised for your organisation. We look at The Health and Safety Act, The Harassment Act, The Employment Act – and the new Bill due to roll out in April 2009. We also address the legal position in terms of Tribunals and Exit Strategies.

Harassment Buddy Training : We will also deliver in-house, bespoke, Harassment ‘Buddy' Training. HR & Diversity Management has recently delivered a ‘Buddy' training course for Essex County Fire & Rescue Service and it was a resounding success. Many organisation's have set up ‘Buddy' systems and we heartily endorse such initiatives. When someone feels they are the subject of workplace malpractice, having someone to talk to can help resolve the issue. A ‘Buddy' can at least ensure that procedures are followed and that the subject understands their rights. Often, talking to a buddy will enable the parties to ‘nip it in the bud' before matters escalate.

Our courses cover a review of the Laws covering workplace malpractice and what is required of managers – without trying to make delegates legal beavers! Probably the most important aspect to what we deliver is the opportunity for potential ‘Buddies' to have a dry run by participating in a real role play scenario, taken from Case Law and genuine cases reported to The National Bullying Helpline.

The feedback following the Fire Service training was outstanding! All ten participants marked the feedback form with Excellent. Feedback comments included;

“ It was all good”
“The best part was the role play scenarios based on real cases”
“The more common sense approach”
“All was useful to me at this time”
“The ‘jargon free' information on the acts was the best/most useful part of the training”

When asked what the worst part of the course was, one delegate said; “There wasn't one. It was all good”

The Course was described as motivating, structured, detailed, interactive, practical, useful, thought provoking, relevant and refreshing. So, if you have a ‘Buddy' system in place, or if you haven't and are considering one, we can train your potential ‘Buddies' and help you set up the system .

2. INVESTIGATIONS
Grievance, Disciplinary and Overlapping Procedures : The Employment Act presently states that employee's have a right to be accompanied by a Trade Union Representative or a Colleague – but is this really conducive to effective dispute resolution? Here we look at the role of the internal or external investigator where there is a workplace malpractice or allegation of discrimination / unfair treatment. We address the do's and don'ts of investigations and investigation Report writing – through to the identification of an amicable resolution and positive remedy for all. This is an exceptional Course which every line manager and Personnel manager should be put through.

3. MEDIATION
Dispute Resolution and the Future Employment Bill : We know that Employment Tribunal statistics increased by 25% during 2006/7. Our Government is addressing matters. The Michael Gibbons Report recommended a less confrontation approach to dispute resolution and encourages employers to work closer with ACAS, Helplines and external mediators. The new Employment Bill is clear on the need for greater emphasis on dispute resolution and mediation.

Here we address the role of the mediator and the external expert consultant. We assess the benefits of working with a third-party v retaining matters within the organisation. We look closely at the role of the Mediator and Facilitator in Dispute Resolution matters generally and we also review new legislation due to roll out in April 2009.

If you want to become a Mediator, contact us today. 0845 22 55 787

If you need the services of a Mediator, contact us today.

CIPD & ACAS

Taken from the CIPD Factsheet August 2009

In their advice leaflet for employees ACAS give the following definitions of harassment and bullying. The terms are used interchangeably by many people, and although some definitions may include bullying as a form of harassment the legal definitions are more precise.

'Harassment, in general terms, is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.'

'Bullying may be characterised as offensive, intimidating, malicious or insulting behavior, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.'

The legal definition of harassment also requires the behavior to have 'the purpose or effect of violating people's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.'

THE LEGAL POSITION

Since October 2006 UK discrimination law has covered harassment on a variety of grounds including age, disability, colour, ethnic or national origin, race, religious belief or other similar philosophical belief, sex and sexuality.

Individuals are protected from discrimination both while applying for a job, during it, and in some circumstances, after the working relationship ends (for example in terms of the provision of a verbal or written reference). There is also protection for people against harassment on the basis of their membership or non-membership of a trade union and, in Northern Ireland, against harassment on the basis of political belief.

The legal position with respect to bullying is more complex as there is no separate piece of legislation which deals with work place bullying in isolation. If bullying occurs at work for a non discriminatory reason then there still is legal protection available. However, a myriad of different legal principles may be involved, for example:

breach of contract - usually breach of the implied term that an employer will provide reasonable support to employees to ensure that they can carry out their job without harassment and disruption by fellow workers
Common Law right to take care of safety of workers
Employment Rights Act 1996 (for example constructive unfair dismissal)
personal injury protection involving the duty to take care of workers arising out of the law of Tort
Health and Safety at work etc Act 1974
Trade Union and Labour Relations (Consolidation) Act 1992 (dealing with special types of intimidation etc)
Protection for whistle blowers under the Public Interest Disclosure Act 1998
Criminal Justice and Public Order Act 1994
Public Order Act 1986.
Protection from Harassment Act 1997
Human Rights Act 1998.

SEX AND SEXUAL HARASSMENT

In April 2008, the Sex Discrimination Act was further amended to change the definition of sex harassment and to expressly include employer liability for third party harassment. The difference between sex harassment and sexual harassment is that sex harassment occurs where there is unwanted conduct related to the sex of a person with the purpose or effect of violating their dignity, and creating an intimidating, hostile, degrading, humiliating or offensive environment. By contrast, sexual harassment occurs where a person subjects another to unwanted verbal or physical conduct of a sexual nature (for example pinching a colleague's bottom or making lewd comments) again with the purpose or effect of violating the dignity of a person, and creating an intimidating, hostile, degrading, humiliating or offensive environment.

THIRD PARTY HARASSMENT

Within the context of some of the discrimination legislation employers may be liable if they unreasonably fail to protect employees from third party harassment, for example by clients or customers. The employer is only liable if they knew that the woman or man has been subject to such harassment in the course of their employment on at least two other occasions by a third party. It is immaterial whether the third party is the same or a different person on each occasion.

WHAT DO HARASSMENT AND BULLYING LOOK LIKE?

Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious.

Harassment and bullying can range from extremes such as physical violence to less obvious forms like ignoring someone. It can be delivered in a variety of ways – with or without witnesses, and be persistent behaviour over a period of time, or a one-off act and can include: physical contact which is unwanted, unwelcome remarks about a person's age, dress, appearance, race or marital status, jokes, offensive language, gossip, slander, sectarian songs and letters, posters, graffiti, obscene gestures, flags, bunting and emblems, isolation or non-cooperation and exclusion from social activities, coercion for sexual favors, pressure to participate in political/religious groups, intrusion by pestering, spying and stalking, failure to safeguard confidential information, shouting at staff, setting impossible deadlines, persistent criticism, personal insults.

EMPLOYERS AND EMPLOYEES HAVE RESPONSIBILITIES

Tackling workplace bullying and harassment is a joint responsibility of the organisation and individuals working within it.

An employer’s first responsibility is to put in place a robust and well communicated policy that clearly articulates the organisation’s commitment to promoting dignity and respect at work - see below for further details of the content of policies.

Individuals also have a responsibility to behave in ways which support a non hostile working environment for themselves and their colleagues. They should play their part in making the organisation’s policy a reality and be prepared to challenge inappropriate behaviour and take action if they observe or have evidence that someone is being harassed. Individuals can be personally liable to pay compensation and can be prosecuted under criminal as well as civil law.

Findings from a 2009 CIPD survey showed that those who experience bullying or harassment are more likely to be depressed and anxious, less satisfied with their work, to have a low opinion of their managers and senior managers and to want to leave their organisation. Employers’ responsibilities may extend to any environment where work-related activities take place. These can include social gatherings organised by the employer such as work parties or outings. An employer could be liable for events which take place on these occasions unless they can show they took reasonable steps to prevent harassment.

Employers should be especially aware of ‘cyber bullying’. Detrimental texts sent via mobiles or images of work colleagues posted on external websites following work events could amount to bullying. As this would be seen to have its origins in the workplace, the employer could be liable.

Employers and individuals can be ordered to pay unlimited compensation where discrimination-based harassment has occurred, including the payment of compensation for injury to feelings.

WHAT ACTIONS ARE NEEDED TO TACKLE HARASSMENT?

Policies, communication and training are essential. A well-designed policy is essential in addressing harassment. Policies should be agreed with union or employee representatives.

Policies should:

Give examples of what constitutes harassment, bullying and intimidating behaviour including cyber-bullying, work-related events and harassment by third parties, explain the damaging effects and why it will not be tolerated, state that it will be treated as a disciplinary offence, clarify the legal implications and outline the costs associated with personal liability, describe how to get help and make a complaint, formally and informally, promise that allegations will be treated speedily, seriously and confidentially and that you prevent victimization, clarify the accountability of all managers, and the role of union or employee representatives, require supervisors/managers to implement policy and ensure it is understood, emphasize that every employee carries responsibility for their behaviour.

Policies should be communicated so that all employees:

Have been made aware – through induction, training and other processes - about their rights and personal responsibilities under the policy understand the organisation’s commitment to deal with harassment are aware of who to contact if they want to discuss their experiences in order to decide what steps to take, know how to take a complaint forward and the timescales for any formal procedures. The policy should be monitored and regularly reviewed for effectiveness, including: records of complaints, why and how they occurred, who was involved and where individual complaints to ensure resolution and no victimization. (Any such ‘dignity at work’ or anti-bullying policy should be co-ordinated with the organisation’s grievance and disciplinary policy which may be needed to deal with incidents which arise.)

Advice and counseling:

All employees should have access to speak in confidence about an issue they may have. This could be an employee helpline or a nominated person, who may be a trained volunteer colleague, to discuss their experiences in the strictest confidence. This can help complainants decide what course of action to take by exploring their options. The decision to progress a complaint should rest with the individual.

Mediation is an increasingly useful tool in managing conflict at work, including harassment issues where difficult personal issues are involved, and it is often one individual’s word against another’s. Mediators can come from outside or inside an organisation. A CIPD recent survey on conflict management at work shows however that only one in four organisation's use internal mediation. The survey also provides evidence that organisation's that provide mediation training receive fewer tribunal claims than those that don’t.

Guidance and counseling can be offered to people whose behaviour is unacceptable, as well as those affected by being harassed. Simply punishing those responsible for the harassment risks isolating individuals who may not understand how their behaviour is affecting their colleagues. Sometimes people are unaware of, or insensitive to, the impact of their actions and counseling can help them to accept the impact of their behaviour, change behaviour or prevent further incidents. Being clear about what is acceptable behaviour at work, as well as defining unacceptable behaviour, will prevent ambiguity and stop harassment flourishing.

Informal procedures:

Some complaints may be dealt with internally and informally. In some minor cases it may be sufficient for the recipient of harassment to raise the problem with the perpetrator, pointing out the unacceptable behaviour. But if an employee finds this difficult or embarrassing, procedures should enable support from a colleague, an appropriate manager or a personnel department representative. A choice of contact should be available in case the person’s manager is the harasser.

Formal procedures :

Formal procedures are needed if the harassment is serious, if it is the individual’s preference or where an informal approach has failed. Organisation's should have a clear formal policy to deal with all types of grievances and disciplinary issues including bullying and harassment and this should comply with the ACAS Code of Practice on disciplinary and grievance matters.

Investigation :

Formal allegations of harassment, bullying or any intimidating behaviour should be treated as a disciplinary offence. Investigation procedures should provide:

a prompt, thorough and impartial response
independent, skilled and objective investigators
a companion for both parties if required
complaint details, the right to respond and adequate time to respond
a time-scale for resolving the problem
confidentiality in the majority of cases.
A record of complaints and investigations should always be made. These should include the names of the people involved, dates, the nature and frequency of incidents, action taken, follow-up and monitoring information. All sensitive information should be treated confidentially and meet the requirements of the data protection law.

After the procedure :

Where a complaint is upheld it may be necessary to relocate or transfer one party. It should not automatically be the complainant who is expected to move, but they should be offered the choice where practical. Where the perpetrator is transferred, no breach of contract must occur or a claim of constructive unfair dismissal could arise. Although not always necessary, if a complaint is not upheld, a voluntary transfer of one of the employees may be offered if required. These must be consensual and dealt with on a case by case basis and if no move of either party is to take place it is important to check the harassment has stopped and there has been no victimization. or retaliation.

CIPD VIEWPOINT

'Achieving high levels of performance from people at work is essential in today’s competitive market place. Organisation's should treat any form of harassment or bullying seriously not just because of the legal implications, but because it can lead to under-performance at work. Eliminating all forms of harassment and bullying makes good business sense. A workplace environment which is free from hostility enables people to contribute more effectively to organisational success and to achieve higher levels of job satisfaction. People cannot make their best contribution when under fear of harassment, bullying or abuse.

An organisation’s public image can be badly damaged when incidents of harassment occur, particularly when they attract media attention. This can affect relationships between an employer, their current and future employees, as well as their customers. Organisation's must address the human or systemic failures that may foster a climate where bullying is acceptable.

The conflict which harassment creates should not be underestimated. Employees can be subject to high levels of stress which can reduce engagement and may lead to higher labour turnover, increased sickness absence and less productive and effective teams. Find out more about stress in the workplace in our (CIPD) factsheet'.

An organisation’s public image can be badly damaged when incidents of harassment occur, particularly when they attract media attention. This can affect relationships between an employer and their current and future employees, as well as their customers.

An organisation’s goal should be to develop a culture in which harassment is known to be unacceptable and where individuals are confident enough to bring complaints without fear of ridicule or reprisal. Everybody needs to feel responsible for challenging all forms of harassment and for upholding personal dignity.

For further guidance on how to promote a positive culture at work and identify the key issues and people that need to be addressed, CIPD members can use a new practical tool on addressing workplace bullying'.

Useful contacts
ACAS, Department for Business, Innovation and Skills (BIS), Equality and Human Rights Commission

References
1.ACAS. (2009) Bullying and harassment at work: guidance for employees. London: Acas. Available at: http://www.acas.org.uk/index.aspx?articled=797

10 TOP TIPS TO REDUCE STRESS

1. Adopt an attitude that stress is not a weakness and develop this culture within your department and/or organisation
2. Ensure you are not suffering from stress yourself
3. Analyse your management style and behavior. (We can help)
4. Ensure the working environment is suitable. (Analyse your turnover and absence statistics)
5. Help your staff cope with change - no matter how big or small
6. Improve communications. Talk to staff. Observe your staff. Make yourself available. Walk the Talk ! Read In Search of Excellence by Tom Peters & Robert H Waterman Jr.
7. Empathise. Think of yourself in your employees' shoes
8. Do regular, informal, risk assessments on your staff to check nobody is subject to work related stress.
9. Encourage staff to attend development courses and stress management courses.
10. Praise your staff. Remember to say "thank you" (it costs nothing and goes a long way).

Remember, relaxed and happy employees will work more effectively, thus increasing their own, and the organisation's, performance and productivity.

The above creates an environment that promotes well-being.

RECESSION SUGGESTIONS FOR EMPLOYERS

We appreciate that the UK economy is entering into a recession. It is only natural that employers will be looking to make cut-backs right now. Here are some tips before you make changes that have a Contractual bearing:

• Benchmark, find out what other employers are doing to address the recession.
• Ensure there is a Variation Clause in your staff contracts before making changes that will impact on contractual terms (such as altering shift patterns, cutting hours etc). Consider the risk to the business of constructive dismissal. Constructive dismissal compensation is £63,000 presently - and that does not include the hidden costs such as legal fees, disruption to the business, management time etc.
• Consider Equality and Fairness procedures. Do not discriminate. Ensure management decisions are sound and are neither selective nor biased. Document decisions and ensure the business case is lawful.
• Ensure Statutory and in-house Policies are followed and that you adhere to change management processes if you do need to make adjustments. Consult and involve Trade Unions or Works Council's where relevant.
• Seek employee involvement at the outset; Ask the workforce for ideas. Introduce an Employee Reward scheme for 'cost cutting ideas' that are implemented and prove effective!
• Ask staff whether they would be prepared to take a temporary pay reduction as an alternative to facing a redundancy process. This is not an unreasonable request right now. This reduction should be % based so that those on a lower income are not overly stretched financially at this difficult time.In return for cooperation, reward loyalty with bonuses and other incentives when business picks up and when the UK economic recession improves.
• Consider career breaks or sabbaticals (staff take an unpaid holiday but do not lose their job). This gives staff an opportunity to travel or take an extended break.

OTHER IDEAS FOR CUTTING COSTS RIGHT NOW:

• Address performance, SMART working and overall productivity. Ensure it does not slip.
• At the same time, observe STRESS levels. See LAW section; Dickins v O2.
• Place a freeze on recruitment.
• Place a freeze on hiring temporary staff.
• Place a freeze on overtime - keep meetings short.
• Place a freeze on advertising.
• If someone resigns, conduct a thorough and documented process to assess the necessity to re-employ. Consider a job share or a restructure at this time.
• Address training needs presently. Without compromising the business, place a temporary freeze on training that can wait 6 months.
• Cut excessive and/or unnecessary executive bonuses and expenses.
• Consider a Utility Operational review; send all post out second class (it will still get there). Switch off lights and computers at night and when the office is unattended.
• Sorry folks, cancel that Xmas party - at least put it on hold. Consider a summer BBQ instead.

If things become dire, seek voluntary redundancies before embarking on a heavy handed downsizing exercise. Call us for advice before proceeding.

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