HRPOL30 Dignity at Work Policy V6 by Provide Community

Dignity at Work Policy and Procedure

Version: V6

Ratified by:

People and Culture Steering Group

Date ratified: 06/05/2025

Job Title of author:

Director, People Partnering

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by:

PURPOSE AND RATIONALE

Purpose

Provide Community wishes to create and maintain a working environment where all employees and workers are treated with dignity, integrity and respect and where their contribution, commitment and diversity are valued.

We are an equal opportunities employer, and we fully support the right and opportunity for all people to seek, obtain and hold employment without discrimination. Provide Community recognises the fundamental right of all colleagues to be able to work in an environment free from harassment and bullying.

The aim of this policy is to promote dignity, respect and inclusion in the workplace and therefore this requires managers and employees to take responsibility for eliminating unacceptable behaviour such as harassment and bullying and to promote dignity, respect and inclusion. It requires managers to take action to ensure that the work environment is conducive to the principles of equality of opportunity and is free of intimidation, offensive acts and materials.

Provide Community seeks to provide support for colleagues who have been affected, as well as those against whom allegations have been made, by applying fair and sensitive processes and procedures.

Provide wishes to ensure that if something happens that was not as expected, that a process is followed to decide next steps. We want to encourage improvement, where necessary and ensure the practice of lessons learnt is embedded across the organisation.

It is Provide’s policy to ensure that any issues or concerns relating to the dignity of its employees are dealt with fairly, effectively and sensitively and that next steps are taken to establish the facts using the Just & Learning Culture principles and give employees the opportunity to respond before taking formal action.

To whom does this policy apply?

General

This policy applies to all employees, whether permanent, temporary, casual, part-time or on fixed-term contracts, to ex-employees, to job applicants and to individuals such as agency staff and consultants and apprentices who are not our employees, but who work for us (collectively “workers”).

Duties

to Colleagues

All workers have a duty to act in accordance with this policy, and therefore to treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff, whether junior or senior to them. In some situations, Provide may be at risk of being held responsible for the acts of individual members of staff and will not therefore tolerate any discriminatory practices or behaviour.

Duties

to Visitors

The duties to colleagues equally to the treatment of our visitors and suppliers by our workers and the treatment of our workers by these third parties.

Values

All colleagues have the right to a working environment free from harassment, discrimination or bullying. We will not permit or condone any form of harassment and are committed to providing a workplace free of discrimination because of one or more of the Protected Characteristics.

Why is it important?

We recognise that misunderstandings can arise where people of different sex, sexual orientation, interests, religions, and cultures work together. However, if any particular form of conduct has the effect of causing you to feel humiliated, threatened, or that your privacy has been invaded, then it may constitute harassment and as such, will render the individual responsible liable to disciplinary action. Equally, if any action or decision has the effect of causing you to be treated less favourably and this discrimination is because of a Protected Characteristic this would render theindividual responsible liable to disciplinary action, including the possibility of summary dismissal.

Responsibilities

At Provide Community, we all have a personal responsibility to behave in a manner that is not offensive to others. Provide has a responsibility to investigate any complaints of harassment, discrimination or bullying against you or made by you and takes this responsibility seriously.

Harassment and Bullying Defined

Definition of Harassment

Harassment is defined as conduct that may be physical, verbal or non-verbal, which is unwanted and personally offensive to the recipient.

Examples of Harassment

The following are examples of inappropriate conduct and unacceptable behaviour, which may be regarded as harassment. They do not form an exhaustive list:

• unwanted physical contact, physical threats and insulting or abusive behaviour or gestures.

• offensive language, derogatory or demeaning remarks based on gender, race or disability, religion, sexual orientation or age, inappropriate or offensive jokes, comments etc, or repeated unwelcome invitations; and

• non-verbal conduct of an offensive nature, pictures or pin-ups that display men or women as sexual objects, as members of a derogatory racial stereotype or ridicule people as a result of their disability, religion, or sexual orientation, abusive or offensive gestures or messages, including those sent via e-mail and PCs.

Definition of Discrimination

Discrimination occurs where an employee is treated less favourably or unfavourably, intentionally or unintentionally, because of a Protected Characteristic. Provide endeavours to ensure that none of its decisions or actions causes discrimination because of a Protected Characteristic, whether direct or indirect.

Reasonable Adjustments

If you are a colleague with a disability and you consider that there are reasonable adjustments that Provide could make which would allow you to contribute more fully or to improve your working conditions, you should raise this with your immediate line manager

Bullying

What constitutes bullying?

Bullying in the workplace causes an unhappy, distrustful and stressful atmosphere and often leads to sickness absence, increased staff turnover and deteriorating morale and performance levels if not dealt with promptly and fairly. If a colleague is found to be bullying others, their behaviour will be addressed through the Disciplinary Policy & Procedure.

Examples of Bullying

The following are examples of inappropriate and unacceptable bullying at work. They do not form an exhaustive list:

• shouting at a colleague, humiliating, public attacks on a colleague’s personal or professional performance, criticising a colleague in front of others.

• spreading malicious rumours and/or making malicious allegations which impinge another person’s character or standing.

• publicly undervaluing a colleague’s contribution.

• withholding information with the intent of deliberately adversely affecting a colleague’s performance

Exceptions

This Policy cannot be used to question actions and/or decisions taken relating to any other procedure or process within which there is a mechanism for the

employee’s concern(s) to be considered:

For concerns arising from:

Job Evaluation Grading

Disciplinary process

Protected disclosure within the meaning of the Public Interest Disclosure Act 1998

Capability

Sickness/Health issues

Flexible Working arrangements

Refer to:

Job Evaluation Appeal Procedure

Disciplinary Policy and Procedure (HRPOL14)

Freedom to Speak Up (whistleblowing) Policy and Procedure. (HRPOL01)

Capability Policy and Procedure (HRPOL29)

Attendance Management Policy (HRPOL31)

Flexible Working Policy (HRPOL16)

How to Raise a Concern or Complaint

There are two routes available to employees who wish to raise a concern or formal complaint.

Route one – Informal Procedure

In the first instance, colleagues are encouraged to raise any concern/complaint with their Line Manager. Both employees and their line manager are encouraged to try and resolve the concerns/complaints as quickly as possible through discussion with the employee involved. The informal procedure is most effective for clarifying misunderstandings or potential breakdown of relationships in the workplace.

On receipt of the complaint, or within 5 working days, the line manager will meet with the employee. The complaint does not have to be in writing; however, this may help to clarify the key points and employees may be encouraged to put their concern/complaint in writing if the matter appears complex. This should include confirming what the desired outcome is being sought to resolve the matter. In addition, employees should keep records of harassment and/or bullying where they considered this to be of a continuous nature. The line manager will investigate the matters raised and may have meetings with the subject of the complaint and other employees to establish more details.

If the matter can be resolved through discussions, the line manager should write to the employee concerned, outlining the action taken and any agreements in place. It is not usual practice for employees to be re-located during an Informal Procedure.

The People Partnering Team can provide advice and guidance to employees regarding the procedures. Members of trade unions may also seek support and advice from their union representative.

Complaints about Managers

If the complaint is about the line manager, or any other manager, then the employee should raise the matter with the manager at the level above. The above route will be followed.

If the complaint is about both the line manager and the manager at the above level, the employee should refer to the Grievance Policy (HRPOL15) section 4.34.

Mediation

If an employee or manager feels that the above is not possible or wants help and support in dealing with a complaint, then they can do so by speaking with their People Partner and mediation may be determined to be the most appropriate way forward.

Mediation can be useful at any stage of the process. It can be helpful in resolving matters at the informal stage and also to help rebuild relationships and support an effective working relationship after a matter has been concluded formally.

The mediator will arrange to meet with the employee at a convenient time to discuss the details of the complaint and possible options for dealing with the situation.

The mediator will also meet with the employee who is the subject of the complaint. Having met with both parties, if all parties are in agreement, a joint meeting will then be arranged and facilitated by the mediator.

Employees are encouraged to work directly with the mediators themselves but in exceptional circumstances they may want to be accompanied by a union representative/work colleague to the initial meeting. They are required to seek agreement from the mediator prior to any mediation meetings. Union representatives/work colleagues are not normally permitted to attend the joint mediation sessions where the employees are meeting to resolve the matters. The mediator will supply a written summary of the agreement/resolution to both parties.

Employee Assistance Programme

Our Employee Assistance Programme (EAP) offers colleagues a complete package of confidential support, professional advice and short-term counselling to help with physical and mental wellbeing. Provide Community continues to partner with Health Assured to offer a range of information and advice on areas such as health and lifestyle, relationships, childcare support, financial wellbeing and stress and anxiety. More details can be found on the Community Platform.

Route Two – Formal Procedure

Where the Informal Procedure (above) has not been able to reach resolution, an employee may raise a Grievance under the Formal Stage of the Grievance Policy and Procedure (HRPOL15).

Where the complaint is about both the line manager and the manager at the level above. Please refer to section 4 of the Grievance Policy and Procedure.

Consideration will be given, by management, as to whether it is necessary to separate colleagues (e.g. change of working hours/location or supervision) during the investigation; however, this is not normal practice.

The outcome of the grievance could be one of the following:

• Grievance Upheld

The investigating Officer will confirm that the grievance is substantiated. Recommendations may be made by the Investigating Officer to resolve the cause of the grievance, and mediation may be included to facilitate an effective working relationship in the workplace.

In addition, the Investigating Officer may confirm that there has been a breach of the Dignity at Work Policy & Procedure and may recommend further investigations under the Disciplinary Policy and Procedure (HRPOL14) to senior management.

• Grievance Dismissed

The investigating Officer will confirm that there is no case to answer.

• Grievance Dismissed with recommendations Recommendations may be made by the Investigating Officer including mediation to facilitate an effective working relationship in the workplace or management actions.

• Uphold/dismiss separate sections of a grievance with multiple issues.

• Defer a Decision to seek further advice or to conduct further enquiries/ investigation.

This may consist of collecting statements from or holding investigation meetings with any persons who may have information relevant to the grievance.

The employee can be accompanied by a trade union representative or a work colleague at any stage of the formal grievance procedure.

The Formal Procedure of this policy also enables the employee raising the formal grievance to have a right of appeal as set out in the Grievance Policy (HRPOL15).

Other reports will be developed for the information of Provide Board and managers when required, including details of any complaints made on the grounds of discrimination, or any issues raised by employees, employee groups or in employee attitude surveys.

Preventing Sexual Harassment

Provide is committed to providing a safe, inclusive, and supportive working environment free from sexual harassment, where everyone is treated, and treats others, with dignity and respect. We will adopt a preventative approach and work to ensure that we have a workplace where people are not sexually harassed. Where incidents do occur, we want people who have experienced or witnessed sexual harassment to feel safe to report it. We will treat all reported sexual harassment seriously and respond sensitively, promptly, and confidentially. Any person found to have sexually harassed another will face disciplinary action in accordance with our Disciplinary Policy and Procedure (HRPOL14).

Victimisation of colleagues who raise complaints will not be tolerated.

At Provide everyone should contribute to an inclusive environment free from sexual harassment. This policy covers all behaviours in the workplace or in any work-related setting (including colleagues working in buildings and environments outside of Provide’s offices, social events or where you are representing the organisation).

Anyone can experience sexual harassment at work. We will work to ensure that colleagues know how to report sexual harassment and feel safe and confident in reporting any instances of sexual harassment that they experience or witness.

Sexual harassment at work has a significant negative effect on both colleagues and the organisation. It can harm people’s health, mental and physical wellbeing, which affects both their personal and working lives. It also has a negative impact on our workplace culture, organisational reputation and our ability to attract and retain employees. We will offer support to everyone involved in addressing an issue, no matter what the outcome.

The preventative duty is a legal duty placed on Provide by the Worker Protection (Amendment of Equality Act 2010) Act 2023. It means that as an employer, Provide must carefully consider when our employees might be sexually harassed in the course of employment and take action to prevent harassment from taking place. If sexual harassment has taken place, the preventative duty action needs to be taken to stop the harassment from happening again.

Sexual harassment: Under the Equality Act 2010, sexual harassment is defined as:

“unwanted conduct of a sexual nature which has the purpose or effect of either violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.”

Even if the behaviour is not intended to cause offence or distress, if that is the effect, then it could be considered as sexual harassment. Someone may be sexually harassed even if the behaviour was not directed at them because of the environment it creates for them, for example, if a colleague overhears sexualised banter. It also includes treating someone less favourably because they have experienced sexual harassment in the past.

The behaviour does not need to be sexually motivated, only sexual in nature.

A series of incidents which taken separately may seem trivial to some, can together constitute sexual harassment. Equally, a single incident can amount to sexual harassment. Sexual harassment is unlawful and may amount to a criminal offence.

Victimisation is treating someone less favourably or harassing them because they have, in good faith, made a complaint or assisted someone else in making a complaint of sexual harassment. The law protects employees and workers from victimisation because they have made or supported a complaint under the Equality Act 2010, or because they are suspected of doing so.

What constitutes sexual harassment

Examples of sexual harassment include, but are not limited to:

Physical:

• Unwanted physical contact including touching, pinching, pushing, grabbing, patting, stroking,

• Hugging and kissing

• Physical violence, including sexual assault

• Inappropriate touching

• Unwelcome sexual advances

• Invasion of personal space

Verbal/Written:

• Comments on appearance

• Sexual comments, stories and jokes

• Intrusive questions about a person’s private or sex life or a person discussing their own sex life

• Unwelcome sexual advances

• Sexualised insults or banter

• Continued suggestions for social activity or physical intimacy

• Sending sexually explicit messages (including by phone, social media, email, online chats)

• Spreading sexual rumours about a person

Non-verbal conduct:

• Displaying or sending material that is pornographic or sexually explicit (including emails, text messages, video clips and images sent by mobile phone or posted on the internet)

• Sexually suggestive gestures

• Suggestive looks, leering, winking and staring

• Wolf-whistling and catcalling

Sexual harassment can also occur whilst remote working. For example, through virtual meetings, social media and online chats or in WhatsApp groups with colleagues.

Sexual harassment can take place at:

• Provide premises

• premises run by other organisations that are used for Provide activities.

• at home whilst working remotely and out of the workplace, such as work-related events, trips or social functions; or

• when travelling to work-related meetings.

Sexual harassment and victimisation can be perpetrated by other Provide employees and also by third parties. We do not tolerate sexual harassment by third parties and encourage workers who experience it to report it.

Sexual conduct that is invited, mutual or consensual is not sexual harassment because it is not unwanted. However, sexual conduct that has been welcomed in the past can become unwanted and therefore become sexual harassment.

If you do not know whether behaviour that you’ve experienced or witnessed constitutes sexual harassment or would like confidential advice and support, please talk to your line manager, a member of the People Partnering Team or a Union rep, if you are a member.

Steps to prevent sexual harassment:

Provide has a legal duty to take reasonable steps to prevent sexual harassment

In order to deliver on this duty, we will conduct risk assessments to consider:

• the risks of sexual harassment occurring in the course of employment. Risk factors we will take into account include; power imbalances, job insecurity, lone working, membership of marginalised groups, the presence of alcohol and publicfacing roles.

• what reasonable steps we can take to reduce those risks and prevent sexual harassment of our colleagues

• how best to implement and prioritise these steps

We will deliver training for our colleagues, on prevention culture and formal and informal reporting procedures in relation to sexual harassment.

We will provide learning for line managers including how to respond sensitively to any reports of sexual harassment.

If you are being sexually harassed or if you witness sexual harassment: Formal steps

If you have been sexually harassed or witness someone else being sexually harassed, and an informal approach doesn't resolve the matter or isn’t appropriate, you may decide formal action is necessary. You can start a formal process by following the Grievance Policy and Procedure (HRPOL15) or following the Freedom to Speak Up Policy (HRPOL01).

Either step means you will need to put your concerns in writing and that they will be dealt with formally.

You do not need to raise your concerns informally first; you can make the matter formal at any stage.

If you are being sexually harassed or if you witness sexual harassment: Informal steps

If you are being sexually harassed or if you witness sexual harassment, you may feel the problem is too serious to deal with informally and you might want to report the issue formally or use the Freedom to Speak Up Policy (HRPOL01). However, if you want to raise the matter informally with the person responsible, you could explain to them that their behaviour is unwelcome, how it has made you feel and that you want the conduct to stop.

The following steps might be helpful:

• Describe the specific behaviour which is causing problems - ‘in this meeting, you said/did…’

• Describe the impact - ‘X was then withdrawn’ or ‘I stopped talking because of this’

• Describe how this made you feel - ‘I felt uncomfortable for X’ or ‘I felt belittled/undermined.’

• Say what you want in the future - ‘From now on, please don’t make comments about people’s appearance at work’

If you don’t feel comfortable doing this on your own, you can ask your manager, a People Partner, union representative (if you are a member) or work colleague to support you with this conversation. Alternatively, you may want one of them to start the conversation on your behalf.

Depending on the nature of the informal intervention, it may be appropriate for both parties to keep a record of what's taken place. Any managers involved in facilitating an informal resolution should keep a record of dates, details of the matter and the action taken. Managers should deal with the situation sensitively and supportively, bearing in mind the barriers that people may experience in raising issues relating to sexual harassment.

In general, the decision about how you want to progress the matter is up to you. However, in certain circumstances, it may be appropriate for us to take further action, for example where the harassment is so serious that there is a risk to your safety or other people’s safety. Provide has a duty to protect the health and safety of all colleagues and may pursue the matter formally if we think it is appropriate.

If we decide that we must take further action despite your wishes, we will only do so once we have carefully considered any impact on you and exhausted other options. We will explain our decision and ensure that we have put appropriate safeguards in place to stop you from being harassed further or victimised and offer support to deal with any impact the decision may have on you.

Support available

Experiencing or witnessing sexual harassment can negatively affect how someone feels both emotionally and physically. People around the person who’s experienced or witnessed the sexual harassment can play a really important role in helping them to feel cared about and safe. Sometimes people may also find it helpful to access additional / professional support too.

Our Employee Assistance Programme (EAP) offers colleagues a complete package of confidential support, professional advice and short-term counselling to help with physical and mental wellbeing. Provide Community continues to partner with Health Assured to offer a range of information and advice on areas such as health and lifestyle, relationships, childcare support, financial wellbeing and stress and anxiety. Further details can be found on the Community Platform.

Raising Awareness

For this policy to be effective, it is important that all employees are aware of the processes. Action to ensure this will be as follows:

• The policy will be available on MyCompliance.

• Managers will explain the provisions to new employees as part of the induction process.

• Training will be arranged for colleagues, and information provided to employees and employee representatives regarding relevant policies and procedures.

Monitoring

Provide will monitor Disciplinary & Grievance Cases and the equality profile of the subjects of these cases, in accordance with recommended good practice.

In accordance with the nationally required statistical indication of HR management effectiveness, Provide will also monitor on the basis of:

• Employee training

• Appraisal system monitored and evaluated in respect of the success and impact of the competency framework relating to equality and diversity

• Workforce gender profile, including Provide Board membership

• Quality data relating to starters/leavers

• Part-time/full-time working patterns by gender

• Workforce racial profile

• Workforce disability profile

• Workforce age profile

• Harassment claims analysed by ethnicity/cultural differences, age and gender.

Record Keeping and Confidentiality

Provide will adhere to the requirements of the Data Protection Act 2018.

Review

This document will be kept under general review but will be reviewed no later than 4 years from the date of ratification. Any new statutory provisions affecting this document will automatically take precedence.

EQUALITY ASSESSMENT TEMPLATE: Stage One:

Screening

Name of project/policy/strategy (hereafter referred to as “initiative”):

Dignity at Work Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines Provide’s commitment to ensuring employees are treated with dignity & respect and that employees are aware of how to raise issues in relation to bullying and harassment.

Project/Policy Manager: Director, People Partnering

Date: April 2025

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on thegrounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Positive in that this policy/procedure increases awareness of equality and diversity and sets out the Provide’s intention to value diversity and treat all employees with dignity and respect.

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral - HR data is not highlighting that more colleagues from minority/underrepresented groups are raising concerns in accordance with the Dignity at Work Policy/Procedure, however we will continue to monitor.

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with employees or external groups/agencies.

Positive, this policy & procedure enables a consistent approach by the organisation in addressing concerns raised by colleagues.

Guidelines: Things to consider

• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage 2:

(To be used where the ‘screening phase has identified a substantial problem/concern)

This stage examines the initiative in more detail in order to obtain further information where required about its potential adverse or positive impact from an equality perspective. It will help inform whether any action needs to be taken and may form part of a continuing assessment framework as the initiative develops.

Q1. What data/information is there on the target beneficiary groups/communities? Are any of these groups under- or over-represented? Do they have access to the same resources? What are your sources of data and are there any gaps?

N/A

Q2. Is there a potential for this initiative to have a positive impact, such as tackling discrimination, promoting equality of opportunity and good community relations? If yes, how? Which are the main groups it will have an impact on?

N/A

Q3. Will the initiative have an adverse impact on any particular group or community/community relations? If yes, in what way? Will the impact be different for different groups – e.g. men and women?

N/A

Q4. Has there been consultation/is consultation planned with stakeholders/ beneficiaries/ staff who will be affected by the initiative? Summarise (bullet points) any important issues arising from the consultation.

N/A

Q5. Given your answers to the previous questions, how will your plans be revised to reduce/eliminate negative impact or enhance positive impact? Are there specific factors which need to be taken into account?

N/A

Q6. How will the initiative continue to be monitored and evaluated, including its impact on particular groups/ improving community relations? Where appropriate, identify any additional data that will be required.

N/A

Guidelines: Things to consider

An initiative may have a positive impact on some sectors of the community but leave others excluded or feeling they are excluded. Consideration should be given to how this can be tackled or minimised.

It is important to ensure that relevant groups/communities are identified who should be consulted. This may require taking positive action to engage with those groups who are traditionally less likely to respond to consultations, and could form a specific part of the initiative.

The consultation process should form a meaningful part of the initiative as it develops, and help inform any future action.

If the EIA shows an adverse impact, is this because it contravenes any equality legislation? If so, the initiative must be modified or abandoned. There may be another way to meet the objective(s) of the initiative.

Further information:

Useful Websites www.equalityhumanrights.com Website for new Equality agency www.employers-forum.co.uk – Employers forum on disability www.efa.org.uk – Employers forum on age