Hampshire Fire and Rescue Authority
Personnel Committee	Item
18 December 2002
Draft Revised Fairness, Dignity and Diversity Service Order
Report of The Chief Officer

Contact: Shanti Waas Equal Opportunities Adviser 023 8064 4000 ext 5340

1	Introduction
1.1	HFRS's commitment to creating and maintaining an environment consistent with fairness, professionalism and dignity for all its employees was set out in the policy document 'Fairness and Dignity at Work' (SO/1/6/2). However, since the adoption of this policy in 1999, the Service has had to respond to an increasing number of statutory and other requirements under fairness and dignity.
1.2	It was considered necessary to revise the existing Fairness and Dignity Service Order to not only reflect the new obligations placed on the Service, but also to set out clearly the scope of the Service�s new policypolicy and how it should be implemented.
1.3	This report summarises the key elements of the revised Service Order, and a copy of the Draft Service Order is attached as Appendix A to this report.
2	Background
2.1	As members of the Personnel Committee are already aware, the Service is required to meet a number of statutory and other requirements under equality, fairness and dignity. Most recently, the new Race Relations (Amendment) Act 2000 has placed further obligations on the Service. Significantly these go beyond good employment practice and require the Service as a public institution to promote good race relations across the community it serves..
2.2	To enable the Committee to fully appreciate the enormity and indeed the complexity of the equality, fairness and dignity issues HFRS is required to address, the current main equality drivers are outlined below:
	- Legislation - Race, Gender and Disability - HMI Thematic Review on Equality in the Fire Service - DTLR - Toward Diversity 1 & 2 Equal Opportunities Action Plans - Race Relations (Amendment) Act 2000 - Best Value Performance Indicators - HMI Annual Inspections - Local Government Standards for Equality

2.3	A recurring theme running through the above is the need to have a robust policy, which is capable of responding to a variety of changing circumstances. The revised Service Order is, therefore, set out in a format which allows the Service to amend details, and also to add new procedures and processes as appendices to the Service Order.
2.4	The contents of the revised Service Order have been discussed at the Service's Fairness and Dignity Group meetings, which includes representatives from elected members, trade unions and a number of senior officers from the Personnel team. Members of the Committee are asked to note that the draft Service Order at Appendix A is currently in circulation for consultation for a period of six weeks commencing on 24 October 2002.
2.5	Once agreed the revised Fairness, Dignity and Diversity Service Order will be implemented and will form the basis for all actions and responses in respect of equality and fairness within the Service.

3	Key Elements
3.1	The central aim of the revised Service Order is to ensure that all employees, including potential employees, will be free from discrimination, harassment, bullying and victimisation; will benefit from equal and fair access to all employment and training opportunities; fair and equal treatment in matters of discipline and grievance.
3.2	The policy also recognises the need to bear in mind the different needs of groups of people who may experience discrimination and may be disadvantaged in society due to their race, gender, disability, age, religion or sexuality.

4	Further Additions to the Fairness, Dignity and Diversity Service Order
4.1	In addition a revised monitoring procedure, which will form Appendix C of this Service Order, work is also in progress to develop a strategy in respect of HFRS's delivery of fire, rescue and community fire safety services to Hampshire's diverse communities. On completion this will be appended to this Policy.

5	Next Steps
5.1	Once the Service Order has been agreed, the Equal Opportunities Adviser, in conjunction with the functional heads, will provide advice and guidance to line managers on the implementation of this policy This will form part of the key tasks for the Service in 2003/4.

6	European Convention on Human Rights and the Human Rights Act 1998
6.1	The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998. This legislation will have an ongoing contribution in the development of this policy. The exercise took into account the requirements under the Race Relations (Amendment) Act 2000.

Recommendation

That members of the Personnel Committee note the report of the Chief Fire Officer.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

None

NB The list excludes:

1 Published works

2 Documents that disclose exempt or confidential information as defined in the Act

File name - HFRA Personnel 18 Dec 02 - Draft Revised Fairness, Dignity and Diversity Service Order.doc

APPENDIX A

Target Audience: WT RT NU

Draft SO/1/6/2

Page 1

(PBC 10/02)

FAIRNESS, DIGNITY AND DIVERSITY

1 POLICY

1.1 Introduction

Hampshire Fire and Rescue Service have a mission to make Hampshire safer by promoting greater understanding and responsible attitudes towards fire safety and by providing a highly responsive, caring and efficient fire and rescue service.

This mission can only be fully achieved if full use is made of the skills and resources of all employees.

HFRS value our employees as our most valuable assets. Only by accepting and valuing individual differences will we develop the level of understanding that will enable us to strengthen our reputation amongst all our communities and deliver a first class service to our diverse community in Hampshire.

1.2 Diversity

Diversity refers to the broad range of differences (visible and non-visible) that characterise people and to how we can best use these in working towards our goals. Some of these qualities include gender, age, ethnic origin, family status, religion, sexuality, disability and work style.

By understanding, respecting and using these differences, we recognise we can maximise our people's potential and business success through meeting individual needs, improved problem solving, staying abreast of changing workforce demographics, and maintaining Service efficiency.

We aim to make HFRS a diverse organisation, in how we are structured, in our way of working, communicating and managing, in our skills and knowledge, in our behaviour towards each other in the work place and in our public image. This is important for our moral integrity, our standing within the wider community and our continued success.

1.3 Equal Opportunities

Equal opportunities refers to the elimination of unlawful and unfair discrimination against certain groups (especially ethnic minorities, people with disabilities and women) which have been treated less favourably in the past on the basis of group characteristics unrelated to job performance. Ensuring equality of opportunity for all, regardless of background, is a necessary (though, on its own, not sufficient) condition to achieve diversity.

SO/1/6/2

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Therefore, personnel policies and procedures will be developed and reviewed regularly to ensure that such areas as recruitment and selection, training, promotion, transfer, compensation and exit are made solely on the basis of the suitability of people assessed against job related and other agreed criteria. See appendix A

1.4 Fairness and Dignity

HFRS believes all its employees should be treated with the utmost dignity and respect and they should be partners in accomplishing our goals and sharing in our successes.

HFRS is totally committed to providing an environment which eliminates all forms of discrimination and which actively promotes productive workplace partnerships based on the unique contribution of different individuals, in all its operations.

1.5 Bullying and Harassment

Any kind of bullying or harassment of our employees or service recipients will not be tolerated. See appendix B

1.6 Responsibilities

HFRS recognises that in order for these principles to become an integral part of the way we provide our Service, responsibility for this policy must rest with everyone.

Employees: All employees whether paid or voluntary have a responsibility to promote the furtherance of the policy objectives through action and behaviour.

Line management: Line management is responsible for ensuring policy implementation and maintenance, including monitoring (see appendix C), identifying and addressing any departures from the policy that may occur.

Personnel function: By providing specialist expertise and advice, the Personnel function via the Equal Opportunities Adviser will guide, facilitate and enable line management to implement, maintain and update the policy on an ongoing basis.

Training and development: Through design, development, delivery and review of effective programmes, the training and development function will promote policy implementation and development.

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2 PROCEDURE

2.1 Creating a Positive Climate

The Service will work to achieve fairness, equal opportunities and diversity by:

- Building a positive and co-operative climate based on trust and openness

- Encouraging effective communication throughout the Service

- Promoting conditions where innovation, teamwork and total quality can flourish

- Empowering employees to play an active role in decision making through sharing of authority and responsibility where possible

- Valuing employees as individuals. Accepting, respecting and understanding their differences

- Safeguarding employees dignity in a work environment that is not threatening, offensive or intimidating

- Adopting attitudes and behaviour that reflect a commitment to equality of opportunity and diversity.

2.2 Practices and Procedure

Service practices and procedure will support fairness, equal opportunities and diversity by:

- Monitoring legislative, technological and societal changes.

- Adopting up-to date, best practice policies and procedures

- Promoting family friendly policies and practices through developing flexible ways of working, preventing discrimination on family grounds and ensuring the workplace needs of those with families are addressed.

- Demonstrating effective and non-discriminatory leadership at all times

2.3 Selection

Service selection practices and procedure will support equality of opportunity by:

- Effective personnel planning to ensure that the supply of talented employees matches the demand

- Attracting and selecting suitable employees through the application of valid, reliable and fair recruitment and selection methods at all times (see appendix A)

- Ensuring that no employee or job applicant receives less favourable treatment on grounds which are not job related- e.g. gender, race, age disability nationality etc see appendix C

- Only ability, skill, potential and other job- relevant competencies are used in making decisions in recruitment and selection

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2.4 Training and Development

Service training and development practices and procedure will support equality of opportunity by:

- Ensuring that employees are effectively inducted into the Service and know the policies, procedures and expected standards of behaviour

- All employees, regardless of their individual background, are given the opportunity and are encouraged to develop their careers through continuous learning and development in line with their own and the Service's needs

2.5 Complaints, Disciplinary and Grievance Procedures

Service complaints, disciplinary and grievance procedures will support equality of opportunity by:

- Providing fair and just complaints, disciplinary and grievance procedures, avoiding negative conflict and enabling maximum opportunity for prompt resolution

3 CONDITIONS OF SERVICE

Nothing in this Service order should be interpreted as contradicting the provisions made in:

- The National Joint Council for Local Authorities' Fire Brigades, Scheme of Conditions of Service (The Grey Book)

- The National Joint Council for Local Government National Agreement on Pay and Conditions of Service (The Green Book)

4 APPENDICES

Appendix A Service policy in relation to recruitment and selection best practice.

Appendix B Service policy in relation to bullying and harassment.

Appendix C Service policy in relation to equal opportunities and diversity monitoring (Under development)

Note - Further appendices to follow.

Owner:

Author:

Contact:

Review:

- End -

SO/1/6/2

Appx A

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SERVICE POLICY IN RELATION TO RECRUITMENT AND SELECTION BEST PRACTICE

Setting the Criteria

Attracting Applicants

Applications

Shortlisting

Interviews

Tests and Questionnaires

Practical Exercises

Decision Making

Feedback

Monitoring and Review

The following statements reflect the best practice to be adopted when undertaking recruitment and selection within the Service:

1 SETTING THE CRITERIA

- Clear, accurate job descriptions are produced for each vacancy

- Selection criteria are produced on the basis of an analysis of job requirements

- Selection criteria should be clear, unambiguous and written down

- All selection criteria are justified in relation to the job

- Selection criteria are at a suitable level for the job

- Selection criteria emphasise skills, abilities and behaviours, not personality, unnecessary qualifications or physical characteristics

- If qualifications form part of the selection criteria, clear statements about equivalent non- UK qualifications are made

- Selection criteria are checked to ensure they do not cause unlawful direct or indirect discrimination

- Competency frameworks may be substituted for person or job specifications but should include an indicator of roles and responsibilities

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2 ATTRACTING APPLICANTS

- All vacancies are open to internal competition

- Vacancies are publicised internally

- Vacancies are publicised externally

- Efforts are made to get vacancies noticed by all suitably qualified potential applicants

- A range of outlets/methods is used to attract external applicants

- Recruitment primarily by word of mouth is avoided

- No unfair discriminatory language is used in adverts: they should not state or imply that those of a specific race, sex, age, etc, are suitable

- All key criteria put into adverts are based on the person specification

- All staff and agents of the Service involved in recruitment are made aware of its commitment to fairness

- Reviews are regularly carried out about the effectiveness of different media in attracting a broad range of talented applicants

- Action- eg outreach work- is undertaken to counteract any negative images held by potential applicants about the Service

3 APPLICATIONS

- Details of job requirements are sent to all potential applicants who express an interest

- Selection criteria are sent to all potential applicants who express an interest

- Information requested from applicants is job- related and linked to the Selection criteria

- Identical information is requested of all applicants, internal or external

- Age barriers or age-related criteria of any description should never be applied

- Information is requested from applicants for monitoring purposes (sex, disability, race, age)

- Reasons for requesting monitoring information are given and undertakings made as to how it will and will not be used

- All applications are acknowledged

4 SHORTLISTING

- All applications are processed in the same way

- More than one person is involved in shortlisting decisions

- Shortlisting is purely on the basis of how well candidates meet the selection criteria

- A rating system with clear guidance is used

- Those with the strongest rating are invited for further assessment

- Reasons for rejection/ acceptance are recorded

- Consistency checks are built in

- Training is available in shortlisting and is taken up

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Appx A

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5 INTERVIEWS

- Interviewers are trained

- All candidates are asked if they have any specific requirements when invited for interview

- Two to four people are on any interview panel

- All candidates are treated with dignity and respect

Interviews are structured around the selection criteria

- Questions are designed around the criteria

- Specific examples of what candidates have done are probed in all interviews

- Discriminatory questions and comments are avoided- eg marriage, family, etc

Decisions/ratings are made after the interview, not during it

- Notes are taken throughout the interview and kept on file for at least six months

- Candidates are given the opportunity to ask questions

6 TESTS AND QUESTIONNAIRES

- Only professionally - produced tests and questionnaires are used that have a track record of being reliable, valid and fair

- Any test used is clearly related to specific selection criteria- i.e. it is job related

- Any test used is clearly relevant to the level of the job

- The content and pace of the test should not unjustifiably favour any particular race or sex

- Candidates are advised in advance that tests/ questionnaires will be used

- Candidates are sent preparation material in advance for undertaking the tests

- All those involved in administering, scoring and interpreting tests and questionnaires are trained

Appropriate norm groups are used:

- Interpretations of personality measures are explored with the candidate before assessments are made

- Test/questionnaire data is integrated with other sources of information

Test/questionnaires are reviewed to ensure they continue to be appropriate to the job.

SO/1/6/2

Appx A

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(PBC 10/02)

7 PRACTICAL EXERCISES

- All practical exercises are clearly job-related

- Exercises are designed around the selection criteria

- Specialist advice is sought when designing exercises

- Exercises are pitched at the right level and set in an appropriate context for the job

- Exercises have clear and comprehensive scoring guidelines

- Scores are produced in terms of the selection criteria.

- Assessors are trained

- Assessors write up evidence for their ratings in terms of the criteria

- Candidates are advised in advance that practical exercises are part of the assessment process

- References/other information gained outside the assessment

- Process

- Such data is used as a secondary source of information only

- Such data is used for factual, objective information

- If information of a more judgmental nature is used to supplement assessment information, specific questions are asked and evidence is elicited to back up the judgement

8 DECISION MAKING

- A rating scale is used

- Each criterion is assessed separately

- Evidence is produced for all ratings on all criteria

- Reasons for rejection/acceptance are recorded and kept on file foe at least six months

- Decisions are based on more than one source of information

- Unsuccessful candidates should be promptly notified in writing

- The successful candidate is the one who meets the criteria most fully

- Non- criteria related information does not affect decision-making e.g. current salary, etc

9 FEEDBACK

- Feedback is given to all successful candidates

- Feedback is given to all unsuccessful internal candidates

- Feedback is offered to all unsuccessful external candidates

10 MONITORING AND REVIEW

- Sex, race, age, and disability monitoring is undertaken at each stage of the selection process

- Monitoring data is analysed

- Actions follow on from analysis

- The recruitment and selection process should be continuously monitored to ensure its objectivity and validity

- End -

SO/1/6/2

Appx B

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(PBC 10/02)

BULLYING AND HARASSMENT

INTRODUCTION

This appendix outlines the Service policy in relation to bullying and harassment. It contains the following sections:

Definition of Harassment

Responsibility

What To Do If You Are Being Harassed At Work, An Employee Guide

Harassment Complaints Procedure

Guidelines on Good Practice for Managers

Managing Harassment Checklist

1 DEFINITION OF HARASSMENT

A person who is harassed will be referred to as the victim and the alleged offender as the harasser.

Harassment is regarded as any unwanted and unwelcome comments, actions, conduct, materials, suggestions, jokes or physical contact, unrelated to the requirements of an individual's job, that are considered objectionable and/or offensive by the recipient, causes offence, humiliation, fear, distress or loss of dignity, and has the potential to create an intimidating and unpleasant working environment, or interferes with job performance and/or progression.

Harassment may be directed against a person or group of people on account of their race, gender, disability, religious belief, or any other personal characteristic or aspect of a person's private life.

Harassment can take many forms, including:

- Unwanted physical contact or sexual advances or suggestions

- Physical assault, threats or intimidation, either by an individual or by a group

- Ignoring, isolating and excluding people or groups of people

- Derogatory language, remarks, jokes, (oral or written) the use of offensive nicknames, malicious gossip or innuendo

- Conduct and actions, either formal or informal, which abuses, degrades, insults or ostracises.

- Unfair allocation of, or criticism of, work or appearance, public reprimands, continued rudeness or sarcasm.

- Interference with personal property.

- Displaying or distributing on Service premises, or in personal storage areas, any material such as leaflets, posters, magazines or calendars which are degrading or which may cause offence. This includes the display of 'pin up' pictures.

- Displaying or using films, videos or computer-generated or network material of a pornographic, sexist or racist nature which could cause offence.

SO/1/6/2

Appx B

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(PBC 10/02)

Other forms of harassment include:

- Victimisation, if, for example, an employee has made an allegation of harassment, or has given evidence or information related to an allegation

- Bullying, which includes any employee using their official or peer position or group tactics to intimidate, humiliate, undermine and cause loss of dignity and/or distress to another employee

- Bullying behaviour can include persistent unjustified criticism, spreading malicious rumours, persecution through threats, making wild or inaccurate accusations, unjustifiably removing areas of responsibility from employees work

Note: These examples are NOT an exhaustive list, but provide a framework for what is considered unacceptable behaviour

2 RESPONSIBILITY

2.1 Chief Fire Officer, Principal and Senior Managers

The Service expects all its managers and supervisors to be totally committed to the elimination of harassment, and to be vigilant in preventing acts of harassment from occurring or continuing. Failure to do so will be considered as a failure to fulfil all the responsibilities of their position.

Managers are responsible for ensuring that the workplace is free of harassment. This includes ensuring that they and those who report to them:

- Attend appropriate training to increase their awareness of harassment issues

- Create a safe environment where harassment is not tolerated

- Promptly investigate any allegations that are brought to their attention and take appropriate action

2.2 All Employees

It is every employee's responsibility not to practice, encourage, incite or condone any form of behaviour which may be viewed by others as harassment. If an employee is in doubt about what behaviour might be viewed as harassment, they should seek advice. Behaviour by a person which was not previously considered unwelcome by the recipient may become so for various reasons. In this case the recipient should state that it is unwelcome as soon as it becomes so.

Employees can do much to discourage harassment even when it is not happening to them personally, by making it clear that they find such behaviour unacceptable, by refusing to collude in any way when it occurs, and by supporting colleagues who suffer such treatment and are considering making a complaint. Employees who witness harassment should bring it to the attention of management or the Personnel Department (uniformed or non uniformed).

SO/1/6/2

Appx B

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(PBC 10/02)

Further information, clarification or advice is available from the Service Equal Opportunities Advisor at the Personnel Department, Service HQ or Divisional Officers (Personnel).

3 WHAT TO DO IF YOU ARE BEING HARASSED AT WORK, AN EMPLOYEE GUIDE

HFRS is committed to a policy that ensures the fair treatment and dignity of all its employees in relation to harassment in the workplace. Harassment includes both victimisation and bullying.

HFRS expects a standard of behaviour from its employees which reflects this policy.

Harassment is not acceptable under any circumstances and the Service will, therefore, regard any form of harassment as a serious breach of its employment policies.

This applies to any employees who consider that they have been harassed on the grounds of gender, race, sexuality, age, disability or any other reason.

If you experience harassment then it is usually of benefit to discuss the issue with another person. The Personnel Department will provide support and the opportunity for a confidential discussion to identify with you the range of steps available to stop the harassment.

Wherever possible or appropriate, you should explain to the harasser how you feel. This could be face to face with the support of a member of the Personnel Department, a friend or a trade union representative. It could also be in writing. This may be enough to stop the unwanted behaviour. Always try to keep a record of everything.

3.1 Making a Complaint

Sometimes it may be necessary to make a formal complaint. You can do this if you feel the informal approach is inappropriate, or if it has been unsuccessful.

It is important that you understand that a formal complaint will result in an approach being made to the harasser, and you and the nature of your complaint will be identified.

You have the right to be represented by a trade union representative or friend throughout the process.

Your complaint will be investigated as thoroughly and quickly as possible, and as far as possible, confidentiality will be maintained.

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It will be helpful for the person investigating the complaint if you have kept a record of the incidents. If possible you should include the following information:

- Date of incident(s)

- Location

- Time

- Nature of incident(s)

- Your response

- Your feelings at the time

- The names of any witnesses

Many complaints can be resolved at an early stage, but, if necessary and appropriate, disciplinary action will be taken against the harasser.

Malicious and unfounded allegations of harassment will also be subject to disciplinary proceedings against the complainant.

3.2 Telephone Numbers and How to Proceed

In the first instance please contact your line manager, or a member of the Personnel Department (uniformed or non uniformed).

3.3 Further Support

- Employee Support Line (ESL): An independent confidential counselling service available free to HFRS staff (01962) 846388.

- Occupational Health Safety and Welfare Dept 02380 642264 Ext 808

- Chaplains:

A Div - Derek Overfield (01264) 366080

B Div - Jacqui Jones (01329) 235288

C Div - (Vacant)

- FBU Help line 0800 783 4778

- Networking Women in the Fire Service (01933) 388553

- Service Equal Opportunities Advisor 02380 644000 x 5340

4 HARASSMENT COMPLAINTS PROCEDURE

4.1 Introduction

4.1.1 The procedure laid down in this document has been agreed as the way all complaints of harassment will be dealt with by this organisation.

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Appx B

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(PBC 10/02)

4.1.2 The main aim when dealing with any complaint is to resolve matters quickly clearly and sensitively together with regard to rights of the complainant and the alleged harasser. Managers must take steps, as far as possible to maintain a reasonable working environment for all parties concerned whilst investigations are taking place.

4.1.3 This procedure must be used in conjunction with HFRS' Policies on Diversity and Fairness and Dignity which provide an overview of the issues and principles involved.

4.1.4 This procedure applies to all employees of HFRS

4.1.5 This procedure does not prevent any individual from seeking advice and support at any time from the Equal Opportunities Adviser, the Employee Support Line, Personnel Department or the Trade Unions. It does not affect an individual's rights in law.

4.2 Forms of Resolution

4.2.1 This procedure provides for three different forms of resolving complaints:

- Informal resolution by the complainant;

- Informal resolution by the complainant's manager:

- Formal resolution

4.2.2 The three forms of resolution are alternatives of equal merit depending on the circumstances and should not be applied as a chronological sequence to be followed. Nonetheless it is recommended that, in the first instance, consider resolving complaints informally. However, a decision to take a particular route should always be guided by a consideration of the following:

- The views of the complainant

- The nature and severity of the allegation

- The likelihood of a successful outcome

- The working relationship between the parties concerned

4.2.3 Disciplinary action may also be considered in cases of alleged misconduct.

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4.3 Informal Resolution by the Complainant

4.3.1 Members of staff who feel that they are being harassed and who feel able to, may approach the harasser(s) directly and say that his/her behaviour is unacceptable, and ask for it to stop. They may do this on their own or take a third party with them. This can be a friend or a trade union representative. The role of this person is strictly confined to that of providing moral support to the complainant.

4.3.2 It is important for staff who use this approach to keep a note of what was said and what was agreed.

4.3.3 If a personal approach is not viable or was unsuccessful or where it was felt to be inappropriate, the matter should be referred to the complainant's OIC or line manager. This may be done in writing or verbally. Again if this is not feasible or appropriate, or the person does not feel confident to do this the Equal Opportunities Advisor, or a more senior manager should be approached.

4.4 Informal Resolution by Management

4.4.1 On receipt of a complaint, the OIC or Manager following an assessment of the information, needs to decide upon the action to be taken to resolve the matter. Decision should be made or approved by an OIC/Manager in a rank not less than Station Commander/MG9. OIC'S/Managers are strongly advised to seek advice from the Personnel Specialist or Equal Opportunities Adviser at all stages of the process.

4.4.2 If the complaint is not in writing, the OIC/manager must make a note of it, including the date that the complaint was made. The complainant should be asked to sign the note as an accurate record and be given a copy of it.

4.4.3 All cases brought to management attention, particularly those which come under an alleged breach of the Race Relations Act, Sex Discrimination Act or the Disability Discrimination Act, details of the incident and the proposed course of action should be given to the Equal Opportunities Adviser.

4.4.4 Where an informal resolution is the preferred option the OIC/manager will interview the parties concerned to establish the detail of the complaint and to determine whether informal resolution is possible and /or appropriate. In carrying out these interviews the officer responsible shall pay due regard to the codes of practice and other personnel instructions.

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4.4.5 A number of avenues are available for consideration when seeking an informal resolution to a complaint. These include the harasser agreeing to cease the unacceptable behaviour and offering an apology to the victim (subject to victims agreement), mutually agreed transfers, forms of conflict resolution such as peer or structured mediation and further awareness training. The objective is to stop the harassment and to ensure that it does not reoccur.

4.4.6 When a satisfactory resolution is reached, the OIC/Manager will write to the parties concerned to confirm the outcome and meet with them if appropriate. In cases where the outcome has implications for the working arrangements of either party, a copy will be sent in confidence to Command /Departmental Personnel Manager, and to any other senior officer required to be aware of the result.

4.4.7 The OIC/Manager must keep a record of the complaint in summary form and the informal action taken. This record should be kept in a secure place under the strictest confidentiality. Upon resolution of the matter the documentation should be sent to the personnel department where it shall be held on confidential files for six years before being destroyed. All other copies of the documentation will be destroyed

4.5 Formal Resolution

4.5.1 Where the nature of the complaint is deemed to be very serious and in cases where informal resolution has proved unsuccessful (harassment continues or recurs), formal disciplinary procedures may be put into effect. The complainant will be informed of this.

4.5.2 Formal complaints against uniformed members of staff, subject to the Fire Service (Discipline) Regulations, will be reported to the relevant Functional Head. The Functional Head shall decide whether there are grounds for reporting the matter to the Service Investigating Officer in accordance with Service Order 2/8/3/6/2

4.5.3 The Service Investigating Officer will decide whether the complaint should be referred for investigation under the Fire Services (Discipline) Regulations 1985. The general principles outlined in this section and the good practice guidelines set out in sections 5 and 6 shall apply to the investigation and hearing of formal complaints.

4.5.4 The Service Investigating Officer should seek advice and input from the Equal Opportunities Adviser where appropriate, in particular where the allegations concern possible unlawful discrimination.

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(PBC 10/02)

4.5.5 Non-uniformed staff: A functional Head is responsible for deciding whether a complaint is of sufficient seriousness (subject to supportive evidence) to warrant a hearing under stage 2 of the Disciplinary procedure. A case manager approved by the Functional Head will be appointed. This person will be responsible for taking the case through the entire process.

4.5.6 This will include responsibility for investigating the complaint and if appropriate presenting the case. This officer will be trained in the procedure and should be of senior rank and experience to ensure efficient and effective management of the case. In the event of the person complained of being at Principal Officer level or above, the case manager may have to be brought in from outside a department.

4.5.7 The case manager will be responsible for managing the first stage of the process in accordance with the agreed procedures.

4.6 Case Conference and Reviews

4.6.1 At certain stages of the inquiry the investigation officer may need to hold a case conference involving all relevant persons to review progress and agree action. The decision to hold a case conference, and who it should involve, will be taken by the case manager. However, advice should be sought from the Personnel Manager if there is any doubt in this area. In cases where the complaint involves an alleged breach of anti-discrimination legislation, the Equal Opportunities Adviser should be present. On occasions it may be appropriate to have a respective Trade Union representative present. Again, advice when this is appropriate should be sought from the Personnel Manager.

4.6.2 All disciplinary cases shall conclude with a final case conference that will tie up and review the effectiveness of the process. This must include an interview with the complainant to establish that the complaint has being resolved in a manner that he/she is reconciled. In serious and complex cases it would be appropriate for this to be chaired by the commander/functional manager, and in cases where there is an alleged breach of anti-discrimination legislation, the Equal Opportunities Adviser should also be present.

4.6.3 With regard to the disciplinary procedure, the normal redress for a person accused of harassment, who does not accept the outcome of an enquiry would be through the relevant appeals procedure.

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4.6.4 The complainant has no right of appeal against the outcome of a formal disciplinary action against another person. However in exceptional circumstances a special case review may consider arguments from the complainant that the hearing did not resolve the matter satisfactorily. The exceptional circumstances would be where:

- There are grounds for claiming that the outcome of the disciplinary hearing (including a decision not to proceed with formal action) has not resolved the matter

- The complainant has grounds for considering that the formal procedures were conducted in a manner which were detrimental to her/him

4.6.5 If there was compelling evidence of unfairness, improper conduct or bias in the disciplinary process (either disciplinary procedures or discipline regulations) and especially that which could of itself involve a possible breach of any of the anti- discrimination legislation, the details should be brought to attention of the Chief Fire Officer, who will ensure that the matter is dealt with appropriately.

4.6.6 A case review should not be a re-hearing, or reconsideration of the original allegations nor should it result in a change to the disciplinary outcome. However if the case review finds evidence of possible misconduct on the part of any person, e.g. that they knowingly gave false evidence or misleading information during the investigation or hearing, the mater will be reported the investigating officer /functional manager for investigation and consideration of any disciplinary action.

4.6.7 In the event that the person bringing a complaint under 6.4 1 and 2 above remains dissatisfied with the outcome, he/she may invoke stage three of the grievance procedure.

5 GUIDELINES ON GOOD PRACTICE FOR MANAGERS

5.1 Introduction

These guidance notes are given as advice and in support of HFRS' Fairness, Dignity and Diversity Policy The points listed below are examples only and may not be applicable in every situation but give general outcomes. These guidelines should be used flexibly in accordance with the circumstances of each individual case. Nevertheless, it is intended that you will find the guidelines helpful when managing complaints of harassment and bullying.???

Please be aware that these guidelines are there to help you support the standards of equality, fairness and dignity the Service expects.

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Dealing effectively with a complaint of harassment and bullying is not always straightforward. Indeed, the issues involved can be complex for a number of reasons. After having consulted these guidelines, if you are still unsure how to proceed, you should seek advice from your line Manager, Equal Opportunities Adviser, Divisional Officers (P) or Personnel Manager. (contact details for these individuals can be found at the end of this document)

5.2 What benefits can we achieve by having a policy on harassment and bullying in our workplace?

There are a number of ethical and humanitarian reasons which, by themselves, are sufficient to justify policy on harassment and bullying. Additionally, a harassment free working environment will have a significant impact on the efficiency, safety and effectiveness of the organisation through:

- Recruitment: attracting a diverse range of talented individuals to consider a career a with HFRS

- Development and retention of staff: creating an environment where the contributions of all staff are recognised and valued so that the full potential of every employee can be realised

- Legal compliance: enabling the Service to meet all its legal obligations in respect of discrimination, employment, human rights and health and safety, and to avoid the damaging consequences of cost and adverse publicity in failing to comply

- Improving service delivery: improving the quality of service to Hampshire's diverse communities

5.3 What outcomes are we seeking?

The desired outcome from dealing with a complaint at the lowest level and informally, is that the complaint is resolved, appropriate management action is taken and working relationships are quickly re-established. This will require:

- Taking action quickly

- That the action is to the satisfaction of the complainant as far as can be achieved and taking account of the circumstances with regard to the principles of fairness

- That the action is taken in a manner to which the alleged offender is reconciled

- The harassing and bullying behaviour (or perception of it) ceases (if it is of a continuing nature)

- That confidentiality is maintained, as far as possible

- An apology for causing offence, if appropriate is given and accepted

- The complainant and, the alleged offender to continue to feel valued as team members by OIC/Manager/ work colleagues and the Service

- The alleged offender understands why the behaviour caused offence and how it is seen to be unacceptable

- The manager or supervisor to reinforce with the alleged offender, the standard of conduct expected by the service

- If appropriate, to consider training for any of the parties concerned or the team

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5.4 Rights and Responsibilities

5.4.1 Effective management of diversity and harassment requires a proper balance of rights and responsibilities. You should recognise that you have a statutory duty to apply the standard that fairness and dignity which like health and safety, is applicable to every person in the Service. Generally, this can be equated to basic human decency and common sense but if mismanaged can be very costly in human and monetary terms.

5.4.2 It is not the intention of the Service to prescribe how its employees think but it certainly wants to provide clear standards expected from their conduct at work.

5.4.3 As a manager you are responsible for:

- Setting a good example to employees in actions, words and demeanour

- Acting upon breaches of orders and policies

- Ensuring that your staff conduct themselves in accordance with those orders and policies

- Identifying and discussing their training needs

- Taking appropriate action to meet those needs

5.4.4 With these responsibilities, as a Manager you have rights:

- To be equipped and trained to manage and to be supported in managing

- To know what standards are expected of you and to be kept regularly informed of any changes.

5.5 Proactive Management

5.5.1 The implementation of fairness, dignity and diversity policy and harassment and bullying policies require a pro-active role from the OIC's and Managers. This means leading by example, showing leadership and actively challenging harassment and bullying in a positive constructive manner when ever it comes to light or brought to your attention.

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5.5.2 Managers have a duty of care and a personal responsibility to protect their staff from harassment and bullying. Implicit within this role is a requirement to be vigilant and pro-active. This is necessary because past experience has shown victims of harassment and bullying may:

- Not know how to make a complaint

- Be afraid of being victimised

- Feel there is no point in making a complaint, as no action will be taken

- Lack the confidence to approach a manager or supervisor, especially if the victim is new to the Service

- Be too embarrassed to complain and not want to draw attention to their problem

- Apply coping mechanisms and may not acknowledge to themselves that they are being harassed and bullied

- Accept the situation mistakenly as `normal' behaviour

5.5.3 Managers and supervisors are therefore required to challenge those engaging in behaviour contrary to Service standards, even if the victim may claim to not to mind, or all parties claim the matter is harmless banter.

5.5.4 Managers and must have the ability and confidence to act after getting the views and explanations of all concerned. If, in the opinion of the manager, the conduct appears to be contrary to the Services' standards, appropriate action must be taken, regardless of the views of those involved.

5.6 Management of a Complaint

5.6.1 General principles: Managers are responsible for the management of the process. A DCFO or Head of function should ensure that a person with appropriate experience and seniority has overall charge of any formal processes and is able to follow them through. Should a case be passed to another officer, managers/supervisors must inform all the parties involved.

5.6.2 The Equal Opportunity Adviser and Personnel department are advisers to the process not the managers of it, unless the case is formalised under the bullying and harassment procedure. Such a decision would taken by the DO (P) or the Personnel Manager.

5.7 Information Gathering and Recording

5.7.1 Confidentiality must be observed by all those involved in cases. A strict need to know policy for any information about any case must be observed.

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5.7.2 Detailed notes should be kept of all action taken. Please remember that all written information may have to be made available at a subsequent court hearing. In any event these may be needed for the purposes of any subsequent disciplinary or grievance hearings. High standards of accuracy must be maintained.

5.7.3 The officer responsible must ensure that all parties/representatives involved are kept informed of progress. Refer to the Complaints Procedure for guidance on responsibilities for maintaining and storing notes. If in doubt please ask for advice. (Personnel Manager/Senior Officer).

5.8 Managing Outcomes/Aftercare

5.8.1 It is essential to carefully manage the outcomes of a harassment/bullying case. Use the checklists to make sure you have tied up all loose ends.

5.8.2 In the case of serious complaints, it may be necessary to transfer one or more of the parties. This would, of course, be the person who has admitted or found to be the perpetrator. However, in some circumstances complainants may be given a choice as to whether they want to transfer. But care must be taken to ensure that they suffer no immediate or long-term disadvantage from the move.

Where an alleged perpetrator or perpetrators are transferred, unless this action is taken after admission or finding of culpability, it must be explained that such action is not punitive but in the interest of good management. Furthermore such a transfer must not be in breach of an individual's contract of employment.

5.9 Good Practice Hints

- Be impartial and non-judgmental

- Harassment is often a matter of individual perceptions and involves people's feelings

- Any person receiving or responding to a complaint must take it seriously. This is not the same as automatically believing it

- Satisfactory resolution will be dependent on a thorough but sensitive examination of the issues

- An inappropriate response can compound the damage to the individuals involved and may be seen as victimisation. Such action would also undermine the integrity of HFRS and its policies.

- The aim is to resolve the complaint to the satisfaction of the complainant and achieve a result which the alleged perpetrator is reconciled-and to restore good working relationships wherever possible.

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6 MANAGING HARASSMENT CHECKLIST

6.1 Complaint is Received/Referred

How was the complaint made?	Formal approach?	This is a clearly stated formal complaint from an individual or third party.	Check if the person is happy to talk to you. Ask whether they need a friend/rep.	Let person talk freely, if they have chosen to talk to you.
	Informal approach?	An expression of concern from an individual or third party.	Explain that you need to record details, time, date, names, places, facts (see confidentiality).	Do not abuse that trust.
Personal checklist.	Are you the right person to deal with the complaint, ie, in terms of:	Authority.	Are you outside the line management chain?	A person who is being harassed may approach someone outside their line management structure. At some point management will need to be involved. If unsure about this please seek advice.
		Experience.	Have you got the experience of dealing with complaints/are you trained?	If not consider referring to someone who has, but you must explain to the complainant and ensure they are OK with that.
		Seriousness of complaint.	Nature of abuse complained of, context, eg, relative position of those involved.	You may need advice on this if complaint is racial, sexual, disability based. You must inform EOA at the earliest opportunity.
		Seniority.	Are any of the parties your peers or senior to you?	You may find this poses problems. If in doubt, ask!
		Conflict of interests.	Do you have knowledge/ relationship with any of the parties?
Confidentiality	How do you deal with the issue of confidentiality and	Guarantees.	You should only guarantee what you can deliver.	Don't promise absolute confidentiality or anonymity. You are not in a position to guarantee it.
	anonymity?	Constraints.	Confidentiality is qualified.	Confidentiality may be over-ridden by H&S, criminal law, etc.
		Responsibility.	You have a responsibility to ensure you operate a strict need to know policy.	If you have any doubts about who needs to know, ask for guidance from EOA or Personnel Manager.

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Recording.	What should you record at this stage?	Dates, times, places, work location, etc, broad detail of incidents complained of.	This is NOT a formal interview at this stage.	Important information may be divulged and should be recorded accurately. You should provide the complainant with a copy and, if appropriate, get them to sign it.
Support.	What should you do to support the complainant?	Referral.	You may need to pass the complaint to another party.	This is not a case of passing the buck. This is about recognising where your level of expertise, experience is insufficient to deal further with the issue.
		Action.	Your next steps.	Explain how you will proceed, who will be involved, etc.
		Outcomes.	Ways situation might be resolved.	Eg, mediation, relocation, disciplinary action.
		Assess vulnerability.	Is person at risk?	Assess risk to person of further harassment (this may involve talking to others).
		Check expectations.	What do they want as an outcome?	Find out what they expect, how they like to see the matter resolved.

6.2 Subsequent Management Action

The case manager decides on whether disciplinary action	How?	Assess the seriousness of alleged abuse.	Continuum: Unintentional insult to wilful/malicious harm.	If you don't know or feel confident to make the judgement, seek advice from the EOA.
or informal resolution is appropriate.		Context.	Relationship between parties/seniority/equalities issues.	Matter may be more serious where it involves an abuse of authority or a breach of employment law or anti discrimination law.
		Previous history.	Whether acts are persistent/one off.	Minor acts can become serious if repeated, especially if person has been warned in the past.
		Vulnerability of person complainant.	Is the person at further risk?	We owe people a duty of care. Leaving a person in an unsafe environment may breach that DOC.
		Complainant's wishes.	What does the person want as an outcome.	You should establish and take full account of their wishes.
		Interview the alleged harasser.	If appropriate (see above) you may choose to interview the alleged harasser at this stage.	If a strong case is found, you may go straight to a disciplinary process; the interview of the accused should be carried out by an investigating officer.

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Informal resolution.	Why have an informal resolution?	Complainant's wishes.	The complainant may just want the abuse to stop.	Whilst the complainant's wishes should be borne in mind, these should not dictate the management responses.
		Issue does not warrant disciplinary action.	Some actions may be judged as not requiring disciplinary action.	Reasons might include: Objective assessment of seriousness of actions complained of, the cost to the organisation/formal action may exacerbate or escalate a minor problem.
	What would determine whether it was appropriate for a matter to be resolved informally?	Seriousness/context/ history/safety/ complainant's wishes.	All factors above need to be weighed up against each other.	This is a matter of judgement and case managers are advised to seek guidance from specialists via case conference.
		Mutual agreement.	Willingness of parties to co-operate.	Only works if parties are signed up to process, delays the inevitable. Mediation in particular must be with active consent and involvement of both parties.
		Long term success.	There must be a reasonable chance of long term success.	The purpose of this process is to stop improper conduct, resolve conflicts and get people back to work. Informal resolution needs to be managed properly and monitored.
Informal resolution continued.	What actions constitute informal resolution?	Mediation.	Structured mediation. Peer mediation.	There are many approaches to alternative forms of conflict resolution. information from EOA. Not to be used without advice and notice of guidelines.
		Development and training.	Meeting individual and management training needs.	Problems arising from inadequate T&D/supervision and support must be tackled by remedial action not punitive action.
		Restructuring/relocation.	Identifying structural problems or `poor fits'.	Problems caused by structural inadequacies/compatibility issues require remedial action not punishment.
	What if it doesn't work? ie, there is:	Further harassment.	Harassment continues/resurfaces resulting in new complaints.	Move to discipline unless mitigating circumstances.
		Mutual incompatibility.	Individuals cannot resolve issues.	If no clear focus of responsibility revisit/develop new strategy.
		Inadequate management action.	T&D, supervision, structural issues not addressed.	Take appropriate management action to address issues, also why action not taken/unsuccessful.

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Difficult situations.	Complainant unwilling to name alleged harasses/bullies or co-operate with the disciplinary process.	This is not uncommon.	Victim may fear a backlash or reluctant to see people get into trouble.	Always seek advice and guidance before acting, problem could be exacerbated.
		Persuasion.	Take time with complainant to gain their confidence to be specific and where appropriate to make a formal complaint.	If this fails, the issue must still be investigated and appropriate management action taken.
		Move the problem.	Eg, where safety of others is at risk, or where there is suspicion of a criminal act.	Take note that moving complainant won't end the problem.
		Order complainant to respond.	Take care to address their concerns and be seen to take effective action.	In some cases, the Service may require the complainant to name the harasser.
		Pro-active management.	What have you as the manager done/doing to prevent harassment and bullying.	If standards of conduct are as they should be, the person shouldn't have reason to complain, however, when they do the Service has a duty to act responsibly. It may mean also that managers have to front the problems for the person who is being bullied/harassed.
	What if you suspect the complainant's motive is malicious?	Consider carefully before you act.	Note that a vast majority of complaints have some foundation.	The number of proven malicious or vexatious complaints are insignificant but that is not to say it is not possible, though very unlikely.
		Harassment is mainly about peoples perceptions and feelings.	It is difficult to prove motivation and assess the reasonableness of a perception, but it is not difficult to assess the acceptability of firm actions.	Some actions may be misconduct irrespective of them being seen as harassment. The existence of such acts may tip the balance in favour of the complainant.

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Disciplinary action.	When is disciplinary action appropriate?	Serious one-off/ persistent acts.	If you are unsure about the gravity of an act, seek advice. Never act solely on your own subjective judgement. Even those acts considered minor can become serious if continued, especially after an individual has been warned and told to stop.
		Non co-operation with informal processes.	If a person refuses to co-operate with informal resolution it would be appropriate to start disciplinary procedures.
	What is the first step? Case Manager:	Review all information.	Any new information on the gravity, context, history, vulnerability, potential impact on the Service.	It may be appropriate to call a case conference at this stage to ensure all information is known to all parties involved.
		Decide if suspension/relocation is warranted.	Suspension/relocation is NOT a presumption of guilt.	However, not suspending or relocating an accused person may be taken as not treating the complaint as serious or is vexatious. Suspension may be necessary to protect complainant. Other staff, accused and Service.
		Follow procedures to the letter.		If an individual is suspended a full explanation must be given, reasons why, the nature of the allegations and possible consequences; not to contact other staff, attempt to influence enquiry, etc. Speedy resolution is critical.

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Disciplinary action continued.	What is the first step? Case Manager: continued	Liaise with ACO (Personnel)/Personnel Manager to appoint investigating officer.	Appoint appropriate individuals. Consult with EOA.	Person must be aware of and alert to the disciplinary procedures and the legal, policy, personal and the political dimensions of harassment and discrimination.
		Agree scope of inquiry with ACO/Personnel Manager.	Consult EOA/legal, etc, as appropriate.	Locate any existing information, eg, previous history, independent statements, witness statements. If there is a lot of existing evidence, the inquiry needn't be exhaustive.
			Make sure extent of inquiry matches seriousness of allegations and the severity of outcomes for both parties.	Lengthy investigations can cloud issues, add to stress of those involved and increase costs to the Service.
			Decide who will hear case if charges are brought.	ACO (Personnel) must monitor progress of enquiry. Officer who hears case must remain impartial.
	What happens next? Local manager.		Manage workplace.	Maintain close watch on working relationships.
Disciplinary action continued.	What happens next? Investigating officer.	Statement from complainant.	Detailed statement which includes nature of harassment, times, dates, names, witnesses, material evidence. Ensure it is signed and dated.	Check for any existing statements. Complainant may find another interview distressing; may not want to talk to man/white person. IO must be alert to this and be prepared to be flexible. The IO must not question or investigate the actions, motives and the character of the complainant. The complainant must always be offered the option of bringing a third party of their choice.
		Statement from alleged harasser.	Get response to allegations, times, dates, names, witnesses, material evidence. This must be signed and dated by the alleged harasser.	The person must be accompanied; had time to read and digest complaint and prepare response.
		Statement from witnesses.	Get statement of actions witnessed, times, dates, names, other witnesses, material evidence.	Witness need not be accompanied but if the person is uncomfortable or under stress, it may be advisable to allow a friend to be present.

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	Report.
	Summary.	Summary of findings.	A racial, sexual motive is often difficult to prove; IO needs to look at acts complained of in broader context; not make unwarranted judgements about complainants character, past history, personal life. Not have investigated the complainant(s).
Disciplinary action continued.	Recommendations.	Recommendations.	Report should recommend whether charges are warranted and, if so, what they should be.
	Hearing.
	Level.	Personnel Manager advises functional head/DO on whether and what charges should be brought, at what level.	Serious acts of harassment/bullying are acts of gross misconduct as per disciplinary procedure and must be heard at Stage 2.
	Chair.	Personnel Manager agrees with FH/ACO who will hear case.	The chair should be someone who has had no direct involvement in the case or maintained a reasonable distance from it, to ensure objectivity. The chair should be carefully briefed on the law, policy and procedures. Wherever equalities issues are involved, it is advisable to have the EOA present.
	Presentation.	Personnel Manager/IO presents management case.	The panel must not allow extreme adversarial conduct in the hearing.

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Finding.

Panel makes decision and informs both parties.

In communicating the decision, make sure both parties understand and are at least reconciled to the findings. Personal contact in addition to confirmation in writing is recommended rather than informing by letter alone.

- End -

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SERVICE POLICY IN RELATION TO EQUAL OPPORTUNITIES AND DIVERSITY MONITORING

Under Development