Behavioural Standards Guidance (Revised core values) - October 2024

2. Scope

This guidance applies to all Carmarthenshire County Council workers apart from staff on the complement of Locally Managed Schools where separate procedures will apply. In the absence of a school policy, it is advised that this guidance is followed.

3. Confidentiality

Throughout this guidance and the process for managing unacceptable behaviour (informal and/or formal action) confidentiality must be maintained by all parties involved, both inside and outside the workplace. Any breach of confidentiality may result in the disciplinary procedure being invoked.

4. Roles and responsibilities

4.1 People, Digital and Policy (PDP)

The HR Business Partnering Team will provide advice to you and your manager on the application of this guidance and its associated policies and procedures.

The Learning and Development Team will support you and your manager to develop skills, knowledge and understanding of managing conflict.

The Occupational Health, Safety & Wellbeing team will support you and your manager with appropriate health, safety and wellbeing support.

4.2 Managers

Your supervisor and manager are responsible for ensuring that you and your team carry out your duties in accordance with this guidance and associated policies by:

• leading by example and improving personal leadership abilities, promoting high standards of behaviour, managing conflict effectively and appropriately participating in relevant management development.
• ensuring this guidance is communicated to your team and ensure you understand your personal responsibilities.
• challenging inappropriate behaviour in the workplace promptly and promoting positive employee and external relationships.
• identifying your individual and team training and development needs in relation to equality and diversity as part of the appraisal process.
• ensuring standards of health, safety and wellbeing are reasonably maintained and undertake workplace risk assessments. Consider preventative measures to mitigate inappropriate behaviour including from third parties.

4.3 Your responsibilities

You are personally responsible for ensuring you positively support the principles and values of this guidance, promote positive employee relations, challenge inappropriate behaviour, and uphold the principles set out in the Employee Code of Conduct, the Equality and Diversity policy and other associated policies and guidance. You should consider your own development needs in relation to the guidance as part of the appraisal process.

You must:

• Afford dignity, trust, and respect to everyone.
• Be aware of the effect of our own behaviour on others.
• Communicate honestly and openly, clearly stating what you mean and what you expect of others.
• Provide honest feedback based on evidence and be open to constructive criticism.

5. Acceptable behaviour

Our values underpin and guide the way we work, the way we improve and the way we make decisions to support the community that we serve. We are all required to consider how we support and apply these values, so they actively underpin the principles of the Behavioural Standards guidance.

Acceptable behaviour in the workplace is behaviour that demonstrates our core values. This is an essential feature to enable you to fulfil your role and responsibilities and when developing and delivering our services. We expect you to strive towards achieving and maintaining our core values Core Values.

We must all understand how acceptable behaviour is defined, by participating in appropriate learning and development, and how it varies both within and between cultures, e.g. in relation to personal space, contact between people of different genders, levels of formality or informality and so on. Lack of understanding can give rise to offence, distress, or feelings of discrimination by all parties when a complaint is raised. By accepting and embracing cultural diversity you must work sensitively but not lose sight of an individual’s perception of unacceptable behaviour.

6. Unacceptable behaviour

Unacceptable behaviour means any action instigated by an individual that can be described as discrimination, victimisation, sexual harassment, harassment related to a protected characteristic or bullying. It is costly, counterproductive and can have a devastating effect on those involved.

Employment legislation prohibits sexual harassment which occurs when a worker is subjected to unwanted conduct as defined in Section 7 below and which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.

Employment legislation also prohibits harassment that is related to a relevant protected characteristic, i.e. race (which includes colour, nationality, ethnicity or national origins); disability; religion, belief or non-belief; age; sex; gender reassignment (whilst not legislative under the Equality Act we recognise gender identity and gender expression within this definition); sexual/romantic orientation; pregnancy or maternity; marital status or civil partnership; Welsh language (whilst not legislative under the Equality Act we recognise pregnancy or maternity, marital status or civil partnership and Welsh Language within this definition) or that of another person even when not directed at them, e.g. a colleague witnessing or observing unwanted conduct against another colleague can make a claim of harassment, regardless of protected characteristic, where they are affected by the conduct.

Under the Protection from Harassment Act of 1997 harassing someone can be a criminal offence and/or can lead to civil action by the individual subject to the harassment.

It may not be so clear in advance that some other forms of behaviour would be unwelcome or could offend a person, e.g., certain “banter”, flirting, asking someone for a private drink after work or behaviour because of a particular mental health condition or learning disability. In these cases, first time conduct which unintentionally causes offence will not be deemed as harassment but will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to them.

7. Defining discrimination (direct or indirect), victimisation, bullying, sexual harassment and harassment

Direct discrimination is less favourable treatment directly because of a protected characteristic.

Example:

Geraint wants to work in social care. He applies for a job within the social care team, but his application is rejected because they think women have better caring skills and would have more credibility with clients. This is direct discrimination because of sex.

Indirect discrimination is when everyone's treated the same but people with a protected characteristic are put at a disadvantage.

Example:

Jay has type 1 diabetes and works as a catering assistant in a school. The supervisor insists everyone has a break at the same time, with no other breaks. Jay sometimes needs snacks between meals to help manage their diabetes. Jay's supervisor says they will not make any changes to this practice. This is indirect discrimination.

Victimisation is when someone is treated less favourably because of being involved with a discrimination or harassment complaint and is a specific type of discrimination under the law (Equality Act 2010).

Example:

Luca was a witness at an employment tribunal, supporting a colleague who made a claim of sex discrimination.

Luca applies for a promotion and does not get it. A member of the selection panel says Luca is a troublemaker who supported a discrimination claim against the company.

If this is the reason for the panel's decision, Luca is being victimised.

Bullying is “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient”.

Examples:

• constantly criticising someone's work.
• spreading malicious rumours about someone.
• constantly putting someone down in meetings.
• deliberately giving someone a heavier workload than everyone else.
• excluding someone from team social events.
• putting humiliating, offensive or threatening comments or photos on social media.

Bullying can also happen from staff towards someone more senior, for example a manager. This is sometimes called 'upward bullying' or 'subordinate bullying'. It can be from one employee or a group of employees.

Examples of upward bullying can include:

• showing continued disrespect.
• refusing to complete tasks.
• spreading rumours.
• constantly undermining someone's authority.
• doing things to make someone seem unskilled or unable to do their job properly.

It can be difficult for someone in a managerial or leadership role to realise they're experiencing bullying behaviour from their staff. It's important to consider the real reasons for the behaviour. For example, there might be a wider issue with the culture of the team that can be identified and addressed.

Sexual harassment occurs when a worker is subjected to unwanted conduct, and which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.

Examples:

A male worker alters a pornographic image by pasting an image of his female colleague’s face on to it. He then sends it to their other colleagues, causing them to ridicule her. There was no sexual motivation behind this act, but the use of the image is sexual in nature.

A female worker has a brief sexual relationship with her supervisor. The worker tells her supervisor that she thinks it was a mistake and doesn’t want the relationship to continue. The next day, the supervisor grabs the worker’s bottom, saying ‘Come on, stop playing hard to get’. Although the original sexual relationship was consensual, the supervisor’s conduct after the relationship ended is unwanted conduct of a sexual nature.

Conduct ‘of a sexual nature’ includes a wide range of behaviour, such as:

• sexual comments or jokes.
• displaying sexually graphic pictures, posters or photos.
• suggestive looks, staring or leering.
• propositions and sexual advances.
• making promises in return for sexual favours.
• sexual gestures.
• intrusive questions about a person’s private or sex life or a person discussing their own sex life.
• sexual posts or contact on social media.
• spreading sexual rumours about a person.
• sending sexually explicit emails or text messages, and
• unwelcome touching, hugging, massaging or kissing.

An individual can experience unwanted conduct from someone of the same or a different sex.

Sexual interaction 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.

Harassment is “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”. Conduct that has one of these effects can be harassment even if the effect was not intended.

The relevant protected characteristics are age, disability, gender reassignment (including gender identity and gender expression), race (including colour, nationality, and ethnicity), religion, belief or non-belief, sex and sexual/romantic orientation.

Examples:

A Sikh worker wears a turban to work. His manager wrongly assumes he is Muslim and subjects him to Islamophobic abuse. The worker could have a claim for harassment related to religion or belief because of his manager’s perception of his religion.

A worker is subjected to homophobic banter and name calling, even though her colleagues know she is not gay. Because the form of the abuse relates to sexual orientation, this could amount to harassment related to sexual orientation.

Unwanted conduct which essentially means the same as ‘unwelcome’ or ‘uninvited’ covers a wide range of behaviour. It can include:

• spoken words.
• banter.
• written words.
• posts or contact on social media.
• imagery.
• graffiti.
• physical gestures.
• facial expressions.
• mimicry.
• jokes or pranks.
• acts affecting a person’s surroundings.
• aggression, and
• physical behaviour towards a person or their property.

The following examples show the variety of ways in which unacceptable behaviour can occur. The list is neither exhaustive nor exclusive; it serves to illustrate a range of potential indicators of unacceptable behaviour:

• Using aggressive language, threatening, ridiculing, ignoring people or shouting.
• Shifting blame to others.
• Communicating with people at home unnecessarily (especially demanding work when the person is absent due to sickness or ill health).
• Focussing only on weaknesses.
• Bringing up details of someone’s private life.
• Leaving impossibly long lists of tasks and making unreasonable demands.
• Criticising people in their absence.
• Inappropriate comments or jokes.
• Questioning an individual about their sexual/romantic relationship/preferences.
• Frequent comments about aspects of physical appearance or using forms of address that are demeaning.
• Repeated staring or leering or suggestive looks at parts of the body.
• Physical contact ranging from unwanted touching of any kind.
• Making unwanted sexual advances.
• The use of pin ups, posters or electronic display e.g., pornographic pictures, objectionable images.
• Comments about, or the excluding of, a colleague from workplace talk or activities, on the grounds of age, race (including colour, nationality and ethnicity), sex, gender reassignment (including gender identity and gender expression), disability, sexual/romantic orientation and religion or belief (including non-belief), marriage or civil partnership, pregnancy or maternity.
• Threatening or implying that you will cause the person to lose their job or fail to get a promotion or suffer some other form of career difficulty or financial disadvantage. This can also include inviting employees to leave their employment if they raise a concern.
• Using language and/or gestures in such a way that someone fears for their personal safety.
• Coercing or encouraging someone to join the harassment or bullying of another person.

For further details relating to the definitions of bullying and harassment please refer to Appendix 1.

8. Cyber bullying

Examples of cyber bullying or harassment using electronic means include:

• Offensive e-mail – sending offensive e-mails to a colleague or other third party even if it is supposed to be a joke in which a person might be offended by the content of the message or any attachments.
• E-mail threats – as well as a direct threat this could also include relatively inoffensive messages in terms of content but the implied meaning behind the message can constitute a form of bullying.
• Flame mail – sending aggressive and/or abusive emails to individuals or groups of individuals.
• Posting comments on blogs and social networking sites. We do not allow access to social media during working hours or our network at any time except for legitimate business reasons and where the relevant permission has been obtained. You need to be mindful that in relation to use of social media, it is not just business use that can have an effect in the workplace but also personal use of social media outside the workplace. Please refer to our Social Media Policy.
• Deliberately copying individuals into emails who do not need to know about the content where this is deemed to be inappropriate and has the intention of humiliating or undermining an individual.

9. Determining whether unacceptable behaviour is taking place.

The key questions are:

• Is the person experiencing discomfort, distress, or unhappiness at work or at home that is emanating from work?
• Is this the result of another person’s unacceptable behaviour at work?

Unacceptable behaviour may also occur outside of work at, e.g., work related social functions and the principles of this guidance continue to apply. It is important that you adhere to the standards set out in Section 4 and 5 of this guidance and the Code of Conduct; Code of Conduct, the Social media Policy and the Equality & Diversity Policy.

The examples of unacceptable behaviour within this guidance are not exhaustive and action may be taken where a behaviour not listed is judged to be unacceptable when considering the principles of this policy.

10. Capability, conduct and positive management

Where concerns regarding work performance arise the Capability Policy ensures that there is a fair and effective process for managing work performance and capability issues.

Where concerns regarding conduct arise the Disciplinary Policy ensures that there is a fair and effective process for managing conduct issues.

Appropriate application of our Capability or Disciplinary policy and procedures by a manager who has a legitimate concern regarding your performance or conduct is not regarded as harassment or bullying. Please refer to Appendix 2 “Positive Management and Bullying”.

11. Learning and Development

Further information and support in relation to identifying the most appropriate learning and development activities can be discussed with the Learning and Development team.

12. Resolving concerns relating to unacceptable behaviour

12.1 Your role in informal resolution if you are the recipient of unacceptable behaviour:

You are positively encouraged to raise your concerns rather than put up with inappropriate behaviour at work whether you have been the subject of, or witness to such behaviour. Things can only improve if you make it clear to the person whom you believe is acting inappropriately that the behaviour is unacceptable, either directly to the individual or with the support of your manager.

Concerns should be raised at the earliest opportunity and resolved informally, quickly, and sensitively by all parties involved. This approach has many advantages as it enables early and effective resolution, reduces embarrassment and the risk of breaching confidentiality, and minimises disruption at work. The aim is to resolve concerns and improve working relationships at the earliest opportunity. Please see Appendix 3 and 4 for guidance on informal resolution.

All parties are expected to take concerns seriously, recognise their own contribution to the situation and work towards a positive and constructive resolution. Concerns will be considered impartially and fairly and resolved by implementing appropriate remedial action promptly.

People are not always aware that certain behaviour is inappropriate and unwelcome, and an informal discussion can often help to clear the air and improve understanding so that the behaviour ceases.

If you believe you are experiencing unacceptable behaviour at work you are encouraged to discuss your concerns with your manager at the earliest opportunity (or a more senior manager, if appropriate).

If you do not wish to raise your concerns initially with your manager you are encouraged to speak to a member of the HR Business Partnering Team; HR Business Partnering Team who will offer reassurance and advice, and explore with you the different approaches to resolving your concern informally. Whilst this initial discussion will be treated in strict confidence, the HR Business Partner will explain to you the circumstances where the concern may be shared with an appropriate Manager or Head of Service, e.g. where you or another individual may be at risk and there is a duty of care.

You can also request a referral to the  Occupational Health team for initial confidential health and wellbeing advice and support prior to a formal referral via a manager. If you require longer term medical care or counselling, you should discuss this with your GP.

Alternatively, you may wish to speak to a recognised Trade Union representative for initial support before raising your concern informally with a manager, HR Business Partner or OH advisor. For contact information please refer to Appendix 5.

Any meetings under the Behavioural Standards guidance are informal and as such there is no right to be accompanied by a companion, i.e. a recognised trades union representative or a work colleague. However, this may be in the best interest to support a speedy resolution, and this can be considered on a case-by-case basis.

12.2 Manager’s role in informal resolution:

Where you raise a concern of perceived unacceptable behaviour with your manager and it is evident that you have tried to resolve the situation informally with the individual(s) concerned but to no affect, your manager is responsible for facilitating an informal discussion with the individuals at the earliest opportunity.

The informal discussion with the individual(s) should be conducted within 7 calendar days of receiving the concern. The informal discussion should be structured to enable both parties to explain the impact, circumstances and context of the alleged behaviour and to plan and agree appropriate behaviour moving forward.

Your manager may wish to seek advice from a HR Business Partner and/or a Learning and Development Advisor to plan and prepare for the discussion.

During the meeting your manager should ask you to describe the alleged behaviour, why it has been perceived to be inappropriate and its impact on you. This will enable all parties to acknowledge that your feelings are real and important. This is a vital aspect of the meeting as it is common for individuals not to be aware of the impact of certain behaviour on others.

Your manager should acknowledge your response and then offer the workers(s) alleged to have behaved inappropriately an opportunity to respond.

Ideally the sharing of the perceived behaviour from both parties with your manager will lead to a better understanding on both sides of the actual behaviour experienced and the standards of behaviour expected moving forward. Your manager, as part of the discussion, should agree with both parties the behaviour that is expected moving forward and review dates to monitor the effectiveness of the changes. Your manager is expected to maintain a record of the initial and subsequent discussions and agreed outcomes (there is no requirement for a note taker at these meetings). Please refer to Appendix 4 for further guidance relating to managing conflict between individuals.

There may be occasions where during the process one or both employees involved may report sick. Where this is the case, meetings relating to the issues should be re-convened as soon as is reasonably practicable. If the reason for the absence is connected to the issues raised then it is important to continue to attempt to resolve through this guidance and also refer to the Sickness Absence Policy; Sickness Absence Policy. If stress is a factor please refer to the individual stress risk assessment tool; stress risk assessment tool. Advice can also be sought from Occupational Health Unit.

There may be cases where professional mediation is the most appropriate and effective route to rebuild the relationship. Mediation is not however a universal remedy and as such advice should be sought from the HR Business Partnering Team before discussion with the parties involved to assess whether this is the appropriate course of action.

12.3 Your role in informal resolution if it is perceived you are responsible for the unacceptable behaviour.

If someone approaches you about your perceived behaviour, the recipient’s concern should not be dismissed out of hand because you only intended the behaviour as a joke or you believe the individual is being too sensitive.

It is important to remember that different people find different behaviour acceptable or unacceptable and everyone has the right to decide how the behaviour has impacted on them and to have their feelings respected by others.

The individual responsible for the perceived behaviour may have offended someone without intending to. If that is the case, the recipient may be content with an explanation and an apology and an assurance that they will be mindful not to behave in a way that they now know may cause offence in future.

In such circumstances your manager facilitating the informal stages will continue to monitor the situation for an agreed period and the individual responsible will be advised of this.

If the individual responsible for the perceived behaviour has any concerns, they should speak to their manager or contact the HR Business Partnering Team for advice.

13. Formal action

All parties involved should make every effort to resolve concerns at the informal stage as this produces better outcomes for all concerned. There may however be occasions where unacceptable behaviour cannot be resolved or is not appropriate to manage at an informal stage and this will depend on the circumstances of the case.

13.1 Grievance procedure:

When all reasonable attempts at an informal resolution have been exhausted and/or the inappropriate behaviour continues, you can formalise your concerns through the formal stages of the Grievance Policy. This should be submitted in writing outlining the grounds of the complaint to your manager (or a more senior manager where the concerns relate to your manager). On receipt of a formal complaint Stage 1 of the Grievance Procedure should be invoked.

Your manager should seek advice from a HR Business Partner at the earliest opportunity on receipt of a formal grievance.

At all stages of the formal Grievances Procedure, both the recipient and employee responsible for the perceived inappropriate behaviour, have the right to be accompanied by a companion, i.e., a recognised trade union representative or a work colleague.

13.2 Disciplinary Policy:

There will be occasions where the conduct being reported in accordance with this guidance will fall under the definitions of the Disciplinary Policy; Disciplinary Policy. This will be dependent on the seriousness of the matter and the nature of the concerns. Your manager should seek advice from a HR Business Partner on a case-by-case basis.

Such behaviour may lead to disciplinary action up to and including dismissal if it is committed:

• in a work situation.
• during any situation related to work such as at a social event with colleagues.
• against a colleague or other person connected to the employer outside of a work situation, including on social media, or
• against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role.

Aggravating factors such as abuse of power by a more senior colleague will be considered in deciding what disciplinary action to take.

14. Third party harassment

A third-party refers to someone who a worker interacts with as part of their job but who is not employed by the Authority.

Some examples are:

• Resident – such as a visitor to a contact centre or Hwb.
• Service user – such as in a home to care for them.
• Business contact – such as in a meeting or at a conference.
• Any non-directly employed staff, such as contractors, consultants or agency workers.
• Parents interacting with staff employed by an Authority school.

Third party harassment may result in legal liability and will not be tolerated.

You are encouraged to report any incident of third party harassment to your line manager in the first instance and log formally using the Authority’s accident, incident and near miss reporting procedures.

Managers are advised to take proactive and reasonable preventative steps in anticipation of potential harassment by third parties. For example:

• External communication sharing the Authority’s policy on third party harassment corporately or in advance of engaging with third-party groups, e.g. public consultation meetings.
• Display highly visible signage that is easily noticed by third parties stating a zero-tolerance policy of any form of third-party harassment where appropriate.
• Use recorded messages at the beginning of telephone calls setting out the behaviour expected towards workers and what steps will be taken in the event of inappropriate behaviour.
• Review lone worker procedures and risk assessments for the team considering third party harassment as a distinct risk.
• Take appropriate follow up action in the event of a third-party harassment incident seeking advice from People Management Business Partners, (Human Resources, Learning & Development and/or Occupational Health, Safety & Wellbeing) as appropriate.

15. Malicious complaints

On occasion, it may be considered that the concerns raised are made maliciously or grossly exaggerated, with no basis in fact, and/or are purely an attempt to damage a colleague in some way. Your manager handling the concerns will need to consider the appropriate course of action following advice from a HR Business Partner. The Disciplinary Procedure may be invoked in this situation, however:

• workers will not be subjected to disciplinary action or to any other detriment simply because their complaint is not upheld, and
• workers will only face disciplinary action if it is found both that the allegation is false and made in bad faith (that is, without an honest truth in its belief).

16. Ensuring equality of opportunity

If you require this publication in an alternative format, please contact People, Digital and Policy by emailing CHR@carmarthenshire.gov.uk (or alternative team mailbox as appropriate).

Appendix 1 - Definitions

Bullying
Definition
Bullying can be defined as “offensive, intimidating, malicious, insulting or humiliating behaviour, abuse of power or authority which attempts to undermine an individual or group of employees and which may cause them to suffer stress”.

Harassment
Definition
It is difficult to specify an exact definition of harassment. However, in general terms, it is a range of behaviour that is unwanted, demeaning or offensive to the person against whom it is directed which has the intention or effect of violating the dignity of that person or creating an environment which is intimidating, hostile, degrading, humiliating or offensive. The behaviour displayed will vary according to the type of harassment that is taking place. This can be based on:

Age
Ridicule or demeaning behaviour based on stereotypical perceptions and prejudices about a person’s age or experience.

Disability
Undignified treatment, ridicule or exclusion of people because of their disability, actual or perceived vulnerability or actual/perceived reduction in independence.

Race
An act or a series of actions directed at a person or group of people because of their colour, race, nationality, ethnic origin, or cultural differences. It can range from creating an uncomfortable or unpleasant atmosphere to physical abuse.

Religion or Belief
Socially unacceptable behaviour which fails to tolerate or acknowledge the rights or needs of individuals with different religious convictions, beliefs, and practices.

Gender
Unwanted or derogatory comments based on stereotypical perceptions and prejudices.

Sexual Harassment
Unwanted conduct of a sexual nature, such as unwelcome sexual advances (either physical or verbal), propositions, offensive flirtation, innuendoes, lewd comments, leering and whistling, or display of suggestive or pornographic material.

Personal Characteristics/Choices
Behaviour which condemns or ridicules based on personal attributes or lifestyle.

Sexual/Romantic Orientation
Behaviour which condemns or ridicules a person’s sexual attraction to other people, or lack thereof. Along with romantic orientation, this forms a person’s orientation identity.

Gender reassignment, gender identity and gender expression
Behaviour which condemns, ridicules, or excludes persons as a consequence of gender reassignment, their gender identity and gender expression.

This list is neither exclusive nor exhaustive.

Examples of sexual orientation and gender identity/expression-based bullying and harassment include:

• making homophobic, bi-phobic, trans-phobic insults and threats.
• making unnecessary and degrading references to an individual’s sexual/romantic orientation and gender identity/expression.
• engaging in banter or making jokes which are degrading to a person’s sexual orientation, perceived sexual/romantic orientation or gender identity/expression. outing an individual as LGBTQ+ without their permission.
• ignoring or excluding a colleague from activities because they are LGBTQ+.
• spreading rumours or gossip about an individual’s sexual orientation or gender expression/identity.
• asking an LGBTQ+ colleague intrusive questions about their private life.
• making assumptions and judgements about a colleague based on their sexual/romantic orientation or gender expression/identity.
• using religious belief to justify sexual/romantic orientation or gender identity/expression-based bullying and harassment.
• denial that bisexuality is a genuine sexual orientation, or of negative stereotypes about people who are bisexual (such as the beliefs that they are promiscuous or dishonest). Bi is an umbrella term used to describe an emotional, romantic and/or sexual orientation towards more than one gender.(Bi people may describe themselves using one or more of a wide variety of terms, including, but not limited to, bisexual, pan, bi-curious, queer, and other non-monosexual and non-mono romantic identities).

An LGBTQ+ employee who has been targeted because of their sexual/romantic orientation may be reluctant to inform a colleague or their manager if they are concerned about confidentiality, labelling or further victimisation. If an employee feels unable to report the incident to their manager in the first instance, they can contact a HR Business Partner or trade union representative in confidence.

In addition, from October 2010 the Equality Act stipulates that harassment also includes the following:

Harassment based on association. It is unlawful to discriminate against or harass any individual for association with another individual who has a protected characteristic (other than marriage and civil partnership, and pregnancy and maternity). For example, it would be harassment for an individual to tease repeatedly an individual because of an incorrect belief that that the recipient is deaf. Similarly, harassment could take place where an individual is bullied or harassed because of another person with whom the individual is connected or associated, for example their child is disabled, their partner is pregnant, or their friend is a devout Christian.

Harassment based on a perception. It is unlawful to discriminate against or harass any individual based on a perception that they have a particular protected characteristic (other than marriage and civil partnership, and pregnancy and maternity) when they do not, in fact, have the protected characteristic. If an employee is called names and made fun of because their colleagues believe that they are transgender, they may have a claim for perceptive harassment related to the protected characteristic of gender reassignment (we include gender identity and gender expression within this definition), even though they are not a trans person.

Bullying or harassing behaviours are not governed by position or authority. Clearly there are similarities between bullying and harassment, however, there is also a vital distinction, which is, that harassment has its roots in discrimination.

Appendix 2 - Managing Performance

The Authority expects all its managers to apply the principles of its Performance Management Framework consistently across the whole organisation to ensure the effective delivery of high-quality public services.

A key responsibility of all managers is to lead, engage and support their team to meet agreed performance objectives through the appraisal / supervision framework.

However, there will be occasions where through this process a manager identifies an individual employee that is under performing and in this situation the Authority expects the manager to effectively manage and support the employee appropriately to improve.

Under performance that is not addressed has a detrimental impact on service delivery and the workload and morale of other employees.

The information outlined below is an extract from the Chartered Institute of Personnel and Development which helps to illustrate the difference between positive management and bullying. The Authority expects its managers to positively manage under performance.

This specifically refers to performance in teams but can equally be applied in relation to individuals.

Positive management and bullying

Often those accused of bullying find it difficult to recognise themselves as behaving in a bullying or aggressive way. Conversely, some managers are concerned about tackling poor performance and being accused of bullying.

When line managers find themselves having to deal with an underperforming team, part of their role is to motivate the team to perform more effectively. The process of bringing about changes in how teams work usually involves a number of areas, including setting standards, identifying and dealing with errors and mistakes, greater flexibility of roles, changing priorities and reducing unreasonable expenditure.

If these changes are introduced and managed correctly, they can bring about the necessary business improvements with little or no employee distress. However, if the line manager handles change poorly, accusations of bullying can occur.
Differences between positive management and bullying when managing poorly performing teams:

Appendix 3 - Informal Ways of Resolving Conflict

1. Direct communication

If your discussions seem to be “stuck” try another way. For example, if the person isn’t answering your phone messages, try email or a face-to-face conversation. If oral conversations are going around in circles, try including another person to facilitate, or write a letter.

2. Explaining the impact on yourself

One way to improve respect when having a difficult discussion is to use “I statements” rather than “you statements” that is explaining how you feel and what you want rather than interpreting or judging what the other party did or second-guessing the other party’s motives.

A variation on this approach is to explain:

When you…. I feel…. Is this what you intended?

That is, you explain as factually as possible how you reacted to what the other person(s) has said or done (or not done), and then explain how you feel this has impacted on your working relationship. You can then ask the other person to respond.

The other person(s) might acknowledge that their intention was indeed to create more distance between you. On the other hand, they might recognise this was an unintended outcome of what they did and begin a discussion of how to change their communication style and improve your relationship in the future.

3. Writing a letter

Putting your thoughts in writing can be very helpful to clarify your own thoughts and to think about what you want to say and how you want to say it to the other person—who can read the letter and reflect on its contents in privacy and without the pressure of having to give you an instant response.

A letter should have 3 parts:

a. The facts as you perceive them – with no interpretations or opinions. What an audiotape or videotape would record.
b. Your feelings or reactions. The impact, the difficulties or hurt that now exist.
c. The remedies you propose. What you think should happen next, your ideas for constructive next steps, or future “ground rules.”

Sometimes it is helpful to write a letter even if you don’t give it to the other person(s). It may help you to understand your feelings and identify your priorities, and it may also serve as a “script” for what you want to emphasize when you talk directly with the other party.

4. Asking an impartial third party to facilitate

Sometimes it is helpful to involve someone independent and impartial to support communication between you and the person you may be having trouble with and help you resolve your concerns constructively. This could be your line manager, a trade union representative or a HR Business Partner who can use their skills to facilitate between individuals on an informal basis. Confidentiality must be maintained by all parties involved in the process.

Appendix 4 - Managing Conflict

A Guide for Managers

Managing conflict between individuals

1. Have a quiet word

In many disputes between individuals there is a clear transition from an informal to a formal stage in the conflict.

The informal stage often involves simply talking, and listening, to your employees. Giving people the time and space to express their feelings and concerns can often help to clear the air.

Employees also need to know:

• that they can approach you if they have a problem at work.
• that you will listen take their concerns seriously; and
• who they can approach if they find it difficult to discuss their concerns with you, e.g. HR.

It helps if you can foster a culture within your team that encourages employees to express their opinions and work out solutions.

2. Investigate informally

Don't make quick decisions based on a 'gut feeling' about what is going on. Take the time to talk to team members, colleagues and gather any relevant information about those involved. For example, you may need to speak to HR for advice or a colleague or supervisor may be aware of any personal problems affecting an employee's performance.

Also, be clear about your role in resolving the conflict and what you hope to achieve. Most people involved in conflict will have their own ideas about what they would like to happen, but what would be a reasonable outcome for everyone?

3. Use the Authority’s internal procedures

If an employee makes an official complaint to you then the conflict has moved towards a more formal stage. If this happens you need to refer to the Authority’s Grievance Policy when dealing with grievances, bullying or harassment – as well as the Disciplinary Policy for misconduct, Capability Policy for poor performance and Sickness Absence Policy. There are also separate procedures for dealing with collective disputes.

4. Upgrade your skills as a manager

Having one-to-one conversations with employees and other managers requires a great deal of sensitivity and empathy. You need to:

• listen to what employees say and try and pick up on any underlying causes of unhappiness or stress.
• question employees in a measured and calm way, putting them at ease and giving them the chance to speak freely.
• reframe what's been said so that problems can be seen in a different light.
• build teams by making connections between the interests of the individual and that of the team, your department, or the Authority.
• lead by example and set the right tone for the way people communicate with each other in your team and ensure that there is respect for diversity (see the Authority’s Equality and Diversity Policy and make sure your team is aware of it too).

Training and development can help you keep up to date with current employment matters and keep your management skills up to date. Look at the Authority’s Learning and Development Policy and seek advice from your Corporate Learning and Development Advisor.

There are also a range of training and development opportunities for your team if you have concerns about team dynamics, etc and the Learning and Development team will be able to give advice.

5. Consider getting help

Managing conflict between employees is often about understanding the perceptions one person has of the other. Perception is the process of interpreting the information that we gather about other people – through listening, talking, observing and general interaction.

Dealing with these perceptions can sometimes test your people management skills to the limit. You may need special training – or the skills of an outside party – to successfully manage conflict. In these circumstances you can seek advice from HR who can support you in identifying techniques for helping managers to explore their own solutions to work based challenges and the corporate learning and development team who can advise you on the support available to develop your skill, knowledge and understanding of conflict management.

Appendix 5 - Standards of behaviour key contacts

If you would like to discuss your concerns in the first instance you can contact the following:

Human Resources

Please contact cehrduty@carmarthenshire.gov.uk

Occupational Health
Please contact Occupational Health reception on 01267 246060 or Ext: 6060 or email OccupationalHealth@carmarthenshire.gov.uk

Learning and Development
Please contact Learning and Development Business Support on 01267 246176 or Ext:6171 or email LearningandDevelopment@carmarthenshire.gov.uk 

Trade Unions

Unison – Debbie Gough, Branch Secretary, Debbie.gough@unisoncarms.co.uk or unisoncarms1@btconnect.com 01267 852013.

GMB – Jonathan James, Branch Secretary, email JWJames@carmarthenshire.gov.uk or Tel: 07581 334769.

Unite – Brian Harries, Branch Secretary, email BVHarries@carmarthenshire.gov.uk or Tel: 07718 925787.