Behavioural Standards Guidance (Revised core values) - October 2024

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.