We are committed to creating a safe working environment free from harassment, including sexual harassment, and bullying, where everyone is treated with dignity and respect. Every employee must take responsibility to ensure that your area of work is free from harassment.

Managers have a clear role in helping create a climate at work in which bullying and harassment are unacceptable and deal with dignity at work complaints as they arise.

On receipt of the complaint, if you consider that an informal approach may assist in resolving the situation, this should be discussed with the employee. Otherwise, the line manager (where you have not been involved in the complaint to date), or a more senior nominated manager will write to the complainant to arrange to meet them with a representative from Human Resources as appropriate/required. The employee has the right to be accompanied at this meeting by a work colleague or trade union representative.

At this meeting, the employee should be invited to explain the basis of their complaint which will be sensitively explored to determine: 

• Whether the complaint is appropriately dealt with under the Council's Dignity at Work Policy - when determining whether a matter may be considered a breach of Dignity at Work, an important factor to be considered is the perception held by the individual who is claiming to have been harassed, bullied or victimised and whether it was reasonable for them to hold that perception. 
• Whether all appropriate informal mechanisms to resolve the problem have been explored and the issue remains unresolved ie the inappropriate behaviour is continuing. 
• Whether a management intervention may resolve the matter eg by attempting to find a joint resolution between the parties through facilitated discussion led by an appropriate manager or a mediator. As an alternative, you may take the view that the matter may be resolved through training, clarity of roles etc. In that scenario you may recommend that it may be necessary for one, or both employees to be instructed/asked to undertake specific training. 
• Whether the matter requires to be fully investigated as a potential disciplinary matter as described below. 
• Whether the complaint links to potential prejudiced based harassment or sexual harassment. If it does, ensure that it has been appropriately recorded onto the EVOTIX Assure health & safety system. The system should be updated with the outcome, once an appropriate resolution has been reached.

This list is not exhaustive.

Where it is determined that remedial action may be required involving the individual being complained about or that a formal investigation is required, you should make the complainant aware that the other employee will be advised of their complaint. If the complainant wishes to remain anonymous, Human Resources can advise on the appropriate approach as required.

Where anonymous reports are received or where complaints are withdrawn, the Council may continue to investigate these concerns where appropriate. The ability to investigate and act may be restricted in these circumstances, and the Council will act with respect and empathy towards any person who has raised a concern but no longer wishes to be involved in the process.

Unless otherwise agreed, you should write to the employee within 5 working days of this meeting to confirm your decision in relation to the course of action to be adopted.  

Where the decision is taken that an investigation is appropriate due to a potential breach of the Dignity at Work Policy, an Investigating Officer will be assigned to explore the allegations. The investigation will be conducted in line with the Council's Disciplinary Policy.

The complainant will be advised, at the outset, that the allegations are being taken seriously. However, if they are found to be malicious or are unsubstantiated, disciplinary action may be considered against them.

Both parties should be advised of the support available to employees impacted by issues covered by the Dignity at Work Policy.

The Investigating Officer would submit a written report recommending the outcome to the relevant service manager. The manager will ultimately determine the outcome. The following are possible outcomes of the investigation:

• On the balance of probabilities there is a case to answer and therefore a disciplinary hearing is appropriate regarding the alleged harasser in line with the Disciplinary Policy.
• No case to answer therefore no further action.
• Both parties partially responsible therefore recommend support through training for one or both parties.
• Counselling and/or mediation.
• Complainer raised a vexatious claim and therefore should be subject to disciplinary proceedings. The outcome of any disciplinary proceedings is confidential and, as such, it would not be disclosed to the alleged harasser.
• Redeployment is required on the grounds of breakdown in the working relationship.

The outcome of any disciplinary proceedings is confidential and, as such, will not be disclosed to the complainant. The behaviour which caused the original concerns will be expected to stop and the complainant will be advised, in writing, in general terms whether their concerns were substantiated.  

Where an investigation relates to employees from separate service areas, further consultation is required with Human Resources to ensure that relevant parties are advised, as appropriate, of any required actions.

The complainant has the right to submit one appeal against the outcome of consideration of their complaint. This would be either:

• If they are not satisfied with the outcome of the preliminary meeting – in which case the appeal should be submitted within 10 working days of receipt of the outcome letter from the preliminary meeting, or
• If the complaint is investigated, and they feel dissatisfied with the conduct of the investigation or its outcome – in which case the appeal should be submitted within 10 working days of the outcome letter sent following the investigation.

Any such appeal will be considered in line with the appeals stage of the Council's Grievance Policy.

Where allegations are raised against service users, customers or pupils, this would be handled through our How to prevent and manage occupational violence and unacceptable actions guidance.

Where a complaint relates to the conduct of an Elected Member, it should be considered in the first instance by the Director (of the service in which the person making the complaint works). The Director should meet with the employee with a view to determining: 

• Whether the complaint is appropriately dealt with under this Policy; and
• Whether any of the informal mechanisms to resolve the problem are appropriate and whether the employee wishes to pursue these.    

If the Director determines that the complaint should be dealt under this Policy and either has further determined that the informal mechanisms are not appropriate or has determined that they would be appropriate, but the employee does not wish to pursue them, the Director will appoint a Chief Officer to conduct an investigation of the complaint.

The purpose of the investigation will be determined whether, on a balance of probabilities, the conduct complained of has taken place and whether this amounts to bullying, harassment or victimisation. In the event that the Chief Officer finds that there has been conduct in breach of the Policy, the Chief Officer's report will be referred to Council.

The Council will consider the appropriate action to be taken against the Elected Member and, in particular, whether a referral should be made to the Commissioner for Ethical Standards in Public Life in Scotland.