LRD guides and handbook November 2012

Bullying and harassment at work - a guide for trade unionists

Chapter 6

Union activity tackling workplace harassment and bullying

In the TUC’s biennial Equality Audit conducted by LRD in 2009, well over half (61%) of unions told LRD that they had current policies or guidelines in place for negotiators on harassment and bullying policies. By the 2012 audit, 39% of unions reported having re-negotiated their policies to take account of the Equality Act 2010. Fifty-six per cent of unions now report having current guidance on harassment and bullying policies that refer to specific groups of worker.

More information: TUC Equality Audit, 2012, available to download at: www.tuc.org.uk/tucfiles/380/TUC_Equality_Audit_2012_AW.pdf

The Equality Act 2010 expanded the existing Public Sector Equality Duty. From April 2011, the Act extended the duty to consider race, disability and sex, to encompass the other equality strands: age, religion or belief, pregnancy and maternity, sexual orientation and gender reassignment. A number of unions, including the NUJ, CSP, the RMT and NASUWT, have produced comprehensive equality guides and user-friendly toolkits which cover bullying and harassment. In 2011, the TUC published its own TUC Guide to Equality Law.

Also in 2011 teachers’ union the NASUWT carried out research into the misuse of capability procedures in schools and colleges, examining the profile of capability/competency casework by gender, ethnicity, age and disability.

In 2011, the Home Office introduced a new policy banning staff from membership of hate groups, describing this as “incompatible with the work and values of the Home Office”. Similarly, the prison service now prohibits staff from being members of far right organisations such as the BNP.

The FBU has managed to negotiate similar commitments from a number of fire services and NASUWT has reported securing a commitment from the Secretary of State to produce a ban on members of far-right organisations working in education.

UNISON has produced new guidance for its branches together with an associated training course on Challenging Racism in the Workplace, promoting a three step plan that includes gathering information from BME members, evaluating that information, developing a branch action plan to tackle problems, and negotiating a solution with management. The union has also updated its fact sheet on LGB workers’ rights, including adopting a harassment policy that is sensitive as to whether or to whom LGB workers wish to “come out.”

UNISON has also produced detailed guidance on Working with HIV, setting out how to fight discrimination against people with HIV/Aids.

ASLEF has produced a very detailed guide, More than just a union, tackling bullying and harassment, including the related topic of victimisation. It gives many illustrations of incidents that would constitute harassment against different groups such as LGB workers and disabled workers, and explains what can be done to prevent or remedy it. The guide also includes a “best practice equality and harassment policy” which can be used by reps when negotiating harassment policies with their employers.

The RMT has also produced a model policy and procedure to help negotiators and a guide to representing or advising a member who is complaining of harassment or bullying.