Fairness at work

The Fairness at Work Policy and Guidance replaced the 2009 Prevention of Bullying, Harassment and Victimisation at Work Policy.

The document is divided into two parts:

the Policy – defines the aims, scope, expected standards of behaviour, procedures and support available to assist in the resolution of workplace conflict
the Guidance – provides definitions, clarification, advice on intervention and procedure, forms and a flowchart to illustrate the process

Staff

Do you feel you are being treated unfairly?
Have you been accused of treating someone unfairly?

Talking to someone confidentially about the issues can help overcome feelings of isolation.

Managers/Designated Managers

Have you been approached by a member of staff regarding a complaint involving Fairness at Work?
Have you been asked to conduct an Investigation relating to Fairness at Work?

Members of staff who are concerned that they may be affected by any of the issues described in this Fairness at Work Policy can also seek support from:

Line managers or more senior managers
GPs - where the matter is having an adverse effect on their health they may wish to discuss the situation with their GP
Trade Union and Professional Organisation Representatives
Trusted parties of their own choice

Toolkits

Toolkits for both Staff and Managers/Designated Managers gather together resources relating to Fairness at Work and highlights key points.

Staff toolkit

Key Principle

Whenever reasonable the use of informal resolution of a Fairness at Work issue will be offered and encouraged as a way forward.

Litmus Test – think before you speak or act and consider:

Would you say or do this in front of your partner, children or parents?
Would you say or do this in front of a colleague of the same sex?
Would you like to see your behaviour reported in the local press?
Would you like a member of your family to be on the receiving end of behaviour the same as yours?

If you feel that you need to challenge someone else’s behaviour, it is important to remain calm and:

Describe the behaviour in neutral terms
Example – 'There have been occasions like the one this afternoon and last Tuesday when your voice was raised/very loud when you spoke to me in front of the others.'
Describe the effect on your performance
Example – 'This makes it difficult to concentrate on what’s being said/difficult to take part in things/difficult to do my job.'
Describe how you would like the behaviour to be different
Example – 'I would like / prefer to hear about feedback / have problems highlighted in a less public setting / in a less forceful way / in a quieter tone.'

Fairness at Work Standard

In this situation, you are acting in a respectful way and looking for the other person to respectfully listen to and consider what you are saying.

The desired outcome is that you both agree how things will be different in the future and put this into practice.

If in doubt, consult your line manager, Office of Human Resources or a contact officer.

See Fairness training and resources for additional information and guidance.

Manager toolkit

Key Principles

The Isle of Man Government accepts its duty of care to all its staff. Managers are responsible for assuring this and for applying the Minimum Standards (set out in Section 2.1.1) of the Fairness At Work Policy
A prompt response is essential when concerns are raised or when inappropriate behaviour is observed
Each situation involving behaviours at work is different – it is therefore necessary to consider each on a case-by-case basis to gain a full understanding of the problem
Managers should seek advice when this is needed – support for managers is available from different sources including the Office of Human Resources and a manager’s own line manager
In Isle of Man Government there is a positive duty upon all parties to try to resolve a dispute or disagreement, whenever it is reasonable to do so – therefore, whenever reasonable, methods of informal resolution of Fairness at Work issues will be offered and encouraged as a way forward
Use the 3 E's when dealing with difficult situations:
- Explore the issue by listening to what the person has to say in order to understand as best you can without inserting your own view or interpretation
- Encourage them to think about what could make a difference in order to find a way forward, engaging in this if you can
- Explain how you see things but always listen first so that you understand what you need to explain

Litmus Test that may be helpful when considering a complaint:

Would you say or do this in front of your partner, children or parents?
Would you say or do this in front of a colleague of the same sex?
Would you like to see your behaviour reported in the local press?
Would you like a member of your family to be on the receiving end of behaviour the same as yours?

Considering these questions may help you understand the problem better:

Are there any health issues – is Occupational Health support needed?
Are the behaviours about unclear standards – would standard setting help things improve?
Are the behaviours about conflict, relationship breakdown or misunderstanding – could mediation help?
Do issues need to be explored in order to agree an action plan – would a facilitated meeting be beneficial?
Are the behaviours about skills and development – would training or coaching be the answer?
Are the behaviours about conduct best addressed through discipline and the relevant Disciplinary Procedure?

Formal Complaints and Investigations

Refer to Appendix G for relevant information relating to Formal Complaints and Investigations
Key principles relating to Investigations:
- Investigations are not hearings
- Investigations will be confidential
- Members of staff may be accompanied

Materials to support investigations