Investigations

Blue Tulip Training has conducted investigations into allegations of bullying and harassment for:

• Financial Institutions
• Voluntary Organisations
• Drug and Alcohol Related Organisations
• Local Authorities
• Primary Care Trusts
• Mental Health Trusts
• Commission for Race Equality (CRE)

Research Thesis:

Management of Sexual Harassment – Fantasy or Reality?

Snéha did her MSc in the Management of Human Resources at Brunel University.  Her dissertation focused on the ‘Management of Sexual Harassment, Reality or Fantasy?’  This research study explored the effects on women who had experienced sexual harassment at work, focusing on the long term professional and personal effects of the harassment.  The study also considered the beneficial or adverse impacts of the management process in dealing formally with the allegation of the harassment, identifying the most effective ways on managing the disciplinary process.

Trained Investigator into allegations of harassment and bullying.

As a result of this research and further training, Sneha qualified as a trained investigator and is now highly experienced in this field, undertaking investigations for a wide range of organisations into allegations of racism, sexism, disabilism or any other form of harassment/bullying at work. 

Sneha’s objective, impartial approach coupled with strong personal commitment to the various cases she has investigated has meant that investigations have been completed within a realistic time frame.  
The organisations concerned have valued this, as there are significant benefits, costs have been reduced and complaints are resolved more effectively.

Mediations

Blue Tulip Training can also conduct mediation sessions for organisations that have undergone an investigation process or who wish to resolve a formal complaint through mediation.  This route:

• encourages both parties to actively seek a solution to differences and agree effective ways of working together in the future
• helps restore a professional relationship and harmony between the two parties concerned
• Benefits
• enhanced, more effective working relationships between all parties
• improved communication
• an opportunity for each party to share their perspective and the other party to acknowledge this
• establishes boundaries of appropriate and reasonable behaviour
• clarifies management role, responsibility and accountability (if appropriate)
• mitigates the consequences of inappropriate behaviour on staff relations and service delivery
• builds self-confidence and self-esteem

Other work undertaken:

• Training and Support for Senior HR Staff and Harassment Advisors on
  • case management (of Bullying and Harassment), providing an opportunity for staff to share dilemmas / concerns and, through this process, identify sound and appropriate practice
  • training in-house investigators and Harassment Advisors
  • factors to consider when managing cases of bullying and harassment (at both informal and formal stages)

• Consultancy Support to Heads of Equality and Diversity and Senior Managers:
  • review of Dignity at Work Policy
  • support staff on responding to allegations of bullying and harassment effectively and within the policy / legislative frame

• Coaching Support to Race Equality Development Officers (Mental Health Trust):
  • identifying what is meant by race equality
  • sanctions if a staff member or patients behaves in a manner perceived as discriminatory
  • concept of 'fear' in exposing racism in the work place
  • developing strategies to support staff (and managers) in dealing effectively with racism

Sessions for HR Staff:

‘What if?’ scenarios – focusing on Bullying and Harassment.  The process includes:

• the concept of equality in relation to the statutory framework – Race Relations Amendment Act, Sex Discrimination Act, Religious and Belief Discrimination Act, Age Discrimination, Disability Discrimination Act, Sexual Orientation Act, and other relevant policies
• exploring how a particular behaviour can be deemed discriminatory as opposed to appropriate
• discussion of anxieties, concerns and dilemmas when dealing with informal and formal complaints of bullying and harassment
• developing strategies to support staff in dealing with issues of discrimination

Case Study

Claire is the only woman working in a sales team of 10. The team is considered successful with sales figures exceeding targets each month. Its a friendly team with jokes and banter shared amongst the group.  
Claire feels uncomfortable about some of the behaviour some men portray - in particular the sexist comments made about female staff members from other departments. The comments are often derogatory - "She could do with losing weight, she has big tits, her bum looks big today, I wonder what she is like in bed". The staff members are not aware of these comments made of them.

Although the team treat Claire with courtesy, she feels extremely awkward when some of the men would gather around a desk making sexist comments of the images in FHM and other men's magazines. They would often invite her to partake in these discussions. Some of the men have images of Jordan semi naked as a screen saver.
Claire loves her job, especially interacting with the customers and her sales figures are in the top three. She has excellent rapport with the team, however feels she is treated as 'one of the lads'. She is often introduced as one of the top three 'Salesmen' in our team. Claire resents that the men do not recognise her gender.

Her manager feels she is taking this too personally as the men do enjoy working with her.

For consideration

A survey conducted by insurance firm Hiscox suggests that staff laugh at sexist and racist jokes, and think nothing of participating in sexual banter. A poll of almost 800 managers and staff revealed an  'alarming disregard' for office behaviour. Hiscox said its study found that two-thirds of workers swear while more than one in three laughs at sexual innuendo, or regularly hears jokes of a racist or sexist nature. 

Even though most organisations have policies, and lets say Hiscox report is even partially correct, there would seem to be a big gap between having these carefully consulted policies and implementing into practice.  
Unacceptable behaviour in the workplace is only likely to be stopped if staff  clearly believe that such conduct will be punished. No employer would hesitate to take steps against an employee who took money from the till. Fundamentally should there be a difference in organisations taking action between an employee exposing their employer to financial risk to potentially causing undue distress to their colleagues?

Points for consideration:

• Inappropriate workplace banter may expose employers to liability for harassment.
• Liability may arise under the various forms of anti-discrimination legislation and the Protection from Harassment Act.
• Prevention requires not just the existence of Dignity at  Work polices but a clearly expressed intent to enforce them.
• Employers that become liable for acts of harassment may consider passing on the liability to the worker for whose acts they have been found liable.