Grievance - Harassment

25.Grievance - Harassment

When addressing grievances relating to harassment in particular, consideration should be given to:

25.1. Potential misconduct issue

If the information gathered, when seeking a resolution to the complaint, is sufficient to reach a balanced judgement that harassment has taken place, the manager should seek advice from their manager/HR before initiating the disciplinary procedure.  If the matter becomes a disciplinary issue, then an investigation report from the grievance case can be used as part of the Disciplinary Procedure.

25.2. Views of the parties to the complaint

It may be considered appropriate to continue to deal with the harassment through the Grievance Procedure and consider measures such as mediation / guidance to resolve the complaint, particularly where either party has indicated their intention and willingness to resolve the complaint by mediation. 
 
25.3. Refusal to cooperate in trying to resolve the complaint. 

Where it is considered an employee is not willing to cooperate in helping to rebuild the working relationship, the employee should be reminded of their responsibilities under the Code of Conduct whereby they should maintain good relationships with colleagues.  

25.4. Multiple incidents complained of

If the employee refers to a series of incidents resulting in the most recent incident, then it may be more appropriate to cease the process under the Grievance Procedure and progress the issue complained about under the Council’s Disciplinary Procedure.  The manager should seek advice from their manager/HR prior to initiating. 

25.5. Harassment not found

If the manager does not find that harassment has taken place, a recommendation should be made to the relevant line managers to review the situation between the relevant employees over a period of time to check that effective working relationships are being met.