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Formal action

Problems can often be resolved without recourse to formal procedures.

Should your attempts to address the issue informally prove unsuccessful, have a confidential discussion with a senior colleague you can trust or contact ATL for help. It will be useful to establish whether other colleagues are having similar problems; if so, you might consider taking collective action on the matter. 

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If you need to take formal action to put a stop to bullying, there are various strategies you can use, with help and support available from ATL.
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If you need to take formal action to put a stop to bullying, there are various strategies you can use, with help and support available from ATL. By suggesting alternative strategies and quiet diplomacy, ATL has helped many members deal with bullies. However, if the 'softly, softly' style does not work, a more formal approach may be needed.

 

Policies and procedures

Every school should have a policy and procedure to deal with issues arising from the bullying and harassment of staff. 

The policy and procedure will only be useful and effective if the staff know about, understand and, if necessary, use it. Schools must be encouraged to ensure that, once adopted, their policies and procedures are publicised, readily available, renewed regularly and accessible. Training on the contents of the policy ­ and refresher training ­ is also important and should form a part of any new member of staff's induction. 

This comprehensive approach promotes fairness and equality in the workplace. It is also a safeguard for schools that can be liable for the actions of their staff, even when they have no knowledge of their unlawful behaviour. By taking reasonable steps to prevent this behaviour ­ by promoting the policy, training, etc ­ the school can show that it took reasonable steps to prevent it. 

 

Your school's policy and procedure should: 

  • state that the complainant should set out their complaint formally and in writing
  • explain to whom the complaint should be made
  • state the time limits for dealing with each stage of the complaints process 
  • state that the employer should acknowledge receipt of the complaint in writing
  • state that the harasser should be given written notification of the complaint and should be given full details of the allegation (it is possible that the harasser may be an ATL member, and if so, the requirements of the ATL Code of Conduct should be taken into consideration)
  • contain a clear statement of how complaints will be investigated should be made
  • contain a statement about safeguards and fair treatment for both the victim and the alleged harasser throughout the process 
  • include a statement of the responsibilities of those conducting any investigation. 

Every school should have standards for handling the complaint and investigation including: 

  • making sure that there are written records of the investigation
  • ensuring all parties are fully informed of all the allegations against them
  • ensuring adequate time is given for both parties to prepare for meetings
  • enabling both parties to be represented at meetings or hearings
  • stating how the meeting is to be conducted and what procedure is to be followed. 

If the school operates a bullying and harassment policy and procedure that is separate from a disciplinary procedure, it must be clear which will take precedence. In almost all cases it is likely that the bullying and harassment procedure will take precedence and pending its completion, any disciplinary procedure should be suspended. Also:

  • the complaint should be fully investigated
  • the complaint should be heard as quickly as possible either by the senior management team or by an independent panel of governors with no previous involvement in the matter
  • the complainant and the alleged harasser should be given the opportunity to be represented by a colleague, by ATL or any other trade union
  • the complainant and alleged harasser should be informed of the outcome of an investigation as soon as it is complete
  • disciplinary action should be taken as quickly as possible after the completion of the investigation, if this is appropriate
  • consideration should be given to separating the parties to the complaint. If the decision is made to separate the parties then it is the harasser who should be moved, transferred or suspended and not the person who has been harassed
  • the employer must take steps to ensure that there is no further bullying or harassment and that the complainant is not victimised. 

The policy should make provision, where a properly conducted investigation has established that bullying has taken place, for the bullying to be treated as a disciplinary matter. If your school has such a policy, you may be able to make the case that the behaviour of the person bullying you constitutes professional misconduct. If there is no such policy, one way to take the issue forward is to invoke a grievance against the relevant individual or individuals. If your school does not have full contractual documents and/or a handbook with a specified disciplinary and grievance procedure, contact ATL if you are a member. 


You also have the statutory right to be accompanied by a colleague or trade union representative at disciplinary and grievance hearings.

 

Using the grievance procedure

ATL advises its members not to invoke grievance proceedings without first consulting your ATL rep, branch secretary or staff at ATL’s London, Belfast or Cardiff offices.

Whatever the outcome, tensions are likely to remain. ATL can provide support during this traumatic time, but the pressure on the person who has invoked the grievance can be intense. 

ATL therefore makes every effort to resolve matters without recourse to formal procedures. Some teachers fear the worst if management finds out that they have approached their union for advice. If this is worrying you, bear in mind that all employees have the right to join a union, that you do not have to disclose your union membership to your employer and that any discussion with ATL is confidential.

For full details please access ATL's comprehensive publication, Bullying at work.

 

Help and support

For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000), Belfast (028 9078 2020) or Edinburgh (0131 272 2748) offices or email info@atl.org.uk

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).

If you are not a member, join now.

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