Dignity Integrity - Houses of the Oireachtas Commission
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March 2019
Integrity
Dignity
Respect
Mediation
Workplace
Houses of the Oireachtas Commission
Dignity and Respect Statement
of Principles and Policy
Dignity and Respect Statement of Principles and Policy
Houses of the Oireachtas Commission
Dignity and Respect Statement of Principles and Policy
1
Foreword
The Houses of the Oireachtas Commission, as the governing body which oversees the delivery of services to the
Houses of the Oireachtas, their Members and members of the public has unanimously agreed to adopt common
standards to ensure that all those working in the Houses of the Oireachtas are treated with dignity and respect.
The Commission is committed to ensuring that safety and equality are to the forefront of our values, and that
bullying, harassment, and sexual harassment will not be tolerated in any form.
The Houses of the Oireachtas Commission will support and oversee the implementation of this Statement of
Principles and we will ensure that it is adequately resourced. The Dignity and Respect Statement of Principles and
Policy will be evaluated and reviewed after a period of operation and a report will be sent to the Commission with
recommended improvements as required.
I am pleased that, throughout the consultation process, the Dignity and Respect Statement of Principles and Policy
have won broad support from the political parties and groups and from staff representatives and, in particular, I
appreciate the contributions from the Members Dignity and Respect Forum, the Party Administrators/Group Co-
Dignity and Respect Statement of Principles and Policy
ordinators Forum and the Women’s Caucus. These Principles will form common standards throughout our
Parliament to promote and maintain a respectful and positive workplace.
Seán Ó Fearghaíl, T.D.
Ceann ComhairleDignity and Respect Statement of Principles and Policy
Introduction
2
The Houses of the Oireachtas Commission approved the Dignity and Respect Policy
Dignity and Respect Statement of Principles and Policy on
The Dignity and Respect Policy provides a standard
2nd October 2018 following consultation with the Political
policy and resolution procedures which the Members
Parties/groups/staff representatives for implementation
and Political Parties as employers shall adopt to ensure
by the end of 2018. The final published version of the
that their procedures for dealing with any issues arising
policy was approved by the Commission on 5th March
under the Dignity and Respect Statement of Principles and
2019 on completion of the implementation arrangements.
Policy comply with relevant legal and standard codes of
practice. There are many employers in the Houses of the
Dignity and Respect Oireachtas (the Oireachtas Service, Members and Political
Parties) who have obligations to take reasonable steps to
Statement of Principles
ensure that the work environment is free of bullying,
The Dignity and Respect Statement of Principles sets the harassment or sexual harassment and to deal with
standards of respect, dignity, safety and equality that established complaints of bullying in the workplace. The
apply to everyone in the Parliamentary Community – policy is based on the Health and Safety Authority’s Code
Dignity and Respect Statement of Principles and Policy
Members of the Houses, the staff employed by Members of Practice for Employers and Employees on the Prevention
and by Political Parties, interns and those on work and Resolution of Bullying at Work 2007 and the Equality
placements, political correspondents working in the Authority’s Code of Practice on Sexual Harassment and
Houses and the staff of the Houses of the Oireachtas Harassment at Work. These procedures ensure that a
Service (the “Oireachtas Service”). The principles apply in person who has a concern knows who to contact so that
the Parliamentary Workplace, which includes Leinster they will be supported and assisted in seeking resolution
through trained staff, mediation and supports.
House and its environs, constituency offices, meetings,
conferences, training events, official travel, and work- While Members have a particular commitment to
related social occasions, provided there is a sufficient link uphold the highest standards of behaviour, as public
with the work of the Member and his/her employees. representatives, they can also be vulnerable to vexatious
These principles build on the standards of behaviour in the claims. The principles of natural justice and fair procedures
codes of conduct and value statements of the Houses underpin the culture of dignity and respect in the workplace
of the Oireachtas, the Political Parties and the Oireachtas and will apply to everyone.
Service to prevent bullying, harassment and sexual
All Members and Political Parties, as employers, will
harassment in the parliamentary workplace.
be asked to sign a form to confirm receipt of Dignity
and Respect Statement of Principles and Policy and
to confirm their agreement to:
n adopt the policy;
n assign a Complaint Recipient to handle
any complaints received;
n implement any recommended actions
or sanctions arising from any stage of the resolution
procedures.Dignity and Respect Statement of Principles and Policy
The Civil Service Dignity at Work Policy 2015 continues
to apply to all Civil Service staff of the Houses of the
Oireachtas Service. This policy also complies with the
Health and Safety Authority’s Code of Practice for
Employers and Employees on the Prevention and
Resolution of Bullying at Work 2007 and the Equality 3
Authority’s Code of Practice on Sexual Harassment and
Harassment at Work. The Dignity and Respect Statement
of Principles and Policy will be circulated to office staff
as a link on the Plinth.
Employers of contractors and political correspondents
working in the Parliamentary Community will be circulated
with the Dignity and Respect Statement of Principles and
Policy, which states that they are required to have
procedures for their employees that comply with the
Health and Safety Authority’s Code of Practice for
Employers and Employees on the Prevention and
Resolution of Bullying at Work 2007 and the Equality
Authority’s Code of Practice on Sexual Harassment
and Harassment at Work.
Dignity and Respect Statement of Principles and Policy
Monitoring and Evaluation
The Dignity and Respect Statement of Principles and Policy
will be evaluated and reviewed after a period of operation
and a report will be sent to the Commission with
recommended improvements as required.
Statistics on the number of complaints received and
processed under the policy will be provided by Complaint
Recipients to Members HR as part of evaluation of the
policy.Dignity and Respect Statement of Principles and Policy
Dignity and Respect Statement of Principles
Working for the People of Ireland in a Safe Parliament for Everyone
4
The Principles All Political Parties and Members, as employers of Political
Staff, must take reasonably practicable steps to prevent
Everyone in the Houses of the Oireachtas strongly supports
bullying, harassment or sexual harassment in the
a culture of dignity and respect in the Parliamentary
workplace, to reverse the effects of it, and to prevent its
Workplace, in which bullying, harassment and sexual
recurrence. The Civil Service Code of Standards and
harassment are totally unacceptable forms of behaviour.
Behaviour, the Oireachtas Service Code for Working
The “Parliamentary Workplace” includes Leinster Together and the Code for Working with Members set
House and its environs, constituency offices, meetings, out the values and behaviours that staff of the Oireachtas
conferences, training events, official travel, and work- Service must meet to maintain a positive working
related social occasions, provided there is a sufficient link environment.
with the work of the Member and his/her employees.
By adopting these principles, each individual will
The purpose of these principles is not simply to prevent
demonstrate that dignity and respect are to the forefront of
unwanted behaviour in the workplace but to encourage
their values.
best practice and a safe and harmonious workplace where
Dignity and Respect Statement of Principles and Policy
such behaviour is unlikely to occur. Everyone in the Parliamentary Community will:
These principles apply to everyone working in the n Always act with integrity and uphold our public
“Parliamentary Community”, that is, Members of the service values in working for the People of Ireland.
Houses, the staff employed by Members and Political n Prevent bullying, harassment and sexual
Parties, interns and those on work placements, political harassment in the Parliamentary Workplace
correspondents working in the Houses and the staff of and commit to working together in a safe,
the Houses of the Oireachtas Service. harmonious workplace where such
behaviours are not acceptable.
While Parliament is not unique with respect to issues
of bullying, harassment and sexual harassment, elected n Take the time to learn and understand
Members should be held to the highest standard of the behaviours that can constitute bullying,
behaviour due to the role of Parliament in society. In harassment and sexual harassment and how these
politics there must be a high level of tolerance for debate behaviours impact on others.
and argument, over and above what would be considered n Lead by example and take personal responsibility
acceptable within the workplace. However, the same to ensure that bullying, harassment and sexual
tolerance cannot be applied to politicians’ treatment of harassment are not tolerated in any form, as each
staff and employees, who should have the same right to person has a responsibility to report any instance
respectful treatment as any other employees. Members that they witness or that comes to their attention.
must therefore conduct themselves to the highest ethical n Have positive, courteous working relationships
standards in accordance with the provisions and spirit of with each other, respecting the value of our
their Codes of Conduct. respective roles.Dignity and Respect Statement of Principles and Policy
n Encourage and model respectful communication, Each Political Party and Member, in their role
particularly when managing conflict or challenge in as an employer, will ensure that:
a busy work environment. n All Political Staff are aware of their responsibility to
n Be respectful when engaging with others behave in a way that upholds a culture of dignity
through social media, text messages and and respect and are aware of the behaviours that
5
email communications. can constitute bullying, harassment and sexual
n Be advocates for diversity and inclusion and harassment.
take steps required to prevent discrimination n All Political Staff are aware of the Dignity and
and harassment on equality grounds. Respect Helpline, which acts as the Designated
Contact Person. The Designated Contact Person
The Houses of the Oireachtas Commission, provides advice on how to resolve a concern
as the Governing Body of the Houses of the
and the supports available.
Oireachtas, will:
n A Complaint Recipient is nominated by the
n Promote the Dignity and Respect Statement of
Party/Member to handle complaints and
Principles and ensure that all Members, Political
initiate resolution procedures. A nominee may
Parties and employees are aware of standards
be provided from the Members’ HR Unit to act
expected to prevent bullying, harassment or sexual
as Complaint Recipient for some Members and
harassment in the Houses of the Oireachtas.
Political Parties.
n Promote the Dignity and Respect Policy and
n Resolution mechanisms in their employment
Dignity and Respect Statement of Principles and Policy
encourage and keep under review the policy’s
comply with the Dignity and Respect Policy.
adoption by Members and Political Parties to seek
n All employees, including new employees, will be
to ensure that issues arising in relation to dignity
given a copy of the Dignity and Respect Statement
and respect are dealt with in a manner that
of Principles and Policy so that they are aware of
complies with the relevant legal and standard
the commitments therein and the procedures to be
codes of practice.
followed if they wish to raise a concern.
n Provide resources to support the effective
n In view of the potential for serious personal
implementation of the Dignity and Respect
consequences to an individual arising from
Statement of Principles and Policy.
harassment, particularly sexual harassment,
Members should ensure that they and their staff
attend at least one information seminar on the
Dignity and Respect Policy in order to prevent
incidents by highlighting the seriousness of
such complaints.Dignity and Respect Statement of Principles and Policy
The Oireachtas Service, in its role as employer, Others working in the Parliamentary Workplace:
will ensure that:
Political correspondents, contractors and those on
n All staff of the Oireachtas Service are aware of their work placements/interns should be aware of their
responsibility to behave in a way that upholds a responsibility to behave in a way that upholds a culture
culture of dignity and respect and are aware of the of dignity and respect and to prevent bullying, harassment
6
behaviours that can constitute bullying, and sexual harassment. They should also be able to raise a
harassment and sexual harassment under the Civil concern either with their employer or with the Course
Service Dignity at Work Policy 2015, Our Code for Director if these principles are not met.
Working Together and the Guidelines for Working
with Members.
n All staff of the Oireachtas Service are aware
that the Personnel Officer is the contact for civil
servants employed by the Houses of the Oireachtas
Service under the Civil Service Dignity at Work
Policy 2015 and that this policy sets out the
resolution procedures for complaints that may
arise when an issue is between civil servants.
n The Dignity and Respect Policy is adopted by the
Oireachtas Service and complaints by staff of the
Dignity and Respect Statement of Principles and Policy
Oireachtas Service against Members or Political
Staff are handled using these procedures. All staff
of the Oireachtas Service will be made aware that
the Personnel Officer is the Complaint Recipient for
staff of the Oireachtas Service for the purposes of
the Dignity and Respect Policy and will refer the
matter to the relevant party or employer.
n Staff of the Oireachtas Service are made aware
that, whilst the Personnel Officer is the contact for
the Dignity at Work Policy 2015, they may access
the Dignity and Respect Helpline to raise a concern
or issue.
n All staff of the Oireachtas Service are aware that
complaints by Members or Political Staff against
civil servants will continue to be handled under the
Dignity at Work Policy 2015 procedures.
n Training for staff of the Oireachtas Service on
the Civil Service Dignity at Work Policy 2015 will
include information on the commitments under the
Dignity and Respect Statement of Principles and
Policy.Dignity and Respect Statement of Principles and Policy
Support Services for the Implementation
of the Statement of Principles
7
Information Seminars and Training Workplace Support Programme
To support the implementation of the Dignity and The Workplace Support Programme (currently provided by
Respect Statement of Principles and to prevent Inspire Workplaces) provides a Workplace Support
unwanted behaviours in the Parliamentary Workplace, it is Programme for Members, their staff, and the staff
important everyone in the Parliamentary Community of Political Parties. The services provided under the
understands how they can contribute to maintaining a Programme include a secure and confidential telephone
positive working environment. Information seminars helpline, telephone and face-to-face counselling sessions
will take place periodically for Members, Political Staff and to a maximum of 6 counselling sessions per case, and
staff of the Oireachtas Service to provide information and a dedicated website/online support system providing
skills in dealing with others respectfully and in raising topical health and well-being information.
awareness of the role of every person in contributing to Members, their staff and Political Staff can call the
a healthy and positive working environment. confidential helpline any time for free, confidential and
Training will also be provided for all those in the role immediate support at 1800 201 346. The dedicated
Dignity and Respect Statement of Principles and Policy
of Complaint Recipient. website/online support is available at
www.inspirewellbeing.ie/workplaces.
Support services for Members, Dignity and Respect Helpline
Political Parties and Political Staff A Dignity and Respect Helpline service will be available
The Members’ HR Unit – Information to Members, Political Parties and their staff, and this will
and Services for Members in their role act as the Designated Contact Person for the Dignity and
Respect Policy. The Dignity and Respect Helpline will be
as employers
a first point of contact for anyone experiencing issues
The Members’ HR Unit is the point of contact for Members,
relating to bullying, harassment or sexual harassment.
Party Administrators and Groups regarding information or
resources such as training or mediation services. The The Dignity and Respect Helpline will be available Monday
Members’ HR Unit supports Members in their role as to Friday from 9 a.m. to 5 p.m. to provide information and
employers including the provision of payroll administration, support on a confidential basis to anyone who wishes to
template contracts and information on the roles and raise a concern under the Dignity and Respect Policy. An
responsibilities of Members as employers. The Employers email address will also be provided to enable individuals
Guide to Human Resource (2016) provides guidance for to make initial contact electronically. Those operating the
Members on managing the human resources aspect of Helpline will either provide information or advice directly
their role, on meeting their obligations as an employer and to the caller or arrange for a same-day callback.
on promoting good people management.
Dignity and Respect Helpline
Members’ HR Unit: ext. 3273 – hrmembers@oireachtas.ie. Tel: 1800 313 638,
Email: dignityandrespect@healthassured.co.ukDignity and Respect Statement of Principles and Policy
Mediation Services Support Services for staff
It is best practice to seek early and informal resolution of the Oireachtas Service
of complaints and issues within the work environment
Personnel Officer, HR Unit
between the parties involved where possible, facilitated
by the Political Party or the Member as employer. If it is not The Personnel Officer of the HR Unit is the contact for staff
8 of the Oireachtas Service for information on the Dignity
possible to achieve informal resolution between parties,
the Members’ HR Unit may arrange for mediation through and Respect Statement of Principles and Policy and the
an independent mediation service available to Members, Civil Service Dignity at Work Policy 2015.
Political Parties and groups to assist in conflict resolution
in the workplace. This is a voluntary, confidential process Employee Assistance Service
that allows both parties to resolve their conflict in a
for staff of the Oireachtas Service
mutually agreeable way with the help of a neutral mediator.
The Employee Assistance Officers are trained personnel
Mediation focuses on the interests or needs of the parties
who are available to offer confidential support and
and on solutions, not on determining or assigning blame.
guidance to staff of the Oireachtas Service who may
It can be used to achieve early intervention and resolution
be experiencing personal and/or work-related difficulties.
of workplace conflict under this policy. Its fundamental
The Houses of the Oireachtas Service Employee Assistance
objective is to resolve issues speedily and confidentially
Officer (EAO) is Deirdre Farrell and her contact details are
without recourse to formal investigation and with a
as follows:
minimum of conflict and distress for the parties involved.
Dignity and Respect Statement of Principles and Policy
Note that it may not be appropriate and reasonable to Deirdre Farrell
apply mediation in cases of serious bullying, harassment CSEAS
or sexual harassment. If both parties agree to resolve the 4th Floor St. Stephen’s Green House
issue by mediation, the Party Administrator or Members’ Earlsfort Terrace
HR Unit can arrange a mediation process. Dublin 2
D02 PH42
Union Supports Tel: 0761 000037
SIPTU (Services, Industrial, Professional and Technical Mobile: 086 8384358
Union) – Jane Boushell: 1890 747881 is the SIPTU Union Email: Deirdre.farrell@per.gov.ie
official who represents staff employed under the Scheme
The central telephone number and email address for the
for Secretarial Assistance in the Houses of the Oireachtas.
Civil Service Employee Assistance Service (CSEAS) is as
follows:
Tel: 0761 000 030 (on-duty EAO available 9 a.m. to 5.45
p.m. Monday to Thursday and 9 a.m. to 5.15 p.m. Friday,
except Bank Holidays)
Email: cseas@per.gov.ie
Website: www.cseas.per.gov.ie.Dignity and Respect Statement of Principles and Policy
Civil Service Mediation Services
The Civil & Public Service Mediation Service (CPSMS)
offers a free mediation service to current employees of civil
and public service organisations. The panel of mediators
operating the service are serving civil and public servants,
9
professionally trained, accredited to and bound by the
Code of Ethics and Practice of the Mediators’ Institute of
Ireland and acting as a shared resource within
Departments, Offices, Local Authorities and Agencies. This
service can be accessed by contacting the Personnel
Officer.
Dignity and Respect Statement of Principles and PolicyDignity and Respect Statement of Principles and Policy
Houses of the Oireachtas Dignity And Respect Policy
For Members, Political Parties and the Political Staff
10
A. Introduction and n The Safety, Health and Welfare at Work Act 2005 (as
amended) provides that employers have a duty to
Scope of the Policy
prevent any improper conduct or behaviour which
The Dignity and Respect Statement of Principles applies to is likely to put the safety, health and welfare of
all working in the Parliamentary Workplace. employees at risk. It obliges Members and Political
Parties as employers to ensure that reasonable
This Dignity and Respect Policy is available to Members
steps are taken to ensure a work environment free
and Political Parties as employers to adopt to ensure that
of bullying, harassment or sexual harassment. This
procedures for dealing with any issues arising under the
includes developing an anti-bullying policy, and
Dignity and Respect Statement of Principles comply with
dealing with established complaints of bullying in
relevant legal and standard codes of practice.
the workplace. It is recommended that in fulfilling
As employers, Members and Political Parties have these obligations, Members and Political Parties
particular legal responsibilities to protect their employees ensure that they and their staff are fully informed
from bullying, harassment and sexual harassment. of the policy and procedures and arrange to attend
Dignity and Respect Statement of Principles and Policy
This Dignity and Respect Policy complies with all relevant an information seminar on these procedures.
legislation and Codes of Practice, summarised as follows:1 Employers are also required to deal with complaints
n The Employment Equality Acts 1998 to 2015 as a priority issue.
place an obligation on all employers in Ireland n The Employment Equality Act 1998 (Code of Practice)
to prevent harassment and sexual harassment (Harassment) Order 2012 (S.I. No. 208 of 2012)
in the workplace. Harassment on any of the contains a number of obligations for employers,
following grounds – gender, civil status, family such as ensuring that policies and procedures are
status, sexual orientation, religion, age, disability, in place and are accessible to staff and ensuring
race or membership of the Traveller Community – is that natural justice and impartiality are adhered to
a form of discrimination in relation to conditions of during investigations. It also sets out an obligation
employment. for employers to take reasonably practicable steps
to prevent bullying, harassment or sexual
harassment in the workplace, to reverse the effects
of it, and to take reasonable steps to prevent its
recurrence.
1 Up to and including September 2018. While care has been taken in
the production of this document, those intending to use the template
should make themselves fully aware of the legal requirement and the
meaning of the clauses, and where necessary take specialist advice.Dignity and Respect Statement of Principles and Policy
The resolution procedures of the Dignity and Respect
Respondent Policy to be applied
Policy, once adopted by a Member or Political Party,
Complaint against a Dignity and Respect
apply to staff of the Member or Political Party who work
Member of the Houses of Policy
in the Parliamentary Workplace. The Parliamentary the Oireachtas or Political
Workplace includes Leinster House and its environs, Staff member
constituency offices, meetings, conferences, training Complaint against staff of Dignity at Work 2015
11
events, official travel, and work-related social occasions the Oireachtas Service
provided there is a sufficient link with the work of the Complaint against a The Policy of the
Member and his/her employees. non-employee such as a Employer of the
contractor/political contractor/
correspondent political correspondent
Staff employed by a Member or Political Party
(“Political Staff ”) for the purposes of this policy
Issues relating to security in Leinster House should
include typical workers (i.e. full-time employees)
be notified to the Superintendent of the Houses,
and atypical workers including part-time workers,
or the Head Usher. Criminal allegations should be reported
temporary workers, fixed-term workers, casual and
to An Garda Síochána.
seasonal workers. Provisions in this policy which refer
to an “employee” shall also apply, where the context
requires, to any person working with the Member as listed
B. Objectives of the Policy
above.
Everyone in the Houses of the Oireachtas strongly supports
The procedures of the Civil Service Dignity at Work
Dignity and Respect Statement of Principles and Policy
a culture of dignity and respect in the Parliamentary
Policy 2015 continue to apply to the conduct of staff Workplace, in which bullying, harassment and sexual
of the Oireachtas Service. harassment are totally unacceptable forms of behaviour.
Members and Political Parties, in adopting this Policy,
There are many employers in the Parliamentary Community
confirm their commitment to encouraging and maintaining
and each employer is obliged to have a policy to deal with
a positive and welcoming working environment in which
established complaints of bullying in the workplace. All
all those working within the Parliamentary Community are
complaints will be dealt with under the policy that applies
treated with equality, dignity and respect.
to the subject of the complaint (“the Respondent”). Where
a complaint is against a non-employee, such as a contractor No bullying, harassment or sexual harassment will be
or political correspondent, the complaint should be made tolerated in the Parliamentary Workplace. In accordance
to the Respondent’s employer. The complaint should also with these values, the Member or Political Party expects
be notified to the employer of the person making the that all employees will conduct themselves with normal
complaint (“the Complainant”) as the employer has a duty standards of courtesy and consideration in the workplace,
to their own staff to provide a safe working environment. at work-related events, and when undertaking business on
Bullying, harassment or sexual harassment by non- behalf of the Member.
employees may result in suspension/non-renewal of
services, exclusion from the premises or the imposition of
other appropriate sanctions or referral to other appropriate
bodies.Dignity and Respect Statement of Principles and Policy
Complaints of bullying, harassment or sexual harassment C. Definitions and Interpretation
will be dealt with under this policy in a formal or informal
The definitions and the types of behaviours that constitute
manner, or by alternative means, as described below.
bullying, harassment and sexual harassment are set out in
Complaints of bullying, harassment or sexual harassment legislation and are also available on the Health and Safety
12 will be treated with fairness, sensitivity and (as far Authority website. They are copied below for ease of use of
as possible) confidentiality for all parties concerned. this policy.
Any person accused of bullying, harassment or sexual
harassment will be afforded natural justice and treated
1. Bullying
with fairness and sensitivity.
Bullying at work is defined as repeated inappropriate
Everyone carries a personal responsibility for their behaviour, direct or indirect, whether verbal, physical or
own behaviour and for ensuring that their conduct otherwise, conducted by one or more persons against
is in accordance with the Dignity and Respect Statement of another or others, at the place of work and/or in the course
Principles and Policy. In addition, each person has of employment, which could reasonably be regarded as
a responsibility to report any instance of bullying, undermining the individual’s right to dignity at work.
harassment or sexual harassment that they witness or that
comes to their attention. An isolated incident of the type of behaviour contemplated
by this definition may be an affront to dignity, but as a
The Member or Political Party is committed to ensuring once-off incident, it is not considered to be bullying.
that all employees or other persons in the workplace are
Dignity and Respect Statement of Principles and Policy
aware of the procedures for making complaints under this A key characteristic of bullying is that it usually takes place
policy and that no individual should feel threatened or over a period of time. It is regular and persistent
fearful of raising such issues in the work environment. inappropriate behaviour which is specifically targeted
at one employee or a group of employees. It may be
perpetrated by someone in a position of authority, by
employees against a more senior member of staff, or
by employees at the same level.
The following is a non-exhaustive list of examples of types
of behaviour that may constitute bullying:
n Verbal: personal insults, demeaning remarks,
regular humiliation, often in front of others,
nicknames, ridicule, threats;
n Non-verbal or indirect: exclusion with negative
consequences, hostile attitude, spreading
malicious rumours;Dignity and Respect Statement of Principles and Policy
n Abuse of power: regular, excessive and The following is a non-exhaustive list of examples of types
inappropriate criticism, deliberately and of behaviour that may constitute harassment:
maliciously withholding work-related information n Verbal harassment: jokes, comments, ridicule
in order to undermine a colleague, repeatedly or songs;
manipulating a person’s job content and targets
n Written harassment: emails, text messages,
without due cause; 13
notices, or comments on social media;
n Physical: aggressive behaviour, physical
n Physical harassment: jostling, shoving, or any form
intimidation, unwelcome physical contact up to and
of assault;
including assault;
n Intimidating harassment: gestures, posturing
n Communication technology: insulting texts,
or threatening poses;
emails, derogatory comments on social media.
n Visual displays such as posters, emblems
or badges;
2. Harassment n Isolation or exclusion from social activities.
Harassment is any form of conduct or behaviour which
is unwanted, unwelcome, and is intimidating, offensive,
3. Sexual Harassment
hostile or degrading to the recipient and which has the
purpose or effect of violating a person’s dignity on any one Sexual harassment is any form of unwanted verbal, non-
of the following grounds: verbal or physical conduct of a sexual nature which has the
purpose or effect of violating a person’s dignity and/or
Dignity and Respect Statement of Principles and Policy
n Gender
creating an intimidating, hostile, degrading, humiliating or
n Civil Status
offensive environment for the person.
n Family Status
Sexual harassment may consist of a single incident,
n Sexual Orientation
or repeated inappropriate behaviour.
n Religion
n Disability The following is a non-exhaustive list of examples of types
of behaviour that may constitute sexual harassment:
n Age
n Physical conduct of a sexual nature: unwanted
n Race
physical conduct such as unnecessary touching,
n Membership of the Travelling Community.
patting or pinching or brushing against
Harassment may be targeted at one employee or a group of an employee’s body, assault, and coercive
employees. Harassment may consist of repeated sexual intercourse.
inappropriate behaviour or, unlike bullying, could involve n Verbal conduct of a sexual nature: unwelcome
one isolated or single incident. Harassment includes sexual advances, propositions or pressure for
situations where the victim does not fall under the relevant sexual activity, continued suggestions for social
ground, but the harasser believes that the victim has that activity outside the work place after it has been
characteristic. made clear that such suggestions are unwelcome,
unwelcome or offensive flirtations, suggestive
remarks, innuendos, or lewd comments.Dignity and Respect Statement of Principles and Policy
n Gender-based conduct: including conduct 7. Statutory Redress
that denigrates or ridicules or is intimidating
This policy is in compliance with the relevant legislation and
or physically abusive of an employee because of
Codes of Practice and is designed to support employees in
his or her sex such as derogatory or degrading
the resolution of complaints of bullying, harassment or
abuse or insults which are gender-related.
sexual harassment. However, it does not prevent
14
employees from exercising statutory entitlements under
4. Intention the Industrial Relations Acts 1946 to 2015, or the
Employment Equality Acts 1998 to 2015.
Bullying and harassment and sexual harassment are
defined by the impact of the behaviour on the recipient Complaints under the Employment Equality Act must
rather than the intention of the perpetrator. The effect of normally be brought within 6 months of the most recent
the behaviour on the employee concerned is the relevant act of discrimination. If a complaint is referred to the
consideration, not the intention of the perpetrator. It is up Workplace Relations Commission (WRC) it will be assigned
to the employee to decide what behaviour is unwelcome to an Adjudication Officer who will investigate the
irrespective of the attitude of others to the matter. complaint by reference to the specific legislation.
Contact details for the Workplace Relations Commission
5. Management of Performance are as follows:
It is the responsibility of managers and employers
Adjudication Service
to manage performance effectively to achieve goals.
Workplace Relations Commission,
Dignity and Respect Statement of Principles and Policy
Reasonable and essential discipline arising from the good
Lansdowne House
management of an employee’s performance at work does
Lansdowne Road
not amount to bullying or harassment. Fair, honest, and
Dublin 4
constructive criticism of an employee’s performance,
D04 A3A8
conduct or attendance imparted in a reasonable manner
Tel: 01 6313380
does not constitute bullying or harassment.
6. General Disputes
It is acknowledged that occasionally there may be disputes
or disagreements between people working together
which, although they can evoke strong feelings and result
in a difficult working environment, may not match the
definitions of bullying, harassment or sexual harassment
as outlined above. While these disputes do not fall within
the parameters of this policy, parties may seek to resolve
issues by using mediation or facilitation.Dignity and Respect Statement of Principles and Policy
D. Dignity and Respect Helpline E. Support and Assistance
The Dignity and Respect Helpline is the Designated Contact from the Workplace
Person for anyone who has a concern under the Dignity Support Programme
and Respect Policy. The Dignity and Respect Helpline is Given the often personal nature of bullying,
available to advise on: harassment or sexual harassment, it is fully recognised 15
n The policy applicable to a Complainant; that individuals may wish to discuss concerns in total
n The behaviours that can constitute bullying, confidence in a safe environment, and with someone
harassment and sexual harassment. A Helpline who is not involved in the situation.
advisor will use the Self-Audit Checklist
An independent service, the Workplace Support
(at Appendix A) as a tool for the Complainant
Programme, provided by Inspire Workplaces, provides a
to consider;
workplace support programme for Members, their staff,
n The supports available to a Complainant, such as and the staff of Political Parties. The services provided
the Workplace Support Programme and mediation under the programme include a secure and confidential
services; and telephone helpline, telephone and face-to-face counselling
n Information on the complaint process and how sessions to a maximum of 6 counselling sessions per case,
to contact the Complaint Recipient to initiate and a dedicated website/online support system providing
resolution procedures. topical health and well-being information.
Advice provided by the Dignity and Respect Helpline The Workplace Support Programme offers support and
Dignity and Respect Statement of Principles and Policy
is provided in the strictest confidence. assistance in a wide range of circumstances, including
instances in which people feel they are suffering stress
The staff employed to operate the Dignity and Respect
and/or distress as a result of bullying, harassment
Helpline are appropriately trained and are available to
or sexual harassment in the workplace or as a result
provide advice as set out above. Helpline staff have a
of a complaint made against them.
listening brief; they do not get involved in any other
way in the complaints procedure and do not act as Utilising the services of the Workplace Support Programme
an advocate for either party. will support and assist individuals in confidently raising
concerns with the Member or person complained of in
Speaking with the Dignity and Respect Helpline is not
order to resolve the issue quickly and with a minimum of
the same as making an informal or formal complaint.
distress. You can call the confidential helpline any time for
The Dignity and Respect Helpline aims to provide support
free, confidential and immediate support at 1800 201 346
and assistance and to ensure that individuals have all the
[24/7 365 days a year]. The dedicated website/online
information and advice they need should they wish to
support is available at www.inspirewellbeing.ie/
progress complaints on either an informal or a formal
workplaces. Please contact the Members’ HR Unit for login
basis.
details and password.
Dignity and Respect Helpline
Tel: 1800 313 638
Email: dignityandrespect@healthassured.co.ukDignity and Respect Statement of Principles and Policy
F. Resolution Procedures Complaints made under these procedures (whether informal,
formal or otherwise), should be raised with the Complaint
An employee who believes they are being bullied, harassed
Recipient as soon as possible but no later than six months
or sexually harassed should, where possible, indicate
after the most recent event(s), unless there are extenuating
directly to the person complained of that the behaviour in
circumstances that can be taken into consideration.
16 question is unacceptable.
If the employee believes that approach is not acceptable 1. Resolving the Problem
or has been unsuccessful, they should contact the Dignity
with Mediation
and Respect Helpline for advice on how to seek resolution.
Mediation is an alternative method of resolving issues
Following that, if they wish to make a complaint, they relating to bullying, harassment and sexual harassment. In
should contact the Complaint Recipient nominated by the mediation, the parties seek to arrive at a solution through
Member or Political Party as their employer. The Member/ mutual agreement, rather than through an investigation or
Political Party will have nominated a Complaint Recipient decision. It can be used to achieve early intervention and
who has had appropriate training and who is familiar with resolution for any workplace conflict under this policy. Its
the procedures involved to deal with the complaint on fundamental objective is to resolve issues speedily and
behalf of the employer. A nominee may be provided from confidentially without recourse to formal investigation and
the Members’ HR Unit to act as Complaint Recipient for with a minimum of conflict and distress for the parties
independent Members and small Political Parties. The involved.
Dignity and Respect Helpline will have the contact details
Dignity and Respect Statement of Principles and Policy
Mediation provides a confidential opportunity for both the
of the Complaint Recipients for each employer. There may
person who feels that they have been bullied, harassed or
be particular circumstances in which a person can request
sexually harassed and the person accused of carrying out this
to use the Members’ HR Unit as Complaint Recipient to
inappropriate behaviour to discuss the matter and to reach
make a complaint and to draw down external investigation
an agreement on their continuing working relationship. It is a
services, where they can demonstrate that party
voluntary and independent process which cannot be imposed
procedures would be inappropriate for their particular
on the parties. It can only take place if both parties agree to
case.
participate and it can end at any stage if either party decides
The Complaint Recipient will deal with the complaint to withdraw from the process.
and initiate resolution procedures e.g. drawing down
Mediation is available at every step of the process through
mediation services through the Members’ HR Unit or
an independent mediation service procured by the
assigning a facilitator or investigator. The Complaint
Members’ HR Unit. If both parties agree to resolve the
Recipient may provide a facilitator or investigator
issue by mediation, the Member/Party/Complaint
through the Political Party, or where appropriate, draw
Recipient will contact the Houses of the Oireachtas
down such services through the Members’ HR Unit.
Members’ HR Unit to arrange the mediation process.
A complaint may be resolved by:
If the mediation process results in an agreement acceptable
1. Mediation (available at all stages to the parties),
to both parties, the mediator will draw up a written record
2. The Informal Resolution Procedure, or of the terms of the agreement for signature by both parties.
3. The Formal Complaint Procedure.
If the matter is resolved by mediation, no further action will
be taken.Dignity and Respect Statement of Principles and Policy
2. The Informal Resolution Procedure Procedure To Be Followed
An employee who believes they are being bullied, harassed Any facilitator assigned to resolve a complaint informally
or sexually harassed should, where possible, indicate under this policy will get to the facts, consider the context
directly to the person complained of that the behaviour in of the complaint and recommend the next course of action
question is unacceptable. If the employee believes that in dealing with the informal procedure. 17
this approach is not acceptable or has been unsuccessful, (a) Where specific examples are given
the employee may then make an informal complaint.
If the complaint concerns bullying, harassment or
It is the preferred approach that complaints of bullying, sexual harassment and includes specific examples
harassment or sexual harassment are dealt with informally of the behaviour complained of, the person
whenever possible. The informal approach does not complained against will be presented with
propose to diminish the issue or the effect on individuals. the complaint and given a chance to respond.
Rather, the objective of the informal procedure is to allow After the response is received (or a reasonable
scope for resolving issues quickly, effectively and with a period as advised by the facilitator has elapsed
minimum of distress to parties. without a response having been received) a
method will be agreed to progress the issue to
Informal resolution of a specific bullying allegation
resolution so that both parties can return to a
could include, for example, clarification of what bullying is,
harmonious working environment without bullying,
agreement to alter verbal style, agreement by the
harassment or sexual harassment being a factor.
Respondent that the conduct will not be repeated, or
Dignity and Respect Statement of Principles and Policy
If the behaviour complained of does not concern
an explanation to the Complainant of what occurred
bullying, harassment or sexual harassment as
from the point of view of the Respondent which
defined, an alternative approach will be put
dispels the complaint.
in place and a rationale recorded.
It is preferable that an informal complaint is made in writing
(b) Where no specific examples are given
but it may also be verbal.
If no specific examples are provided, there is
The informal complaint should be made to the Complaint
no complaint to be answered under this policy,
Recipient, who will arrange for a facilitator to manage the
though other means of protecting or repairing
informal resolution procedure. The Complaint Recipient
workplace relationships may be considered by
will also notify the person against whom the complaint is
the facilitator to resolve the complaint.
being made (the “Respondent”) of the existence of the
complaint and of the steps being taken to resolve the The facilitator assigned to resolve the complaint will keep
complaint. a record of all stages: the complaint, the meetings, the
action agreed and the signed records of any agreement
reached. The purpose of the records, which will not include
detail of discussions, is to provide evidence that the
complaint was dealt with in an appropriate manner.
All parties will maintain, insofar as possible, the
confidentiality of the informal process. Breaches
of confidentiality will be treated seriously.Dignity and Respect Statement of Principles and Policy
Resolution In all situations the independent investigator will be
tasked with carrying out a thorough investigation of the
The primary aim of using the Informal Resolution Procedure
complaint and providing a written report to the Complaint
is not to determine whether an actual violation of the
Recipient.
Dignity at Work Statement of Principles and Policy has
18 occurred, but rather, in a non-confrontational way, to
Investigation Procedure
attempt to restore a working relationship between the
parties such that the matter of concern can be resolved The investigator will conduct the investigation in line with
to the satisfaction of both parties. fair procedures, natural justice and prevailing law.
Any investigation conducted under this procedure will
be governed by Terms of Reference which will be provided
3. The Formal Complaint Procedure
to the person making the complaint (the “Complainant”)
In cases where an employee believes the Informal
and the Respondent by the investigator. The Terms of
Resolution Procedure or Mediation is not a suitable means
Reference will include the following provisions at a
of addressing his or her concern, or where the employee
minimum:
believes that their previous recourse to the Informal
n That the investigation will be conducted
Resolution Procedure or Mediation has been unsatisfactory,
in accordance with this policy;
the employee may make a formal complaint of bullying,
n An indicative timeframe for the completion
harassment or sexual harassment.
of the investigation;
Formal complaints should be made in writing and signed
n The scope of the investigation;
Dignity and Respect Statement of Principles and Policy
and dated. The complaint should be confined to precise
n That the investigation will take account of the rights
details of alleged incidents of bullying, harassment or
of the parties including adherence to natural/
sexual harassment, including the dates of such incidents
constitutional law rights and the principles of fair
and the names of any witnesses. Failure to provide such an
procedures. In this regard the investigator must
account of a formal complaint in writing may compromise
consider, depending on the severity of the case
the ability of the investigator to properly and appropriately
and the prevailing law at the time, whether the
investigate the complaint on a formal basis.
option of cross-examination of the Complainant
A Formal Complaint should be made to the Complaint should be made available to the Respondent and
Recipient, who will arrange for an independent investigator how this would be conducted in the interests of
to investigate the complaint pursuant to the Formal both parties. The investigator will also consider
Complaint Procedure. The Complaint Recipient will inform whether legal representation should be allowed
the person against whom the complaint is being made (the during the investigation process;
“Respondent”) of the existence of the complaint and that n The format and structure of the meetings and how
an investigator is to be appointed. A copy of the written the statements will be recorded and communicated
complaint received will be provided to the Respondent at to all parties; and
this time.
n That the investigator will be charged
to investigate whether the complaint, on the
balance of probabilities, has been upheld and
whether it falls within the definition of bullying,
harassment or sexual harassment at work as
defined in this policy.Dignity and Respect Statement of Principles and Policy
The investigator will provide the Respondent with a copy of Conclusion of Investigation
the written complaint and any relevant documents, including
The objectives of the investigation will be to ascertain
this policy. The Complainant and the Respondent will also
whether or not, on the balance of probabilities:
be informed by the investigator of the aims and objectives
(a) The behaviour complained of occurred and, if so,
of the formal process, procedures and methodology that
will be used, the timeframe involved, and the possible (b) Whether or not that behaviour amounted 19
outcomes. The Complainant and Respondent will be assured to bullying, harassment or sexual harassment
of support as required through the process. Failure by either as defined in this policy.
party to co-operate with the investigation will be taken into
The investigation will be completed as quickly as
account by the investigator in their findings.
practicable, preferably within the indicated time frame.
The investigator will meet with the Complainant and The investigator will submit a draft report to the
the Respondent and any witnesses or relevant persons, Complainant and the Respondent which will include
with a view to establishing the facts. conclusions. The Complainant and the Respondent will be
given an opportunity to make a final written submission on
n The Complainant and the Respondent will both
the content of the report prior to finalisation. Any
be entitled to be accompanied by an appropriate
observations in the final written submission by the
representative – i.e. a colleague, union
Complainant or the Respondent will be considered in the
representative or family member or in exceptional
final report. The final report will be provided to the
cases, legal representation if agreed by the
Complainant, Respondent and the Complaint Recipient
investigator based on the severity of the case.
Dignity and Respect Statement of Principles and Policy
who will arrange for next steps as detailed below.
n All meetings with parties and witnesses will be
conducted sensitively and with due respect to the Resolution Where the
rights of all concerned. Respondent is an Employee
n The investigation will be conducted on Action Where Complaint is Upheld
a confidential basis, insofar as possible. If a complaint is upheld, the matter will be treated
Statements from all parties and witnesses will be as a disciplinary issue and the employer will follow
committed to writing. Copies of the record of the appropriate disciplinary procedures in line with
statements will be given to those who make fair procedures and natural justice, consistent with
statements to the investigator and to the parties to the standards of the WRC Code of Practice for Grievance
the complaint. and Disciplinary Procedures (Code of Practice 5, August
All parties will maintain, insofar as possible, 2006), which appends S.I. 146 of 2000 – Industrial
the confidentiality of the process. Breaches Relations Act 1990 Code of Practice on Grievance and
of confidentiality will be treated seriously. Disciplinary Procedures (Declaration) Order 2000. The
Disciplinary Procedures followed by the employer should
During the Investigation include a mechanism for the Respondent to appeal the
outcome of an investigation and any sanctions proposed
All parties will continue to work normally during
by the employer under the Disciplinary Procedures.
the investigation unless directed otherwise. The employer
will make every effort to ensure the protection of all those The employer may also take other appropriate action
involved in the investigation. to support and protect the Complainant and/or to ensure
that similar situations do not arise in the future.
The parties to the complaint should not communicate
regarding the complaint.Dignity and Respect Statement of Principles and Policy
Action Where Complaint is Not Upheld The role of the External Adjudication Panel will be to:
If the complaint is not upheld but the Complainant is found 1. Consider any appeal by the Respondent, focusing
to have acted in good faith, the employer may on the aspect of the case cited by the appellant as
take measures to support both the Complainant and being the subject of the appeal, seeking
the Respondent. This will include the making of appropriate submissions from the complainant and respondent.
20
efforts to ensure that those with knowledge of the 2. Review the investigation procedure and determine
complaint are made aware of the finding that it was not whether:
upheld.
n The provisions of the Dignity and Respect
Where a complaint is not upheld and is found not to have Policy were followed.
been made in good faith, the Complainant may be the n That fair procedures were applied
subject of disciplinary action. The employer may follow throughout the investigation process.
the appropriate disciplinary procedures in line with fair n All relevant facts were ascertained.
procedures and natural justice and consistent with the
n All relevant facts were considered in a
standards of the WRC Code of Practice for Grievance and
reasonable manner.
Disciplinary Procedures (Code of Practice 5, August 2006).
n If there are any mitigating factors that
Where the Complainant is dissatisfied with the outcome of should be considered.
the findings of the investigation, it is open to them to
3. Review all documentation received, meeting the
appeal the matter to the Workplace Relations Commission
relevant parties, reporting on their conclusions
Dignity and Respect Statement of Principles and Policy
or the High Court.
and making recommendations on sanctions if the
Resolution Where the Respondent complaint is upheld.
is a Member of the Houses of the Oireachtas 4. The External Adjudication Panel can give examples
Action Where Complaint is Upheld (External Adjudication of specific sanctions that they recommend be
Panel) applied to the Member, including the issuing of a
formal apology, attendance at compulsory training,
Following the investigation of a complaint under the formal
or having it made public that a finding was made
complaint procedures, the Respondent can appeal either
against a Member (with consent of Complainant).
(1) the investigation procedure and / or (2) the findings of
the investigation where a complaint has been upheld The final report of the External Adjudication Panel will then
against them. Any appeal to the investigation findings be provided to the Complaint Recipient to facilitate the
shall be made in writing to the Complaint Recipient, citing implementation of the sanction. In the case of a member of
the specific grounds of appeal, and shall be made no later a political party, the Complaint Recipient will provide this
than 10 days from the date of receipt of the Investigation report to the Member, the Complainant and to the Party
Report. Whip to progress implementation of the recommended
sanctions and to the Chair of the Commission who will also
Following a period of 10 days from the date of receipt of the
be notified when the decision has been implemented. In
Investigation Report, whether an appeal has been lodged
the case of an Independent Member, the Complaint
or not, the Complaint Recipient will refer the matter to the
Recipient will provide this report to the Member and the
External Adjudication Panel. The Complaint Recipient will
Complainant for implementation of the recommended
forward a copy of the Final Report of the Investigator, a
sanctions and to the Chair of the Commission who will also
copy of any appeal made by the Respondent and any other
be notified when the decision has been implemented.
relevant documentation to the External Adjudication Panel.You can also read
