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Item 8 - Appendix 1

West Dunbartonshire Council · 17 August 2022
Back to Corporate Services Committee — 17 August 2022 and its agenda

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1
HR Employment Policy & Procedures
Respect at Work Policy & Procedure
Implementation Date: September 2022
The behaviours outlined in the ACHIEVE Framework should
be reflected in the application of this Policy.
Appendix 1

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Document Management - Version Control
Policy Title &
Reference
Respect at Work
Policy and
Procedure 
HRP/034
Version Number &
Date 1 September 2022
Title, Version
Number & Date of
Superseded
Version (if
applicable) 
Rationale for
introduction/Driver
for change
To provide employees with a standalone policy
and process to raise any respect at work
concerns and separating this process from all but
the appeal processes of the Grievance Policy
and Procedure 
Summary of
Substantive
Changes (if
applicable)
Summary of
Technical Changes
(if applicable)
Lead Officer Strategic People & Change Manager
Final Trades Union
Position
Consultation &
Approval Process
Committee Date
Convenors
JCF (if applicable)
C. S. Committee (if
applicable)
Accompanying
Documentation
(incl. EIA)
Accompanying guidance for managers and
employees, as well as forms and template letters
Respect at Work Toolkit
EIA

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Linked Policy,
Schemes and
Procedures
Equality and Diversity in Employment
Grievance Policy and Procedure
Domestic Violence and Abuse Policy
Disciplinary Policy & Procedure
Communicating Effectively
Equally Safe at Work
Violence and Harassment Treaty

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Contents
Section Title Page Number
Respect at Work Policy 5 - 8
1 Introduction 5
2 Scope 5
3 Key Principles  6
4 Application of Policy and Procedure 6
5 Responsibilities 7
6 Scheme of Delegation 7
7 Right to be Represented/Accompanied at the
Formal Resolution Meetings
8
8 Review and Monitoring 8
Respect at Work Procedure 9 -13
1 Introduction 9
2 Informal Procedure 9
3 Formal Procedure 10
4 Appeal 12
Appendices 14 - 15
1 Timescales for Respect at Work 14
2 Scheme of Delegation 16

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Respect at Work Policy
1. INTRODUCTION
1.1 In line with West Dunbartonshire Council’s (WDC) People First Strategy,
people and good people practice are at the heart of the organisation and all
employees have a part to play in establishing and maintaining a culture of
respect at all levels. A positive, people centred culture underpins employee
wellbeing, is crucial to a positive working environment and an effective and
productive workforce.
1.2 The Respect at Work Policy adopts the principle and commitment of the
Violence and Harassment Treaty recognising “the right of everyone to a world
of work free from violence and harassment, including gender-based violence
and harassment”.
1.3 Along with the implementation of the Respect at Work Policy, WDC will
continue working towards the tiers identified on the Equally Safe at Work
accreditation programme, which supports Scottish Local Authorities to
progress gender equality in the workplace and prevent violence against
women. 
1.4 The Respect at Work Toolkit, which accompanies this policy and procedure
defines the mental, emotional and physical behaviour that is considered to be
unacceptable, namely bullying, harassment, discrimination and victimisation
and confirms what is considered unacceptable behaviour. It is recognised
these behaviours can have a significant impact on the mental and physical
health of our people and can negatively impact on team morale and
productivity which may bring a detrimental impact on service delivery. We will
not tolerate these behaviours in our workplace or in our communities. 
1.5 This policy and procedure sets out how to resolve any arising concerns
promptly and constructively. The Respect at Work Toolkit outlines the
standards of behaviour expected from everyone across the Council. The
toolkit also provides information and support for employees who need to raise
a concern and those who may have a concern raised against them.
2. SCOPE
2.1 This policy and procedure applies to Local Government Employees, Chief
Officers and Quasi-Craft workers.  
2.2 We recognise that there are situations where people work across two
organisations (e.g. WDC and the NHS).  Both employers have complimentary
policies which promote respect at work and a zero tolerance towards bullying,
harassment, discrimination, victimisation and violence in the workplace.
2.3 The standards of this policy and procedure are also applicable to workers and
contractors undertaking work for the Council and any concerns raised in

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relation to their behaviour will be addressed with the employing organisation.
Conversely the Council will address any concerns raised by the workers and
contracting organisations in relation to its’ own employees. 
2.4 The Council will ensure that good equal opportunities practice underpins the
operation of this policy and it will apply to all employees irrespective of age,
disability, gender re-assignment, marriage and civil partnership, pregnancy
and maternity, race, religion or belief, sex and sexual orientation.
2.5 Matters that are already being dealt with in line with other council policies (with
relevant appeals processes) will not be eligible for consideration under this
policy. This policy should not be used to revisit concerns that are already
being dealt with through another process with a separate complaint and
appeal procedure, e.g.
• Disciplinary Policy and Procedure
• Internal Disputes Resolution Procedure
• Grievance Policy and Procedure
• Supporting Employee Performance Policy and Procedure
3. KEY PRINCIPLES
3.1 West Dunbartonshire Council is committed to:
• Promoting an environment and ethos that supports all employees
enjoying and being entitled to respect at work;
• Promoting an environment that encourages and enables all employees
to be responsible and accountable for their actions and behaviours;
• A zero tolerance approach to bullying, harassment, discrimination and
victimisation;
• Providing a fair and consistent framework to enable employees to raise
concerns regarding respect at work;
• Seeking early resolution of these concerns through joint  working and
the adoption of appropriate tools including mediation thereby
developing enduring, productive and respectful workplace relationships;
• Adopting an approach that encourages all employee to develop self-
awareness and empathy
• Investigating respect at work concerns raised by employees;
• Providing a justified outcome to employees and taking appropriate
action; and
• Providing employees with the right of appeal.
4. APPLICATION OF POLICY AND PROCEDURE
4.1    This policy is aimed at resolving employee concerns  at the earliest possible
point related to bullying, harassment, discrimination or victimisation and may
dovetail as appropriate into other Council policies e.g. Disciplinary Policy.

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4.2 There will be times when an employee may have to be spoken to by their line
manager regarding their performance or conduct.  The expectation is that
such conversations will be handled in a supportive way with dignity and
respect. Legitimate, constructive and fair feedback will not be considered an
appropriate concern that can be progressed under this policy. More
information on this can be found in the accompanying toolkit.
4.3 This policy seeks to support employees in resolving matters informally in the
first instance, where it is appropriate to do so.  Situations can arise in the
workplace where harm is un-intentionally caused to employees by the actions
or behaviours of others and in order to secure a fair, just and restorative
outcome, those concerned can often benefit from open and honest
discussions to identify a mutually acceptable way forward, thereby preserving
productive and respectful relationships in the workplace.  
4.4 Regrettably there be may occasions when it is clear that harm caused by an
employee’s behaviours and/or actions is so significant that informal resolution
is not appropriate.  For instance,physically violent, threatening or bullying
behaviour is explicitly deemed gross misconduct in the Disciplinary Policy.
WDC has a zero tolerance approach to such behaviours. Therefore, any
concerns raised of this nature would move straight to the Disciplinary
Procedure.
5. RESPONSIBILITIES
5.1 In order to ensure the fair and consistent application of the policy and
procedure, all parties have responsibilities to:
• Adhere to the standards and procedure set out in the policy
• Raise concerns quickly and seek to resolve issues informally
• Co-operate in all attempts to resolve any matters
• Work in partnership throughout the Respect at Work Procedure to
achieve a positive outcome.
5.2 Human Resources (HR) will support managers by providing advice and
guidance on the application of the policy.
5.3 Trades Unions will work within the procedures set out in the policy to provide
support and guidance to their members.
5.4 Managers will keep a confidential file containing all relevant information. The
case file should include:-
• The written respect at work concerns (and any subsequent appeal
notifications)
• Meeting Invitation Letters
• Meeting Records (agreed and signed by the employee)
• Investigation Reports

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• Outcome Letters (including the rationale for decisions)
Managers are also responsible for implementing and monitoring any
recommended outcomes and formal action plans.
5.5 Respect at Work concerns will be treated with the highest degree of
confidentiality by everyone involved in the process. Records will be treated as
confidential and kept no longer than necessary in accordance with the Data
Protection Act 2018, GDPR and WDC’s Retention Schedule.
6. SCHEME OF DELEGATION
6.1 Chief Officers / HSCP Heads of Service have delegated responsibility for
ensuring the consistent application of the Respect at Work procedure within
their service areas. Note from time to time, a senior officer may be required to
consider cases from another service area.  Appendix 2 provides the Scheme
of Delegation which identifies the level of Officer authorised to deal with
Respect at Work Concerns at each stage.
7. RIGHT TO BE REPRESENTED/ACCOMPANIED AT FORMAL
RESOLUTION MEETINGS
7.1 Employees have the right to be accompanied at the formal resolution meeting
by a companion, who may be:
• a fellow worker
• a trade union representative who has been certified by their trade
union as being competent to accompany a worker
• an official employed by a trade union
7.2 Every effort should be made by the employee to ensure their chosen
companion is able to attend the scheduled meeting so that the meeting
can take place within a reasonable timescale. This may require the
employee to seek an alternative companion. If the companion cannot attend
on a proposed date, the employee can suggest an alternative date and time
so long as it is reasonable and is not more than 5 working days after the
original date.
7.3 The role of the companion is primarily to support the employee and they may
address the meeting on behalf of the employee, putting forward and summing
up the employee’s case, and to confer with the employee during the meeting. 
8. REVIEW AND MONITORING

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8.1 This Policy will be updated to incorporate any relevant legislative change or
best practice as required.

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Respect at Work Procedure
1. INTRODUCTION
1.1 This procedure outlines the process to be undertaken when dealing with
respect at work concerns,
1.2 Each stage of the respect at work procedure should be dealt with within the
timescales detailed at Appendix 1.
2. INFORMAL RESOLUTION
2.1 In most cases raising matters early is more likely to lead to a positive outcome
and employees are therefore encouraged to speak up and act on concerns as
they arise. In the first instance informal resolution is recommended however
informal resolutions rely on both parties being willing to engage in the
resolution process. Employees can raise and address respect at work
concerns informally in a number of ways.
2.2 Face to face discussion
We want people to feel able to raise issues informally in the first instance.
Anyone who has experienced unacceptable behaviour should, where they feel
able to, raise it with the other party informally at the earliest opportunity, giving
specific examples of the unwanted behaviour, explaining how this has made
them feel and what they would like to see change
The aim is for individuals to make it clear how this behaviour has affected
them, and for both parties to agree a constructive way of working together in
the future.  An informal discussion can be particularly useful in cases where
the other party is genuinely unaware of the effect of their behaviour.  In many
cases this direct and honest conversation is enough to resolve an issue.
2.3 Facilitated discussion
If employees do not feel able to approach the other party they should speak to
their line manager or a HR Adviser who can arrange a facilitated discussion
between both parties. In this discussion the facilitator will act in a neutral
capacity - their role is to prompt both parties to discuss the issue and agree a
constructive way forward.  This will be a confidential discussion between those
present only. The main concerns and agreed outcomes will be recorded for
the understanding of the parties involved only as this remains an informal
process
2.4 Raising concerns in writing

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Where employees do not feel able to speak to someone face to face they can
raise their concerns in writing, for example in a letter or an email.  The aim of
their message should be clear in terms of outlining what their concerns are,
how a person’s behaviour has affected them and how they would like to see
this change going forward.  This written message will be followed up with a
facilitated discussion with a facilitator to allow both parties to talk about the
concern and agree a way forward. Employees should speak to a line manager
or HR to arrange this. Any facilitated discussion can only be successful where
both parties are genuinely willing to engage with the process.
2.5 Mediation
Mediation can be very effective when dealing with incidents of bullying and
harassment.  Mediation is undertaken voluntarily with both parties agreeing to
participate.  It is particularly useful where there are issues with a working
relationship.  A trained mediator will facilitate discussions and guide the
participants to reach an agreed way forward e.g. to agree more productive
and appropriate ways of working together in the future.  Mediation can only be
successful where both parties are genuinely willing to engage with the
process.  Either party may suggest that mediation is undertaken at any stage
in the process. Where both parties agree to engage in mediation they should
contact Strategic HR to arrange this. 
3. FORMAL RESOLUTION
3.1    The formal resolution stage will usually be applied when either:
• An informal discussion has not resolved the issue (e.g. the other party denies
behaving inappropriately, does not change their behaviour or is unwilling to
engage in informal resolution options), or
• The alleged behaviour is so serious that it warrants moving straight to a formal
investigation (e.g. serious persistent bullying or incidents of discrimination).
Please note that incidents of physical abuse would be dealt with as a conduct
issue under the Disciplinary Policy & Procedure, rather than via the Respect at
Work Policy.  Note that individual cases considered under the respect at work
policy may also progress to disciplinary.
3.2 Employees should raise the matter with a Line Manager (either verbally or in
writing) outlining the alleged behaviour and its impact on them.  If the Line
Manager is the subject of the allegations, employees should raise the issue with
the next level of Line Manager. Any employees who feel they cannot do this for
any reason, should approach a HR Advisor.

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During the formal resolution process, dependent on the nature and
circumstances of the concerns raised and whether all parties are willing, it
may be more conducive to revert back to the informal process.
3.3 Formal Resolution Meeting
An appropriate and skilled manager (referred to as the Independent Manager)
will be appointed, by a Chief Officer/(HSCP) Head of Service or other
Nominated Manager, to meet with the employee(s) and carry out a formal
resolution meeting, supported by a member of the Strategic HR team. 
Employees are entitled to be accompanied during the formal resolution
meetings.  Where a situation involves a group of employees the independent
manager will speak to each of the people involved.   All parties will be advised
that if it transpires that there is evidence to suggest that inappropriate behaviour
or conduct has occurred, the matter may be taken forward under the Council’s
Disciplinary Policy & Procedure.
3.4 Formal Investigation
An Investigation will be carried out in line with the processes set out in WDC’s
Fact Finding Investigations Guidance by the Independent Manager. 
As part of this process there may be occasion when the Independent Manager
asks to meet with an individual(s) more than once, before concluding their
investigation, particularly when further allegations/information come to light. In
this case they will set out the specific additional allegations in writing and invite
the employee(s) to a further meeting where they have the right to be
accompanied by a colleague or trade union representative and will be given
every opportunity to respond to the allegations made.
Every effort will be made to complete the investigation as soon as possible after
a concern has been raised. Once the investigation process is concluded, the
Independent Manager will present their findings to the Chief Officer/(HSCP)
Head of Service or other Nominated Officer, who will make a decision as to
whether there is a disciplinary case to answer.
3.5 Possible Outcomes
There are a number of possible comes to the investigation process as outlined
below.
3.5.1 No evidence of inappropriate behaviour:
On reviewing the Independent Manager’s investigation report and

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findings, if no evidence is found of inappropriate conduct the Chief
Officer/(HSCP) Head of Service or other Nominated Officer will explain this
finding and the rationale for this conclusion to all parties.
3.5.2 Inappropriate conduct requiring action short of disciplinary
If evidence of inappropriate conduct is apparent and where the behaviour
needs to change but disciplinary action is not considered to be appropriate,
the Chief Officer/(HSCP) Head of Service or other Nominated Officer will meet
with the individual/s to discuss the outcomes and issue an Action Plan setting
out any expectations in relation to future actions, behaviour standards and
what needs to change.  This will be monitored by their line manager to ensure
that the issue does not recur.  Any further incidences of related inappropriate
behaviour are likely to lead to disciplinary action.
3.5.3 Evidence of inappropriate behaviour
Following the investigation if the Chief Officer/ (HSCP) Head of Service or
other Nominated Officer concludes there is evidence to suggest inappropriate
behaviour has occurred and that this behaviour would normally be in breach of
the Council’s Code of Conduct, they will advise all parties that the process will
then be taken forward under the Disciplinary Policy to be considered at a
Disciplinary hearing.  Full details of the Disciplinary Policy can be found here.
3.6 The Independent Manager will meet with those involved/all parties separately
to outline the findings of the investigation and where appropriate, the next
stages in the process and to advise what action, if any, has been
recommended to move forward, at a Formal Resolution Outcome meeting.
Where an investigation involves a group of people the Independent Manager
will address the behaviour of each individual separately.  
The Independent Manager will then write to all parties to confirm the outcome
and any actions or follow up agreed.  
4. APPEAL
4.1 The employee who raised a Respect at Work concern has a right to appeal
the outcome of the formal resolution within 10 working days of receiving the
outcome in writing. The purpose of the appeal is to determine whether the
formal resolution stage was followed correctly, and whether the outcome was
reasonable in all of the circumstances.
4.2 The appeal process will link to the Grievance Policy & Procedure at Stage 2.
The appeal must clearly state the grounds for the appeal.
4.3 In respect of the employee/s about whom the concern was raised, the right of
appeal in relation to the formal action plan issued will be considered through

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the Disciplinary Policy & Procedure at appeal stage and should be made
within 10 workings days of receiving the outcome in writing. The right of
appeal against formal disciplinary action is also available through the
Disciplinary Policy & Procedure.

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Appendix 1
TIMESCALES FOR RESPECT AT WORK PROCESS
It is important that, insofar as is possible, all parties should adhere to the required
time-scales set out in this Respect at Work Policy and Procedure, and in particular
that no party(ies) should cause there to be undue delay in any concerns being heard
at any stage(s) of the procedure.
Person Action Timescale (working
days) within:
INFORMAL PROCESS
Employee Raise a respect at work concern
informally
As soon as possible
Line Manager Respond to informal respect at
work concern
5 days
FORMAL PROCESS
Employee Raise the respect at work
concern formally
As soon as possible
Independent
Manager
Formal Resolution Meeting 10 days
Independent
Manager
Outcome of Formal Resolution
Meeting
28 days
Independent
Manager
Notification of outcome in writing 5 days
Employee If progressing to an Appeal As soon as possible
but within10 days
Appropriate
Manager
Stage 2 Grievance Procedure
https://intranet.west-
dunbarton.gov.uk/people-
technology/hr-online/core-
employment-
policies/grievance/#policy-and-
procedure
10 Days

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Appendix 2
SCHEME OF DELEGATION
AUTHORITY TO TAKE ACTION FOR RESPECTAT WORK RESOLUTION
MEETINGS
This list is for illustrative purposes and levels may be changed to reflect
structural arrangements.
End of Document
Level of Action Employees
Grade 1-8 and
Craft Workers
Section Head
Grades 9-10
Service Managers
Grades 11-12
Informal Line Manager Line Manager Line Manager
Formal
Resolution
Line Manager’s
Manager or
equivalent level
Manager
Line Manager’s
Manager or
equivalent level
Manager
Service Manager
Appeal Service Manager or
equivalent level
Manager or Chief
Officer / HSCP
Head of Service
Service Manager or
equivalent level
Manager or   Chief
Officer / HSCP
Head of Service
Service Manager or
equivalent level
Manager or   Chief
Officer / HSCP
Head of Service