Sometimes when mediation is not appropriate, it is necessary to follow an investigation process carried out by a trained, impartial professional. Whilst formal, we believe in using interactive listening skills, empathic reflection and sensitive questioning techniques to assist in reducing stress and anxiety during interviews.
Investigation case studies (identification has been withheld to protect individuals)
Case A
Allegations of harassment and inappropriate behaviour raised by two members of staff against their line manager.
In this instance, the complaint was divided into two aspects; behavioural and managerial. In many organisations, polices deal separately with these two issues; either using a discipline policy or a 'Dignity at work' policy. The complainants chose to raise their grievance using the organisation's bullying & harassment policy. This meant that whilst some parts of the allegations may not have been covered by the most appropriate policy, several aspects of management concerns were considered and measured.
After careful sifting of evidence; both verbal and written, Suzanne established some substance to the allegations raised. Contrary to popular belief, it is not necessary to have direct eye witnesses in cases of bullying or harassment but in this instance, there were several accounts of inappropriate behaviour recounted by witnesses in and outside of the work setting. Although, it was also clear that the respondent was unaware of the impact he was having on his work colleagues.
In any case of bullying, harassment, inappropriate behaviour, unfair treatment or discrimination it is not considered mitigation to say that the respondent didn't know or was unaware of his or her behaviour. Impact over intent is the primary consideration. The case was upheld.
Case B
Allegations of bullying and harassment raised by a new line manager (Miss J) against one of her staff (Mr P).
This was an unusual case insomuch that it is rare to encounter a line manager raising a complaint against a member of staff. In this complaint, the team member (Mr P) had unsuccessfully applied for promotion; the role was given to a candidate from another department. After which, Mr P brought an allegation of discrimination by his employers to an Employment Tribunal. In the meantime, Miss J decided that Mr P's behaviour was causing her several problems; including failure to co-operate, rudeness, disrespect and absence. Following failed attempts to seek assistance from her line management, she lodged a complaint.
Suzanne's remit was to establish whether or not bullying and/or harassment had occurred. This was done through conducting witness interviews and sensitive questioning techniques with all of the relevant team members as well as the line management chain. All of Mr P's team agreed he had behaved inappropriately and were concerned about his impact on team morale. The case was upheld.