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Bullying
1. Roles and Responsibilities
1.1 The Severn Deanery is responsible for managing postgraduate
education and training for doctors and dentists. It carries out this
responsibility in part through educational contracts with NHS Trusts
who employ doctors and dentists in training, and through the
consultants and other staff who train, supervise and work with them.
1.2 The management of training in specialist registrar programmes
is carried out by specialty training committees (Sacs) under the aegis
of the Deanery. STC chairs, programme directors and members act as
Deanery agents when they deal with trainees in programmes that span
more than one employer. PRHO and SHO training i managed on behalf of
the Deanery by the hospital postgraduate clinical tutors. Education
and training in general practice is carried out by GP trainers and
vocational training scheme (VTS) course organisers.
1.3 In addressing complaints of bullying or harassment the Deanery
must be mindful of the complex relationships between employers,
trainers, trainees and the Deanery. Due consideration must be given in
every case about the appropriate channel for dealing with the
individual problem. However, the Deanery will not tolerate bullying or
harassment of trainees by their trainers or others involved in their
training or working environment. Trainees must be made aware of their
right not to be bullied, and to complain where they wish to.
1.4 When a trainee makes a complaint to the employing authority
then it should seek permission from the trainee to inform the Deanery.
Likewise, where a complaint is made to the Deanery, permission should
be sought to approach the Trust.
2. What is Bullying and Harassment in a Training Context?
2.1 Bullying and harassment in a training context could be defined
as unwanted behaviour on the grounds of sex, gender, sexual
orientation, race, ethnic origin, nationality, skin colour,
disability, age and may take many forms and may include:
- Persistent and deliberate belittling
or humiliating
- Shouting, threatening or insulting
behaviour
- Persistently and unfairly singling
out an individual for unreasonable duties, or for duties with no
educational value
- Persistently and unfairly preventing
access to the normal educational events or opportunities
associated with the post or programme
- Marginalising trainees so that they
are unable to carry out their jobs and make progress in their
training
2.2 Isolated incidences of such behaviour should not normally be
taken as bullying or harassment unless extreme or subsequently
repeated. Nor should constructive criticism, adverse performance
appraisal or unsatisfactory assessment be considered in this light,
provided these are based on evidence and carried out in a way that
respects the dignity of the trainee. Tailoring of educational
opportunities and clinical responsibilities to the progress of the
individual is normal and appropriate, and should only be considered as
bullying or harassment if without justification.
3. How to Handle a Complaint
3.1 When a trainee makes a complaint of bullying or harassment,
either directly to the Deanery or through a copy of a complaint to a
Trust, it must be treated seriously. The trainee should be invited to
explain the situation in confidence to the appropriate Dean, Deputy or
Associate Dean. They may wish to bring a friend or representative and
this should be encouraged, as talking about the situation may be
emotionally distressing. It is also best for another member of the
Deanery staff to be present for support and in order to make a
confidential record of any action agreed.
3.2 The purpose of the meeting should be clarified at the start.
For the Deanery the purpose is to hear the complaint in detail to
judge whether there is a prima facie case of bullying or harassment.
It is not usually a good idea to attempt to document the events
complained about at this meeting. If this will be needed, it is better
to ask the trainee to prepare a written statement of the events with
names and dates, and to ask for written permission to hold this data
or to share it with others.
3.3 It is also important to clarify the confidential status of the
meeting. The Dean should make it clear that while confidentiality will
normally be respected, there are extreme circumstances in which the
Deanery cannot maintain confidentiality, for example where illegal
actions or patient safety might be involved.
4. Timescale
4.1 A complaint should be acknowledged within one week. When the
complainant agrees to a meeting this should normally take place within
four weeks of receipt of the complaint.
5. Prima Facie Case
5.1 If there is a prima facie case of bullying or harassment the
Dean should advise trainees of their options. As this is a new and
complex aspect of Deanery work, Associate Deans should discuss the
case with a senior colleague at this stage.
5.2 There are two potential routes, informal and formal.
5.2.1 Informal action
Where possible the Dean or a nominated deputy will help the trainee
to resolve the problem informally through discussion with the parties
concerned. Sometimes it may be advisable to remove the trainee from
the supervision of the trainer concerned on the grounds that the
training relationship has broken down. In the secondary care setting,
ideally this should be accomplished by a change of supervisor without
a change of location. Sometimes a change in location may be attractive
to the trainee, who will usually be on a rotational programme and may
prefer another placement. However, it is important that the trainee is
in no way disadvantaged or forced to move because of the situation.
In GP training a change of training practice may be necessary. If the
situation has been resolved informally, the Dean should take steps to
check whether the trainee is satisfied with the new arrangements after
a settling in period, but usually within three months. If the trainee
is keen to stay with the trainer whose behaviour has been the source
of the complaint, the trainee should be advised that the issues should
be raised with the trainer. Otherwise, there is no reason to suppose
that the situation will change.
5.2.2 Formal Action
The trainee should be asked to produce a written statement
detailing the complaint with dates and witnesses. In the case of
workplace bullying or harassment this should normally be brought to
the attention of the Medical Director or Human Resources Director or
senior representative of the employing Trust, depending on the
procedure set out in the Trust’s Bullying and Harassment Policy. The
Dean will support the trainee in ensuring the case is given due and
timely consideration by the Trust. GP registrars wishing to lodge a
formal complaint should submit a written statement to both their
employing Primary Care Trust and the Director of Postgraduate General
Practice Education.
If the complaint is laid against an agent of the Deanery, eg a
consultant acting in the capacity of Programme Director, a GP trainer
or STC chair, then the Deanery will set up review panel to investigate
the complaint. This panel should include the Postgraduate Dean, an
Associate Dean, a Trust Director of Human Resources or their
representative and a trainee representative.
There may be an outcome of counselling, disciplinary sanctions, or
dismissal, as well as the termination of the trainer’s own
organisational disciplinary procedures.
6. If the Trainee is Reluctant
6.1 Sometimes the trainee is reluctant to make a statement, to have
the case formally investigated or to have their name associated with a
complaint in fear of retribution. In such cases the trainee should be
made aware of the limitations they are placing on the Deanery in
handling this issue. The Deanery should offer support and encourage
the trainee to talk in confidence with the Trust HR representative,
Clinical Tutor or VTS Course Organiser. If they are not willing to do
this, the Dean should suggest contacting the HR Director, Clinical
Tutor or VTS Course Organiser on their behalf.
7. Support and Education for Trainers
7.1 Trainers have the right to know about accusations so as to
defend themselves or to change their behaviour if appropriate.
Sometimes trainees interpret performance management, honest feedback
or constructive criticism as bullying. The Dean has a role in
interpreting such behaviour and ensuring that it is distinguished from
bullying and harassment. Wherever possible, the Dean will attempt to
resolve complaints informally.
7.2 If appropriate, the Deanery will offer trainers help in
modifying their behaviour. The Deanery will encourage raised awareness
of bullying and harassing behaviour through its trainee surveys,
seminars and e-learning programmes. Through the educational contract
we will continue to encourage all employing Trusts to have
anti-bullying and harassment policies and make their trainees aware of
them.
This page was last updated
12/05/08
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