Violence at Work Policy

Introduction

The Council undertakes a number of statutory duties that bring employees into contact with members of the public. At times employees are at risk to conflicts with the public due to the nature of their responsibilities. Positive action in order to reduce the risk to its employees from acts of or potential violence and verbal abuse is essential.

This Policy and Guidance has been produced in conjunction with a working party of employee and union representatives.

Definitions

Violence at Work

Violence at work is any incident in which a person is abused, threatened or assaulted in circumstances relating to their work.

Physical violence is taken very seriously. Verbal abuse and threats are more common. The Council acknowledges the stress and anxiety that both verbal and physical abuse cause and takes incidences of this nature very seriously.

The Council considers the following behaviour towards employees as unacceptable:

• Verbal abuse or threats;
• Verbal or physical harassment including racial or sexual harassment and bullying or threats of such;
• Verbal or physical abuse to employees arising from their Council employment, at any time including outside working hours;
• Threatening letters, electronic mail or other communications from members of the public;
• Attacks on or damage to employee’s property arising from or in connection with employees carrying out their duties; or
• Any other action that is intended to create physical or psychological harm.

Extent of the policy

Throughout this document reference is made to “ the employee” this is taken to include all persons who are employed by the Council as contractors or in any other capacity as well as Members of the Council whilst engaged on or involved in connection with issues relating to Council business.

Policy Statement

The Council acknowledges the risk of violence or aggression towards employees in the course of employment and affirms that such violence and aggression or verbal abuse is totally unacceptable. The Council will ensure that employees are provided with full support and positive action where employees are subjected to violence and aggression or threats of such.

Responsibilities

The Council

The Council has a duty to ensure employees’ health and safety, so far as is reasonably practicable, and this includes protecting employees from the risks of violence.

Specifically the Council has the following responsibilities:

• To actively pursue the policy statement in respect of violence at work.
• To prevent violence so far as is reasonably practicable;
• To deal appropriately and effectively with acts of violence;
• To provide full support and aftercare; and
• To train all vulnerable employees and their managers.
• To actively pursue the policy statement with respect to violence at work.

Managers

Managers are responsible for ensuring the risk of violence has been assessed and that any suitable control measures are implemented. The central role of Managers is vitally important in dealing with violent incidents in the workplace and as a consequence all Managers will receive appropriate training.

Specifically Managers have the following responsibilities:

• To ensure that risk assessments in respect of each post within their department are undertaken and reviewed on a regular basis.
• To ensure that all necessary steps are taken following the risk assessment are taken to protect members of staff from being exposed to the effects of violence.
• To ensure that when a member of their staff has been exposed to a violent incident that proper support and aftercare is provided.
• To ensure that each member of staff is trained and equipped to deal with violent incidents proportionate to the level of assessed exposure.
• To ensure that full support is available to each member of staff who experiences violence during the course of their work so as to enable their recovery from any after effects.

Employees

Employees also have an important role in minimising the effects of violence and in order to ensure that this role is maximised employees have the following responsibilities:

• To protect their own health and safety by following this policy and guidance and any appropriate training available;
• To reduce the risk of provoking violence, through good customer care and sensitivity to customer needs;
• To share information on violent people with colleagues through the Violent Persons Database in Public Experience Corporate Health and Safety;
• To co-operate with all arrangements for personal protection when engaged in lone working;
• To report to their manager any violence or potential violence/abuse and complete a Violence to Staff Incident Report Form VS1 (held in each Department) as soon as possible;
• To support colleagues who have been affected by violence;
• To seek support from their manager if they feel vulnerable at any time; and
• To avoid or leave situations where the risk of violence is high.

Risk Assessment

Each Department has a nominated Risk Assessment Co-ordinator who is responsible for ensuring that there are safe working procedures. Part of the risk assessment is to consider the risk of violent acts against employees. When the risk of such acts against the individual has been identified appropriate action will be taken to eliminate and/or reduce the risks of deliberate acts of violence/verbal abuse to employees so far as is reasonably practicable. Further advice is available in the Violence at Work Guidance Document.

Training

Training will be provided for employees who are identified by a risk assessment to be in a potential risk situation. Such training will address:

• Managing effective relationships;
• An understanding of fear and aggression;
• How to recognise, avoid or otherwise defuse potentially violent situations;
• What to do if threatened or attacked; and
• What support is available if threatened or attacked and how to obtain it.

Incident Reporting

It is important to have detailed records of the occurrence of incidents of violence towards staff. To this end it is essential for all incidents to be reported so knowledge of previous incidents can be used to eliminate significant risks, as well as to protect and guard against future incidents

Where employees are victims of an act of physical violence, the incident must be reported to Corporate Health and Safety, Public Experience who will then report to the Health and Safety Executive as required by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995. This action will be required in the following instances:

• If a person dies as a result;
• If the person suffers a major injury as defined by RIDDOR95; and
• Over 3 days absence from work relating to the violent incident. You must fill in a Violence to Staff Incident Report Form if you receive:
• Face to face verbal abuse and threats;
• Threatening behaviour;
• Threatening or persistent nuisance phone calls;
• Physical assaults; or
• Experience any other event that may be identified as violence under Section 2.1 above.

Your manager will be able to provide you with a copy of the form.

Violent Persons Database

The Violent Persons Database is a list of people whose past behaviour suggests that they have a potential for violence. For instance, have been violent or threatened violence.

Information on the aggressor involved in the incident will be included on the database, which will be circulated to all employees who are authorised to have access to the database.

The Data Protection Act applies to the register, so the information on it must be factual and relevant. Proof is therefore required in the form of an Incident Report Form. The information must be available ONLY to people who need to know, for health and safety reasons. This is based on the principles set out on section 2 of this policy. The register must be kept up to date.

Violence to Staff

If an act of violence or abuse is perpetrated against you your manager will be able to advise you of the support available to you and also be able to assist you consider whether action should be taken against the perpetrator. Provision of legal advice and representation following an incident will be considered and if necessary the police will be notified.

Violence against an employee of the Council is not a criminal offence as is the case against a police constable. Therefore any action legal taken a perpetrator of violence has to be taken by the individual employee. However this does not preclude the Solicitor to the Council acting for the employee in respect of legal proceedings should the case warrant this course of action.

Actions Possible

It is not always appropriate to take formal proceedings in relation to physical or psychological violence towards staff and other more effective remedies are available. These include:

• Applying for a court injunction;
• Prosecution of the assailant;
• Advising and accompanying the employee throughout a private prosecution;
• Provision of legal support to act on the employee’s behalf: and/or
• Any other appropriate action.

Decision on Action to be Taken Following an Incident

Following the collection of evidence by an individual’s manager regarding the incident as well as in particular the wishes of the employee the most effective course of action will be determined by a panel consisting of a member of Human Resources, a Solicitor and a Manager from the department concerned.

The employee and their representative will be kept informed of proceedings at all times by the panel. All such action will be taken only in agreement with the employee concerned.

The course of action will then be progressed by the employee’s Manager.

Lone Working

Employees often feel vulnerable when working alone, particularly if visits must be made to addresses or people where the risk of violence is considered high

e.g. those on the High Risk Register.

An employee must always be accompanied if visiting an address/person detailed on the high-risk database. All lone working policies must include provision to ensure the safety of employee’s whilst

• Visiting during working hours
• Working out of hours visits
• Working in reception areas and interview rooms with public access
• Meeting with people who are known or suspected to be violent
• Visits made outside of the district

Due to the varying nature of the work undertaken by the different Departments within the Council each Department has to devise its own Lone Working Procedure consistent with the policy. However the points listed above must be covered in all such policies.

Support after an Incident

If an employee is assaulted or threatened during the course of their work they should report the incident to their manager immediately. They will be offered the following assistance:

• Medical help if the employee requires it. If the employee needs to go to hospital someone will accompany them. If the employee has been physically assaulted but does not need immediate medical assistance, they should make an appointment to see their doctor so that s/he can take any necessary action. This could be important evidence if legal action is taken against the aggressor;
• The employee will receive support and understanding. Managers will need to clarify the facts surrounding the incident and it could help them to talk t0 the employee about the incident. If employees would rather speak to a member of Human Resources this can be arranged. Alternatively the employee can visit an external one-to-one counsellor which Human Resources will organise on their behalf;
• Any physical assault or serious threat is reported to the police;
• Someone will contact the employee’s partner or a friend on their behalf – if the employee wishes this;
• The necessary paperwork will be completed;
• The employee will be entitled to time off to recover, if this is needed;

Longer Term Support

The impact of a violent incident may not affect the employee immediately and proceedings following an incident can be traumatic. Your Manager and the Council will support the employee at any time, for instance by:

• Providing and funding longer term one-to-one counselling;
• Giving paid time off during working hours to attend police interviews, seek legal advice or go to court;
• Offering the opportunity to have a work colleague, manager, member of Human Resources or Health and Safety Personnel accompany the employee to court or to an interview;
• Keeping the employee informed of the action being taken by the police or the Council following the incident.