Relationships at work policy

1. Introduction
2. Purpose
3. Scope
4. Responsibilities, accountabilities and duties
5. Procedure or implementation
6. Training implications
7. Monitoring arrangements
8. Equality impact assessment screening
9. Links to any other associated documents

1 Introduction

The reputation of the Rotherham, Doncaster and South Humber NHS Foundation Trust (the trust) depends on the achievement of the highest standards of care for patients and service users but also in ensuring that trust business is conducted in a professional and proper manner.

It is recognised that close personal relationships can and are sometimes formed at work and that as a large employer situations will arise within the trust where related persons or individuals with a close personal relationship are employed within the same team, establishment or work area. Employees may sometimes be in existing personal relationships with prospective employees, customers, suppliers and service users and carers. Such relationships can give rise to challenges about professionalism, integrity and to suggestions of favouritism.

Whilst the trust respects the right of employees to privacy and family life and will not interfere unduly in an employee’s private life, the trust has a legitimate right to protect the interest of the organisation, patients or service users and other employees and to take action when close personal relationships either have the potential to or do impact upon the trust’s services.

The trust has no objection to employees forming personal relationships with other employees, suppliers or employing other family members. However, the trust must ensure that its business decisions are based on objective and relevant criteria and that no subjective or irrelevant factors are taken into account. The trust expects that no favouritism is shown in business, management of employees or clinical decisions.

The trust has put the following principles and processes in place to ensure that where relationships exist there is no possibility of a lack of professionalism, probity or favouritism within the working environment and that all actions are open and transparent.

2 Purpose

The purpose of this policy is to:

• ensure that working relationships are harmonious
• ensure that bias does not influence managerial decisions including recruitment and promotion or access to learning and development
• protect the operation of the trust’s services
• ensure that issues relating to personal relationships at work are managed in a way that is as unobtrusive as possible to the private lives of those involved
• prevent harassment at work (in particular stemming from the end of a relationship)
• ensure that all employees or colleagues feel confident of fair and consistent treatment
• protect the health, safety and welfare at work of colleagues
• ensure that the trust’s facilities and buildings are not used inappropriately
• ensure that those involved in relationships at work behave appropriately avoiding situations where there is potential for conflict of interest
• ensure that situations do not develop where other colleagues feel unable to speak openly and honestly, or feel that a relationship is having an adverse impact on their own employment
• ensure that there is no impact on patient care at any level
• eliminate the risk of professional or personal relationships compromising any individual(s) or the trust in the delivery of high quality care to patients or service users or in contact with families and carers
• prevent the potential for fraudulent activity
• facilitate and encourage the development of an organisational culture where employees feel confident to voluntarily declare personal relationships

3 Scope

This policy applies to all employees and colleagues of the trust and in addition to locums, agency staff, volunteers, students, contractors and employees of other organisations that provide services to the trust. It also applies to job applicants in the recruitment process. Job applicants will be required to declare on their application any personal or work relationships issues as this may cause a conflict of interest.

Employees are expected to behave in a professional manner respecting all trust policies and confidentiality requirements regarding information which one employee may have authorised access to but not the other. Any adverse impact on their work, the team’s work or the functioning of the team is not acceptable, such as:

• neglecting work
• communicating confidential information to each other which is not associated with their employment
• behaving in a way that may cause difficulty or embarrassment to others, for example, arguing in the workplace or open displays of affection
• not communicating with each other as a result of disagreement or the breakdown of the relationship
• communicating with each other in a way that excludes others
• inflexibility in working arrangements, this may be of particular importance within small teams where cover is already difficult

It is the negative impact of the relationship and not the relationship itself, which is not acceptable, which is why all employees are expected to behave in a professional manner at all times.

4 Responsibilities, accountabilities and duties

4.1 Board of directors

• Will oversee this policy and ensure that appropriate processes and actions are in place to address any professional or personal relationships which may compromise the integrity of the trust.

4.2 Executive director of people and organisational development

• Will advise managers and employees on the policy and its interpretation.
• Will be responsible for ensuring the correct implementation of this policy.
• Will ensure this policy is reviewed on a regular basis in consultation with staff representatives

4.3 Care group directors or directors

• Will ensure all employees are aware of this policy and their responsibilities under it.

4.4 Managers

• Will be responsible for ensuring they are familiar with this policy and procedures contained within it.
• Will be responsible for ensuring they comply with all the requirements of the policy; dealing with any matter requiring formal disciplinary action in accordance with the Disciplinary Policy.
• Deal promptly and sensitively with issues involving close personal relationships at work.
• Will make active and objective decisions, which must be recorded, to avoid or minimise the possibility of perceptions of favouritism, lack of professionalism or a lack of integrity.
• Conduct matters involving close personal relationships at work in a consistent, fair and reasonable manner, maintaining confidentiality where possible. Where practical arrangements necessitate the need for sharing the information the individuals will be informed of this prior to the information being shared.
• Will declare any relationships formed with an employee.
• Will not provide official organisational references for any employee with whom they have a close personal relationship.
• Will ensure employees are aware of and understand the policy and ensure, where appropriate, employees attend necessary training
• Will inform the People Experience team of any changes in employee’s arrangements which result from the implementation of this policy.

4.5 People Experience team

• Will advise managers and colleagues on any queries relating to the implementation of this policy.

5.6 Employees or colleagues

• Will be individually responsible for ensuring that any close personal relationship at work does not interfere with their duties and responsibilities.
• Should familiarise themselves with the content of this policy and should speak to their line manager if they are unsure of any aspect of their responsibilities.
• Will declare the existence of close personal relationships or when they develop as required under this policy to the relevant manager
• Will take active steps that are reasonable and practical to ensure that any close personal relationship at work does not interfere with or prejudice their employment thereby impairing their judgement

5 Procedure or implementation

5.1 Definition of terms

Relationships for the purpose of this policy are deemed to include:

• family relationships, for example, brother, sister, daughter, son, mother, father and also being related by marriage or civil partnership, for example, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law and stepchildren
• married partners, co-habiting partners and civil union partnerships
• sexual or intimate relationships
• a close friend

A relationship can also be with an existing or prospective employee, a volunteer, a contractor or supplier, a non-executive director, a commissioner, carer, a service user such as a child or young person or vulnerable adult client whom an employee meets as a result of their employment.

Employees who have a personal relationship with a colleague (as defined in section 5.2, 5.3, 5.4, 5.5 and 5.6) who are also required to support clinical restraint should not, wherever practically possible, be involved in the same restraint activity to safeguard themselves and also the patient.

5.2 Personal relationships with colleagues

In any large organisation it is likely that some employees will be related to one another or develop a personal and or sexual relationship, and, if they are in a close working relationship in the same workplace, the potential for conflict between personal or family loyalty and work responsibilities may arise.

The trust requires that a high standard of care and skill in its work is achieved and in doing so requires its employees to conduct themselves in a manner which will ensure this. Whilst it is not the trust’s intention to infringe upon the private lives of its employees, it does expect colleagues to conduct themselves in a manner in which they do not bring the trust and its work into disrepute.

This policy sets out principle standards of conduct to assist and protect employees whilst at work and these are set out below:

If the employee has a personal or intimate or close relationship with a colleague whom they manage or work closely with, they must inform their line manager and senior manager immediately. The trust does not find acceptable a relationship in jobs where there is a direct line management or supervisory relationship between the two individuals, such as maternal or paternal relationships and step relationships (this is not an exhaustive list), or where the line manager does not manage the employee directly but is the manager’s manager. This is for their own protection to prevent any unfounded allegations of favouritism, as well as to protect the employee from less favourable treatment. Under no circumstances will the direct line management arrangements continue, which is to protect both parties and alternative arrangements will be explored. Where alternative direct line management arrangements are not possible, then the contracts of employment for both parties will be reviewed and alternative options explored, such as redeployment of one or both individual(s) to another area of work. Consideration will be given to indirect line management arrangements and the impact on the employment relationship. Each case will be judged on its own merits.

• If an employee has a personal or intimate or close relationship with a colleague they should not display any obvious signs of affection in the presence of third parties. This is to prevent any potential or apparent embarrassment to their colleagues and also to maintain a professional image with patients or service users and employees with whom they have contact.
• If the relationship breaks down, the employee should ensure that no acts that could be interpreted as arguments or disagreements occur at work. The employee may wish to discuss the situation with their line manager.
• The employee should ensure that their relationship does not bring the reputation of the trust into disrepute. An example of a breach of this would be if the employee deliberately damaged a former partner’s property, even outside working hours. Additionally any other behaviour that could, or did lead to a prosecution by the police.

5.3 Relationships between employees where there is no line management relationship

This type of relationship at work does not of itself constitute a difficulty. However, employees are expected to conduct themselves in a professional manner and to deal sensitively with any confidential information which one or both individuals may possess. Employees are encouraged to bring to the attention of their manager any difficulties they are experiencing which may not be apparent.

A relationship, particularly between two employees working in the same team, may begin to have an adverse effect on the care they provide, their own and or their colleagues’ work.

5.4 Personal relationships with contractors

As required by the conflicts of interest policy no special favour should be shown in the tendering process to businesses run by or employing, friends, partners or relatives. If an employee is asked to participate in the tendering process, for example, by providing expert advice, they should declare any such relationships. A close personal relationship between an employee and a contractor is not acceptable if it involves:

• an abuse of the employee’s position of trust
• a breach of the standards of propriety expected in the post
• a compromise of professional standards
• a conflict of interests

5.5 Personal relationships with service users

Employees must not engage in personal relationships with patients or service users whom they meet as a result of their employment. If this type of relationship develops the situation can be regarded as:

• an abuse of the member of staff’s position of trust
• a breach of the standards of propriety expected in the post
• a compromise of professional standards or code of conduct and, as such must be reported to the care group director or director, director of nursing and AHP, director of therapies or medical director for a recommendation on further action; advice from the Safeguarding team may be needed if safeguarding procedures are compromised
• a breach of the contract of employment

In cases where a close friend, partner or spouse or relative is, or becomes, a service user or patient, it is the responsibility of the employee to inform their line manager that such a relationship exists. The line manager will discuss the situation with the employee and agree an appropriate course of action. It may be appropriate for the service user or patient to be treated by another clinician or team, or, in the case of an inpatient admission, for the employee to be moved to another area for the duration of the service users or patient’s treatment. Employees must also not access service user records, as this will be classified as a non-authorised access to clinical records and this will be considered a breach of trust policy, which could result in dismissal in accordance with the disciplinary policy.

Where personal or business relationships precede the professional relationship, or where dual relationships exist, for example, where within a small community an employee may already be a personal friend of a service user, it is the responsibility of the employee to maintain each relationship within its own appropriate boundary. Where such a relationship exists, the employee must inform their line manager and supervision should be used to regularly discuss and explore any potential boundary conflicts.

5.6 Recruitment and selection

Job applicants, including internal applicants, are required to declare any relationships with directors or employees of the trust on their job application form.

If an employee is involved in a recruitment and selection process and realises that there is an application from someone with whom they have a relationship as defined in section 5 they must declare an interest to their line manager and withdraw from the process. Failure to declare any interests may result in disciplinary action and be referred to the trust’s counter fraud specialist.

Similarly an employee who has a relationship with another should not act as a referee for that person for both internal and external positions.

5.7 Job evaluation or promotion or pay

Employees must not be involved in the authorisation or evaluation of any job description for another employee with whom they have a close personal relationship and are expected to declare any such interest immediately if they are approached to participate in the job evaluation process. They should not be involved in any decisions relating the promotion or pay of another employee with whom they have a close personal relationship. Failure to declare an interest may result in action under the disciplinary policy and the counter fraud, bribery and corruption policy.

5.8 Disciplinary or grievance issues

Employees should declare a potential conflict of interest as soon as they are approached, and made aware of the circumstances and other employees involved, to participate in such proceedings as either a witness or investigating officer, deciding officer etc. Employees must not be (unless potentially as a witness with the caveat of impartiality) involved in any investigation, hearing or other decisions involving another employee with whom they have a relationship. Failure to do so may result in action under the disciplinary policy and the counter fraud, bribery and corruption policy.

In situations when one employee in a relationship is subject to investigation under trust procedures such as disciplinary or grievance consideration should be given to the temporary redeployment of the other employee in the relationship whilst the investigation takes place. This is both to ensure that a thorough and fair investigation is possible and also to protect that employee from false accusations that they might be impeding the investigation.

Where issues arise that involve one employee in a relationship any discussions will remain confidential to that employee. The other employee in the relationship may attend any meetings to provide support but may not intervene, speak on behalf of or represent the other party.

5.9 Managing situations when a personal relationship adversely affects the workplace

In most cases where a personal relationship causes issues in the workplace these should initially be capable of being addressed and resolved informally.

Issues arising should be dealt with promptly and sensitively by the relevant manager and not allowed to continue unchecked. Where action is necessary consideration should be given to re-arrangement of the work or working patterns if this is a viable first option.

Where a close personal relationship has been identified as adversely affecting the workplace, and has been reviewed or explored under relevant policies, then options for resolution may include the re-deployment of one or both employees depending on the extent to which the functioning of the team has been affected. In these circumstances excess mileage will not be paid on redeployment.

Both employees will be consulted to identify who should or will be re-deployed. If only one party is to be moved, where possible, their wishes will be taken into account, but consideration will be given to the knowledge, skills and experience of employees, the impact upon their careers and the relative ease with which each might be redeployed.

If agreement cannot be reached between both employees as to which should be redeployed, for example where a relationship has broken down, then the trust will make that decision based on the best interests of the service, patient care and relative impact upon each employee.

Where investigation has clearly identified a particular loss of trust from the team in one employee then the trust will act in accordance with that finding and redeploy that employee in the interests of the team.

Consideration should also be given to the use of mediation if appropriate to the circumstances. Advice can be sought through the People Experience team.

5.10 Raising concerns

Any employee who feels that the close personal relationship of other team members or colleagues is adversely affecting their employment, the functioning of the team or the provision of services is encouraged to share their concerns at the earliest opportunity with their line manager or more senior manager if they prefer. Where an employee is not comfortable with either of these options they may consider raising their concerns under the trust’s policies, freedom to speak up policy: raising concerns (whistleblowing) policy or counter fraud, bribery and corruption policy. This also applies to employees in a close personal relationship who feel they are being disadvantaged because of the relationship.

5.11 Confidentiality

Wherever possible confidentiality regarding the existence of a close personal relationship will not be disclosed, however, should this prove necessary then a disclosure will be made following consultation with the line manager, employees concerned and the People Experience team. If alternate working practices or patterns are necessary then it may be necessary to inform other members of the team regarding these arrangements and the reasons for them.

5.12 Breaches of policy

Alleged breaches of this policy will be investigated under the relevant trust policy.

Employees have the right to appeal against any action taken under this policy using the trust’s grievance and dispute policy.

6 Training implications

There are no specific training needs in relation to this policy, but line managers will need to be familiar with its contents as well as any other individual or group with a responsibility for implementing the contents of this policy.

As a trust policy, all employees need to be aware of the key points that the policy covers. Employees can be made aware through a variety of means such as:

• local induction or employee handbook
• trust communication tools
• one to one meetings or supervision

7 Monitoring arrangements

7.1 Immediate support offered to staff

• How: Verbal feedback to line manager, staff survey.
• Who by: Line manager.
• Reported to: Director of people and OD.
• Frequency: Ad hoc or annually.

7.2 Grievances

• How: Number of grievances raised about the application of the policy.
• Who by: People experience or line manager.
• Reported to: Director of people and OD.
• Frequency: Ad hoc or annually.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please email rdash.equalityanddiversity@nhs.net to request the document.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).

8.1.1 How this will be met

Policy does not relate to patients.

8.2 Mental Capacity Act

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals’ capacity to participate in the decision-making process. Consequently, no intervention should be carried out without either the individuals informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all employees working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the interests of an individual whose capacity is in question can continue to make as many decisions for themselves as possible.

8.2.1 How this will be met

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).

9 Links to any other associated documents

• Respect, civility and resolution (formerly bullying and harassment) policy
• Conflicts of interest policy
• Contract of employment
• Counter fraud, bribery and corruption policy
• Disciplinary policy
• Freedom to speak up policy: raising concerns (whistleblowing) policy
• Grievance and dispute policy