NHSScotland 'Once for Scotland' workforce policies: consultation

2. Gender-based Violence Policy

2.1. Aim

2.1.1. The Gender-based Violence Policy aims to:

• Provide a framework to assist and support employees with current or previous experience of gender-based violence (GBV).
• Ensure an appropriate response to any employee accused of GBV.

2.2. Scope

2.2.1. This policy applies to all employees. It also applies to bank, agency, sessional workers, volunteers, contractors, and those on placement, such as trainees, students, or individuals undertaking work experience.

2.2.2. Reference to employees apply to all these groups unless otherwise stated.

2.2.3. This policy complies with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010.

2.3. Definitions

2.3.1. Disclosure means revealing a past or ongoing experience of GBV to another person.

2.3.2. Gender-based violence (GBV) refers to harmful acts directed at an individual or a group of individuals based on their gender. It is rooted in gender inequality, the abuse of power and harmful norms. The term is primarily used to describe the fact that structural, gender-based power differentials place women and girls at risk of multiple forms of violence. Whilst women and girls suffer disproportionately from GBV, men and boys can also be targeted. The term is also sometimes used to describe targeted violence against LGBTQI+ populations when referencing violence related to norms of masculinity, femininity and gender norms.

2.3.3. Listed below are examples of GBV against women and girls, as identified by UN Women. These may equally apply to men or boys or members of the LGBTQI+ population, as appropriate:

• Physical, sexual, psychological, emotional and financial abuse occurring in the family, within the general community and in institutions in both physical and digital spaces and places.
• Domestic abuse/coercive controlling behaviours, stalking, rape and incest
• Sexual harassment, bullying and intimidation.
• commercial sexual exploitation, including prostitution, lap dancing, stripping, pornography.
• Trafficking and exploitation including for domestic and sexual servitude
• Child sexual abuse, including familial sexual abuse, child sexual exploitation, domestic abuse and indecent images of children.
• So called 'honour-based' violence, including dowry-related violence, female genital mutilation, forced marriages, and 'honour' crimes.

2.4. Roles and responsibilities

2.4.1. There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy.

2.4.2. Employer

2.4.3. The employer should:

• Raise awareness of the policy.
• Create a physically and psychologically safe environment for employees to disclose experience of GBV.
• Promote empathy and understanding of the cause and consequence of GBV.

2.4.4. Manager

2.4.5. The manager should:

• Initiate discussion where there are concerns about abuse.
• Respond sensitively to the disclosure of experience of abuse.
• Help employees assess their level of risk, including appropriate workforce support.
• Provide information on how to report abuse if the employee wishes.
• Engage with perpetrators of abuse in a respectful way whilst assessing any actions required.
• Be aware of the potential for GBV and for this to be taken into consideration when an employee is subject to a workforce policy process.

2.4.6. Employee

2.4.7. The employee is encouraged to identify a trusted individual to share their experience of GBV to obtain support.

2.4.8. Gender-based violence lead

2.4.9. The gender-based violence lead, where available, can provide specialist advice on GBV concerns.

2.4.10. Occupational health services

2.4.11. Occupational health services should:

• Respond sensitively to the disclosure of experience of GBV.
• Be aware of the potential for GBV and for this to be taken into consideration when undertaking assessment and providing recommendations.

2.4.12. Human resources

2.4.13. Human resources should:

• Respond sensitively to the disclosure of experience of GBV.
• Be aware of the potential for GBV and for this to be taken into consideration when an employee is subject to a workforce policy process.

2.4.14. Trade unions

2.4.15. Trade unions should:

• Respond sensitively to the disclosure of experience of GBV.
• Be aware of the potential for GBV and for this to be taken into consideration when an employee is subject to a workforce policy process.

2.5. Procedure

2.5.1. GBV is a major public health, equality and human rights issue. It covers a spectrum of violence and abuse committed primarily against women by men as a result of recognised gender inequalities. Although women and girls are significantly more at risk of GBV, it is also experienced by men and boys. Abuse also occurs within same-sex relationships.

2.5.2. It is acknowledged that given the large number of employees within NHSScotland that some will be perpetrators of GBV. Committing acts of GBV is unacceptable and will not be tolerated. Many forms of GBV are criminal offences and may also breach corporate and professional codes of conduct.

2.5.3. Disclosure by employee experiencing GBV

2.5.4. An employee may disclose:

• by voluntarily speaking to their manager or colleagues
• during a supportive discussion

2.5.5. A disclosure may also be made by other parties:

• colleagues
• patients who may know the employee outside of the workplace
• trade union representative
• multi-agency public protection
• police

2.5.6. Supportive conversation with the employee

2.5.7. The aim of the conversation is to provide support and ensure safety if the employee has indicated that they wish to engage. The manager should:

• Check whether any necessary amendments to the work environment or further support, such as occupational health or national specialist organisations, would be helpful.
• Assess for any risk in the workplace.
• Take a note of relevant points considering the sensitive nature of issues disclosed.
• Agree the content and how the note should be stored and shared with the employee, if safe to do so. This should detail any agreed adjustments and period for review.

2.5.8. Employees may find it difficult to engage with the discussion. GBV is often considered a private and personal issue. It may make it difficult for employees to talk openly about how this affects them at work. The employee should be reassured about their confidentiality being maintained. However, they should also be advised of the limits of confidentiality depending on the nature of the disclosure and requirements under adult support and protection or child protection organisational procedures.

2.5.9. Changes to working environment or adjustments

2.5.10. Managers should:

• Consider what workplace support may assist. Further information is available in the Manager guide and Employee guide [insert hyperlink to Manager Guide and Employee Guide]. This could include consideration under other NHSScotland Workforce policies and manager guides, such as:
  • Special Leave Policy
  • Special Leave Policy Guide for Managers
  • Flexible Work Pattern Policy
  • Flexible Work Pattern Policy Guide for Managers
  • Flexible Work Location Policy
  • Flexible Work Location Policy Guide for Managers
• Implement safety measures, if required.
• Consider any safety implications that may arise for employees who work from home.

2.5.11. Keep in close contact

2.5.12. If an employee requires to be absent from work, mutually agree a safe and confidential method of communication.

2.5.13. Regularly review

2.5.14. Managers should have regular meetings with the employee to make sure that the agreed level of support and adjustments are meeting the employee’s needs. They should also keep under review any workplace alterations that are in place.

2.5.15. Disclosure by a perpetrator of GBV

2.5.16. An employee may disclose:

• by voluntarily speaking to their manager
• during a supportive discussion

2.5.17. A disclosure may also be made by:

• colleagues
• patients who may know the employee outside of the workplace
• trade union representative
• multi-agency public protection
• police
• partners or ex-partners who are not NHS employees
• Disclosure Scotland

2.5.18. Supportive conversation with the employee

2.5.19. When responding to a direct disclosure from an employee or where it has been established that they have perpetrated abuse, it is important to adopt good practice. Engagement with perpetrators in a respectful way does not mean excusing the abuse. It is an area that requires sensitivity and an awareness of how this might affect the safety and wellbeing of those experiencing abuse. The response could affect the extent to which the perpetrator accepts responsibility for their behaviour and therefore the need to change.

2.5.20. When a disclosure of GBV is brought to the attention of the manager, this should be acted on as soon as possible. Managers should respond in the same way that they would address any other serious complaint against an employee. An investigation should be undertaken using the Workforce Policies Investigation Process.

2.5.21. In addition, the manager should check whether any necessary amendments or measures, such as occupational health, are required. The manager should assess for any risk posed. The manager should take notes at the meeting and provide a copy to the employee. This should detail any agreed adjustments and period for review.

2.5.22. Procedure in cases involving other employees

2.5.23. There might be situations where there is a need for employees to be separated or contact limited. This could be to support the employee subject to GBV to feel secure in the workplace or because of an interdict or injunction. In such cases, the perpetrator or alleged perpetrator will be moved to an alternate placement unless:

• the employee subject to GBV requests a move
• there is a legitimate service need which dictates that they cannot be moved

2.5.24. Reporting concerns

2.5.25. If made aware of any potential risk from the perpetrator or there are child or adult protection issues, the manager should follow local public protection arrangements.

2.6. Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft. 

• Employee guide

Descriptor: guide to help employees use and understand the Gender-based Violence Policy. This will include information to support the employee making a disclosure and the types of practical help that can be offered.

• Manager guide

Descriptor: guide to help managers use and understand the Gender-based Violence Policy. This will include information to support the manager when an employee is making a disclosure and the types of practical help that can be offered, including sources of support.

• Gender-based violence policy flowchart

Descriptor: visual and text alternative flowcharts outlining the key steps in the Gender-based Violence Policy.

• Indicators of Gender-based Violence

Descriptor: guide to identifying potential signs of GBV.

• Guide on sexual harassment

Descriptor: guide to support employees who experience sexual harassment.

2.7. Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.