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Hi Vicki

 

As someone who has had experience of dealing with formal procedures from an HR perspective I can only endorse what Jill has said. From my experience she has this spot on – once a formal procedure is initiated it is very difficult to get a speedy and satisfactory resolution.  That doesn’t mean, of course, that some incidences are serious enough to determine that an informal resolution would not be appropriate - but again I think this would depend on the seriousness of the offence and the context within the organisation.

 

Kind regards

 

Madeleine

 

From: HEEON equal opportunities list [mailto:[log in to unmask]] On Behalf Of Jill Scott
Sent: 11 August 2017 15:36
To: [log in to unmask]
Subject: Re: Seeking informal/alternative resolution

 

Hi Vicki

 

I think this is a very pertinent question.  I would say that the reason for seeking informal solutions first is to minimise the damage that formal processes inflict on all parties involved - it is not just the alleged target and perpetrator who experience stress and anxiety through what can be a long, drawn out process, but everyone involved, including the wider team.  I would go so far as to say that there are no real winners in a formal process, whatever the outcome, and it becomes difficult, if not impossible, for people to continue to work together after a formal process has taken place.  If we hope to preserve working relationships, informal processes certainly have more chance of doing this than formal ones.

 

The other aspect of this is that the informal part of the process, as you point out, enables people to explore each other's perspectives and understand each other's points of view, which is almost impossible once the formal stage begins.  However, there are some allegations that are so serious that they should be dealt with formally from the start, and I would think serious sexual harassment allegations would fall into that category (but I would argue that it is the seriousness of the allegation that should determine the approach, not what type of harassment is involved - but that's just my opinion).  There may be other times when formal processes are preferable, such as when the target is particularly vulnerable, or when multiple allegations are being considered. 

 

In short, i believe it is right to use informal solutions if possible, but these should not override the need for the University to protect vulnerable people or take firm action when dealing with serious allegations.  Even in such cases, it is possible to use targeted coaching with perpetrators to help them to understand why their way of dealing with others is inappropriate and the negative impact of their behaviour on other people.  Mediation can be very successful in some instances, but this is usually when there is no great power imbalance between those involved, which is not usually the case in respect of sexual harassment cases.

 

Hope this is helpful.

 

Best wishes

 

Jill Scott

Managing Director, Flexible Work Solutions Ltd.

 

On Fri, Aug 11, 2017 at 3:02 PM, Vicki Baars <[log in to unmask]> wrote:

Dear colleagues,

 

I have been pondering a question for a while and I’m interested in hearing your thoughts/providing you with a Friday afternoon distraction.

 

In most bullying, harassment & discrimination policies it is pressed that in the first instance issues should be resolved through informal methods (mediation being highly favoured for this).

 

My question is why are informal resolutions so preferable? It does make for quicker resolution, not having to undergo an investigation process or revealing misunderstandings but does it minimise the impact of the behaviour that breaches the policy?

 

Context: I’m thinking about what informal resolutions may be appropriate in cases of sexual harassment (mediation clearly is not) and thinking about if asking people to seek informal resolution is too minimising and if it is for sexual harassment why is it not for homophobic comments for example?

 

Best wishes,

 

Vicki Baars

Strategy and Review Manager - Sexual Harassment

Goldsmiths, University of London

http://www.gold.ac.uk/about/statements/sexual-harassment/