Policies

Unacceptable Behaviour Policy

  1. Summary
    1. This policy sets SHAL’s approach to dealing with unacceptable behaviour perpetrated towards its employees or towards the organisation. That includes verbal or written communications and physical acts.
    2. SHAL will always seek to understand and respond positively to everyone within the communities we serve. However, SHAL must, as an employer, ensure the health and safety of its employees.  Where this is put at risk SHAL will take action to stop the behaviour.
  2. Objectives
    1. SHAL aims to create safe, peaceful spaces where tenants and staff can feel safe and communicate freely.
    2. Where tenants are made to feel unsafe SHAL will use its internal disciplinary procedures and complaints procedures (if the perpetrator is an employee, provider, supplier or contractor) or its ASB policies and processes (if the perpetrator is a tenant or other member of the community).
    3. This policy covers inappropriate, aggressive, abusive or threatening behaviour from tenants, members of the community or people with whom SHAL employees work (suppliers, contractors, providers and partner organisations) which prevents our employees from carrying out our legitimate work safely, promptly and effectively.
    4. SHAL will use all available legal and non-legal remedies and responses to ensure that the unacceptable behaviour stops.
    5. Where the perpetrator is a tenant we will seek to repair relationships unless to do so is not possible because of a serious and significant breach of the tenancy agreement in which case SHAL will take legal action to recover possession of the tenant’s home. In doing so SHAL will take into account the personal circumstances of the individual, including adverse childhood experiences, mental ill-health or significant trauma which may be impacting current behaviour.
    6. SHAL has policies and procedures in place to ensure it provides the services expected to an acceptable standard and meets the requirements of the Regulator of Social Housing. Performance against these standards is monitored by SHAL’s Board.  Anyone who feels that SHAL employees are not meeting these standards is invited to use our complaints process which will end with an external review by the Housing Ombudsman if the complainant chooses.  Or, if they consider there has been serious detriment they can write to the Regulator of Social Housing (see Complaints Policy).
    7. Everyone who comes into contact with employees of SHAL can expect to be treated politely, professionally and respectfully. SHAL is transparent in its decision making and open in the way we deal with people.
  3. Details
    1. We consider unacceptable behaviour to be any behaviour which is:
      1. Unreasonably demanding and/or persistent
      2. Threatening or violent (including shouting and swearing)
      3. Intimidating (including recording interactions with employees)
      4. Derogatory of SHAL and its employees (including identifying employees on social media)
      5. Causing harassment, alarm or distress
      6. Directed towards an employee personally, including their private life
    2. We also consider unacceptable behaviour to be any behaviour which:
      1. Spreading rumours or making false accusations against employees or an individual employee
      2. Making defamatory, slanderous or libellous statements about employees or an individual employee
    3. Examples of unacceptable behaviour include:
      1. Unreasonable, repetitive or excessive demands for the same information and services (If the tenants is unhappy with the service they can use the complaints policy and process)
      2. Unreasonable, repetitive or excessive contact (including telephone calls, visits, emails, texts and letters) (If the tenants is unhappy with the service they can use the complaints policy and process)
      3. Persistent disagreement with decisions made in accordance with SHAL’s policies and procedures (If the tenants is unhappy with the service they can use the complaints policy and process)
      4. Persistent refusal to accept explanations relating to what SHAL can or cannot do (If the tenants is unhappy with the service they can use the complaints policy and process)
      5. Pursuing a complaint in an aggressive or abusive way using threatening or offensive language
      6. Constantly demanding responses within an unreasonable timescale (e.g. demanding a non-urgent day to day repair is completed the day it is reported)
      7. Insisting on seeing or speaking to a particular member of staff
      8. Changing the nature and substance of an ongoing complaint
      9. Touching, pushing or hitting an employee or threatening to do so
      10. Recording an interaction with an employee (either video or audio) and sharing it on social media
    4. Tackling unreasonable behaviour
      1. SHAL will always consider how adverse childhood experiences, mental ill-health or significant trauma may be impacting the current behaviour.
      2. SHAL will: assess and assist in a crisis; listen non-judgmentally; give support and information; encourage professional help; encourage other forms of support.
      3. In the first instance, where a SHAL employee feels that they are being bullied or that the interaction has become threatening, abusive or violent to the extent that they no longer feel safe they will do what they need to do to end the interaction whilst maintaining their professional manner and then report it immediately to their line manager.
    5. Ending the interaction may mean:
      1. Bringing the phone call to an end
      2. Bringing the face to face interview to an end
      3. Asking the visitor to leave reception
      4. Leaving the person’s home
      5. Taking legal action to prevent the perpetrator visiting SHAL’s office or getting an injunction to prevent the perpetrator beginning or continuing the unacceptable behaviour
    6. Where it has been decided that the behaviour being experienced by SHAL employees is outside the boundaries of what can be considered acceptable, taking into consideration the fact that individual may be angry, frustrated or ill, the CEO will either write to them or speak to them and be clear what it is about their behaviour which is unacceptable. The CEO will give them an opportunity to respond and to change their behaviour to prevent the interaction being ended.
    7. If the behaviour was a serious and significant breach of the tenancy agreement or has been carried out before or the individual does not respond to the communication as set out above, the CEO will take legal advice on the next steps which may include a solicitor’s letter; application for an injunction to legally prevent the perpetrator behaving in a certain way or doing certain things, service of a Notice of Seeking Possession, application to court for repossession of the home.
    8. In all circumstances, the CEO will take into account the individual’s circumstances and in particular will seek to ensure that the need to protect the health and safety of the employee is held in balance with the impact of such proceedings on the individual, particularly in relation to Adverse Childhood Experiences or trauma.
  4. Outcomes
    1. A safe and mutually respectful working environment for SHAL employees and for other people who may be working for SHAL to carry out work on our behalf
    2. All instances of unacceptable behaviour are dealt with openly, transparently and honestly taking account of the circumstances of the individual tenant and balancing any action with the impact on the people involved
  5. Consultation
    1. A draft copy of this policy will be available on our website to allow members of the public an opportunity to comment on its contents prior to being submitted for approval by SHAL’s board
    2. All tenants will be contacted by text to advise of its availability online and a draft copy will also be made available on request
    3. SHAL’s tenant scrutiny panel will also be invited to review the policy and suggest any comments and amendments prior to the policy being approved by the board
  6. Equality and Diversity
    1. We will apply this policy in a fair and consistent manner and will not discriminate against anyone based on their age, gender, nationality, race, religion, sexual orientation, disability or any other matter that may cause a person to be treated with injustice.
    2. The needs of vulnerable residents will be considered in accordance with the pre-action protocol for possession based on rent arrears and the Equality Act 2010
  7. Value for Money
    1. Ensuring that SHAL creates a mutually respectful, open, transparent and honest dialogue between our employees and our tenants is very important to us. We will ensure that we do all we can to maintain a safe and peaceful space for dialogue and mutual understanding and will invest in training and development and external intervention where needed to ensure that a positive space is created and maintained.
  8. Owner
    1. Housing Manager
  9. Version and Revisions
    1. This policy will be reviewed every 3 year(s)
    2. Revisions
New version Date Revision details