Content
1. Context
All members of the University community have the right to be treated fairly, equitably and without bias. This right should not be compromised by any personal relationships that an individual or their colleagues may have with other members of staff. All employees have the right to expect professional behaviour from others and have a corresponding responsibility to behave professionally towards anyone they come in to contact with in the workplace.
The University recognises that there are occasions when relatives are employed within the same Institution or in roles which need to interact with one another. In such situations there may be potential for conflicts of interest or allegations of favouritism, nepotism or unfair practice to occur. The University wishes to protect its employees from any treatment of this nature and to ensure that all staff are treated fairly and given equality of opportunity. This policy provides a guidance framework to ensure that working arrangements are fair and are seen to be fair in practice. It aims to ensure that decisions relating to appraisals, grievances, disciplinary cases, training and development, promotion, recruitment or decisions involving pay for all employees or potential employees are made impartially using sound judgement and without prejudice.
This policy should be read in conjunction with the University's Equal Opportunities Policy, Dignity at Work Policy and the University's Employment Guidance. These policies aim to ensure that staff are recruited and progress within the University in a fair and equitable manner, determined only by personal merit and by the application of criteria which are related to the duties and conditions of each particular post and the needs of the Institution concerned.
2. Eligibility
This policy applies to all members of staff and in addition the following:
- Job applicants.
- Hourly paid workers (eg casual staff or those paid via UPS).
- Self employed staff/those on a Contract for Services.
- Agency workers (including Temporary Employment Service workers).
For the purpose of this policy a relative is defined as:
- Spouse or partner (including same sex partners and civil partners).
- Former spouses or partners.
- Parent, parent in law, grandparents.
- Brother or sister, including in laws.
- Son or daughter (including in laws) and grandchildren.
- Aunt, uncle, niece, nephew, cousin.
- Step family members.
- Close friends (although they are not relatives the nature of these relationships may result in nepotism, favouritism or unfair practice being implied or alleged).
This list is not exhaustive and it is the responsibility of members of staff to take any necessary action on the basis of common sense and reasonableness.
3. Statement of policy
This document states the University's policy where personal and professional relationships overlap. It aims to ensure that individual members of staff act with propriety, and without bias, abuse of authority or conflict of interest in executing their professional duties and that they do not lay themselves open to allegations that they have acted unprofessionally in this regard.
The policy sets out a framework and gives clear guidance to members of staff who work closely with relatives in order to:
- Ensure that members of staff are treated fairly, equitably and without bias.
- Ensure that members of staff know when to declare any conflicts of interest when working with relatives.
- Prevent against potential instances of unprofessional behaviour such as favouritism, nepotism and unfair conduct.
- Ensure that decisions made about members of staff or potential members of staff are made without prejudice, with impartiality and sound judgement and are defendable under the strictest scrutiny.
The guiding principles of this policy are:
- Members of staff should not be placed, nor place themselves, in a situation where others might reasonably believe that there has been or could be a conflict of interest or improper conduct.
- Members of staff should feel that they are treated fairly, equitably and without bias.
- The University is not brought into disrepute and does not suffer reputational damage by improper conduct of its employees.
Recruitment of Relatives
Members of staff are required to declare an interest if they are involved in the recruitment process where an applicant is a relative. No member of staff may be involved in the recruitment process where a relative is a candidate.
Members of staff should not solely conduct an interview process where their line manager is a relative of a candidate. They may however be part of a panel of assessors, provided they have declared the reporting relationship to that panel.
Working with Relatives in the same Institution
Ideally, there should not be a line management relationship between relatives, whether it is direct or indirect. This includes making decisions and being involved with carrying out any HR processes e.g. appraisals, grievances or disciplinary cases, training and development, promotion or decisions involving pay.
If a person is appointed to a post that is managed by a relative, the relationship should be declared and the situation reviewed in consultation with the relevant HR Contact. Where possible, alternative management arrangements should be put in place. This may include changing reporting relationships or potentially changing location.
If it is not possible to identify alternative arrangements, an independent Senior Manager should have oversight of any decisions.
If a member of staff believes they have been placed in a difficult situation because they are required to work with a relative or because of colleagues working with a relative, they have a responsibility to raise the issue with an appropriate line manager.
There may be occasions when members of staff receive/have access to confidential information regarding a relative. As with any data, this information must be treated as strictly confidential in line with the Data Protection Act. Managers should make every effort to avoid a situation where a conflict of interest could arise.
Relationships between Existing Staff
Where relationships already exist or a relationship develops after appointment that may lead to a conflict of interest or which may potentially affect or overlap with a professional relationship the relationship must be declared to a line manager at the earliest opportunity.
The line manager will consult with HR and consideration will be given to the appropriate action which may need to be taken. It is recommended that alternative management arrangements will be put in place where possible. These could include changing reporting relationships or individuals changing their job.
Bringing Dependants into the Workplace
It is the responsibility of members of staff to ensure adequate childcare/care arrangements are in place whilst they are at work. However, it is recognised that there may be occasions where childcare/care arrangements fail and a member of staff may have to bring their dependant(s) into work in order to cancel prior engagements or make any necessary handover arrangements.
It is not acceptable for a member of staff to bring his or her child/dependent into work with the intention of continuing their normal work.
Dependants may accompany their parent or carer on a brief visit to their work place provided it is with the agreement of their manager, unless such a visit would expose them to health and safety risks in that particular environment. In cases where a dependant does accompany a member of staff, the member of staff is responsible for the welfare of the dependant and must minimise disruption to the normal flow of work.
Members of staff who have an agreement to work from home should ensure they have adequate childcare/care arrangements in place during the period they are working at home.
Provision of Work Experience for Relatives and Youth Placements
Members of staff should not offer paid work experience or youth placement opportunities to relatives. Such recruitment should operate through the proper channels including the Intern Scheme and employment through TES.
4. Guidance
It is recognised that this policy may significantly affect some current working arrangements in Departments/Institutions. Line managers are encouraged to seek advice from their relevant HR Business Manager or Adviser where necessary when considering the need to review current working arrangements and when considering whether alternative arrangements are required.
This policy will be effective immediately for the recruitment of new members of staff. However, it is accepted that appropriate time will be needed to review arrangements for existing staff especially in circumstances where this may require changes to current working arrangements.
5. Procedure
Members of staff are required to declare an interest to their Head of Department/Institution or line manager if they are working with a relative or if a relative is an applicant in a recruitment process that the member of staff is involved in. When an interest has been declared, Heads of Department/Institution or line managers are required to take steps as described below to prevent against favoritism, nepotism or unfair practice and to ensure that all staff are treated fairly and equitably.
When a member of staff does not declare a relationship as defined in this policy and the Head of the Department/Institution or line manager becomes aware of such relationship, the Head of Department/Institution or line manager will raise the matter with the employee concerned and take necessary action to comply with this policy in consultation with HR.
Where another member of staff believes there has been favoritism, nepotism or unfair practice and wishes to make a complaint they should raise the matter with their line manager in the first instance. If it is not possible to resolve the matter informally they should raise a complaint under the Dignity at Work or grievance procedure.
The following sets out the roles and responsibilities for members of staff when working with relatives.
Members of Staff
No member of staff may be involved in the recruitment process, including for work experience or youth placements, where a relative is a candidate. Members of staff are required to declare an interest if they are involved in the recruitment process where an applicant is a relative and withdraw from the process.
Members of staff are required to declare a conflict of interest to their Head of Department/Institution or Line Manager if they are working with a relative or a relationship develops within the institution.
Recruiting Managers
Recruiting managers should ask interview panel members to confirm whether they have any declarations of interest.
If a member of staff in their reporting line, reports to a relative of a candidate or is a close colleague of a candidate's relative they should not be solely involved in the interview process. They may however be part of the panel, provided they have declared the reporting relationship to the interview panel.
Recruiting managers should ensure that where any member of an interview panel has a line management report who is a relative of a candidate, there should be an independent person appointed to the assessment panel e.g. an HR Business Manager or Adviser.
Heads of Department/Institution or Line Managers
When a member of staff declares they are working with a relative or a relationship develops, a review of responsibilities and line management should take place, led by the Head of Institution/line manager in consultation with the relevant HR Business Manager or Adviser.
Heads of Department/Institutions or line managers should try to ensure that there are not line management relationships between relatives wherever possible, whether it is in a direct or indirect sense. If this situation exists or develops a review of the management structure should be carried out, in consultation with the relevant HR Business Manager or Advisor, and alternative arrangements considered. This may include changing reporting relationships or individuals changing their jobs or changing location.
Heads of Department/Institutions should try to ensure that decisions with regards to staff matters are not taken by relatives. If this is not possible alternative arrangements should be put in place so that a senior, unrelated manager has oversight of these decisions.
Heads of Department/Institutions should ensure that members of staff do not bring their children into work to carry out their normal work.