1. Legal Framework and Compliance

1.1 Statutory Requirements

This policy complies with:

• Employment Rights Act 1996 - Mutual trust and confidence obligations

• Equality Act 2010 - Protection from harassment and discrimination

• Data Protection Act 2018 and UK GDPR - Confidentiality of personal information

• Human Rights Act 1998 - Right to privacy and family life

• Protection from Harassment Act 1997 - Prevention of workplace harassment

• Health and Safety at Work Act 1974 - Duty to provide safe working environment

1.2 ACAS Guidance Integration

This policy follows ACAS guidance on:

• Code of Practice on Disciplinary and Grievance Procedures - Proper channels for raising concerns

• Bullying and Harassment at Work - Creating respectful workplace environments

• Managing Conflict at Work - Constructive approaches to workplace disagreements

• Discipline and Grievances at Work - Fair treatment and due process

1.3 CQC Regulatory Standards

Professional Standards Compliance:

• CQC Fundamental Standards - Staff conduct and professional behaviour

• Fit and Proper Person Requirements - Integrity and good character expectations

• Duty of Candour - Open and honest communication culture

2. Policy Purpose and Scope

2.1 Objective

This policy promotes a positive, professional work culture that supports MoralCare's mission of delivering exceptional care while maintaining the highest standards of staff conduct and communication.

Legal Foundation: Under the Employment Rights Act 1996, there is an implied term of mutual trust and confidence between employer and employee, requiring respectful professional conduct.

2.2 Scope

Application: This policy applies to all MoralCare employees, including:

• Care workers and support staff

• Supervisory and management personnel

• Administrative and ancillary staff

• Temporary and agency workers

• Volunteers and work placement students

Coverage: All forms of communication including verbal, written, electronic, and social media interactions.

3. Definition of Unprofessional Communication

3.1 Gossip and Negative Communication

Legal Context: Under the Equality Act 2010, gossip that creates a hostile work environment may constitute harassment, particularly if it relates to protected characteristics.

Prohibited Behaviours Include:

• Discussing colleagues' personal matters without their presence or consent

• Spreading unverified information about individuals or company matters

• Making derogatory comments about colleagues, management, or service users

• Engaging in speculation that could damage reputations

• Encouraging others to participate in negative discussions

• Using social media to criticize colleagues or the company

3.2 ACAS Definition Alignment

Professional Standards: Following ACAS guidance on workplace behaviour, unprofessional communication includes any conduct that:

• Undermines colleagues or management

• Creates a hostile work environment

• Damages working relationships

• Affects service delivery quality

• Breaches confidentiality obligations

4. Impact Assessment and Legal Consequences

4.1 Workplace Impact

Evidence-Based Consequences: Research and ACAS guidance identify that gossip and negative communication can:

• Reduce team morale and productivity

• Increase staff turnover and recruitment costs

• Damage service user confidence and safety

• Create legal liabilities for harassment claims

• Compromise professional care standards

• Affect mental health and wellbeing of staff

4.2 Legal Implications

Potential Legal Consequences:

• Constructive Dismissal Claims: Creating hostile work environments

• Harassment Claims: Under Equality Act 2010

• Defamation Actions: False statements damaging reputation

• Data Protection Breaches: Sharing personal information inappropriately

• Professional Misconduct: Affecting CQC registration and compliance

5. Professional Communication Standards

5.1 Positive Communication Requirements

ACAS Best Practice Implementation:

Employees Must:

• Communicate directly with relevant managers about work concerns

• Use established grievance procedures for serious matters

• Maintain confidentiality of personal and professional information

• Speak respectfully about colleagues and management

• Focus discussions on work-related matters only

• Support colleagues through constructive feedback

Legal Foundation: Employment contracts contain implied terms requiring employees to maintain trust, confidence, and professional standards.

5.2 Proper Communication Channels

Structured Approach Following ACAS Guidance:

For Work-Related Concerns:

• Rota Issues: Discuss with scheduling coordinator

• Pay Queries: Contact payroll administrator

• Colleague Conflicts: Approach senior carer or manager

• Policy Questions: Consult line manager or Rebecca Williamson

• Serious Concerns: Use formal grievance procedure

Escalation Process:

1. Direct discussion with relevant person

2. Line manager involvement if unresolved

3. Formal grievance procedure for serious matters

4. External mediation if required (ACAS services)

6. Privacy and Confidentiality

6.1 Personal Information Protection

Legal Framework: Under Data Protection Act 2018 and Human Rights Act 1998:

• Employees have right to privacy regarding personal matters

• Discussing colleagues' private lives without consent may breach privacy rights

• Personal information must be processed fairly and lawfully

Protected Information Includes:

• Relationship status and family circumstances

• Health and medical information

• Financial situations and personal difficulties

• Home life and personal relationships

• Previous employment history

6.2 Professional Confidentiality

CQC and Professional Standards:

• Service user information must remain confidential

• Internal company matters require appropriate discretion

• Professional boundaries must be maintained at all times

• Breach of confidentiality may result in professional misconduct proceedings

7. Reporting Procedures and Whistleblowing

7.1 Legitimate Concerns

Legal Protection: Under Employment Rights Act 1996 and Public Interest Disclosure Act 1998, employees are protected when raising genuine concerns about:

• Health and safety violations

• Professional misconduct

• Breach of legal obligations

• Criminal activity

• Miscarriage of justice

Proper Reporting Channels:

• Immediate supervisor or line manager

• Rebecca Williamson, Managing Director

• External regulatory bodies (CQC, Local Authority)

• Professional bodies if applicable

7.2 ACAS Guidance on Raising Concerns

Best Practice Approach:

• Raise concerns promptly and constructively

• Use internal procedures before external reporting

• Focus on facts rather than speculation

• Maintain confidentiality during investigations

• Cooperate with legitimate inquiries

8. Three Golden Rules Framework

8.1 Legal Basis for Communication Standards

ACAS-Aligned Principles:

Rule 1: Relevance Test "If it doesn't concern you - do not discuss it"

• Legal Basis: Data protection principles require legitimate interest

• Application: Only discuss matters directly related to your role

• Exception: Legitimate whistleblowing concerns

Rule 2: Need-to-Know Principle "If it does not concern the person you wish to tell - do not discuss it"

• Legal Basis: Confidentiality obligations and privacy rights

• Application: Share information only with those who need to know

• Exception: Authorized reporting to management

Rule 3: Reputation Protection "If it could damage a company or person's reputation - do not discuss it"

• Legal Basis: Defamation law and duty of trust and confidence

• Application: Avoid statements that could harm reputations

• Exception: Protected disclosures under whistleblowing legislation

9. Disciplinary Framework

9.1 ACAS Code Compliance

Fair Disciplinary Process: Following ACAS Code of Practice on Disciplinary and Grievance Procedures:

Minor Breaches:

• Informal counseling and guidance

• Verbal warning with improvement expectations

• Additional training on professional communication

Serious Breaches:

• Formal written warning

• Final written warning

• Disciplinary action up to and including dismissal

Gross Misconduct:

• Gossip affecting service user safety

• Serious harassment or bullying

• Malicious defamation

• Breach of confidentiality causing significant harm

9.2 Aggravating Factors

Enhanced Disciplinary Response for:

• Communication in presence of service users or public

• Social media misconduct affecting company reputation

• Repeated violations after warnings

• Malicious intent to cause harm

• Breach of vulnerable adult safeguarding

10. Legal Remedies and Recovery

10.1 Civil Remedies

Legal Action for Serious Breaches: MoralCare reserves the right to pursue:

• Defamation Claims: For false statements damaging reputation

• Breach of Contract: For violation of confidentiality terms

• Injunctive Relief: To prevent continued harmful behavior

• Damages Recovery: For financial losses caused by misconduct

10.2 Financial Recovery

Quantifiable Damages May Include:

• Lost service user contracts

• Recruitment and training costs for replacement staff

• Reputational damage and marketing costs

• Legal fees and professional costs

• Management time dealing with consequences

11. Support and Training

11.1 Positive Communication Training

ACAS-Recommended Development:

• Professional communication skills

• Conflict resolution techniques

• Confidentiality and privacy awareness

• Stress management and emotional intelligence

• Team building and collaboration

11.2 Employee Support

Available Resources:

• Employee Assistance Programs

• Mediation services through ACAS

• Mental health and wellbeing support

• Professional development opportunities

• Regular supervision and feedback

12. Monitoring and Review

12.1 Policy Effectiveness

Regular Assessment:

• Annual staff surveys on workplace culture

• Exit interview feedback analysis

• Incident reporting and trend analysis

• Training effectiveness evaluation

• Legal and regulatory compliance review

12.2 Continuous Improvement

Update Triggers:

• Changes in employment law

• Updated ACAS guidance

• CQC regulatory changes

• Workplace culture feedback

• Best practice developments

13. Employee Acknowledgment

13.1 Understanding and Commitment

By signing below, I acknowledge that I have:

• Read and understood this Professional Communication Policy

• Received training on appropriate workplace communication

• Understand the legal implications of unprofessional conduct

• Commit to maintaining the highest standards of professional behavior

• Know how to access support and raise legitimate concerns

Employee Signature: _________________________ Date: _____________

Print Name: _________________________

Witness (Manager): _________________________ Date: _____________

14. Contact Information and Resources

14.1 Internal Support

• Rebecca Williamson, Managing Director: 01524 874110

• Line Manager: As designated in organizational structure

• Email: [email protected]

14.2 External Resources

• ACAS Helpline: 0300 123 1100 (free employment advice)

• Citizens Advice: Local branches for independent guidance

• CQC: 03000 616161 for care quality concerns

• Whistleblowing Helpline: Protect (formerly PCaW) - 020 3117 2520