The Company also aims to provide a service that does not discriminate against its clients and customers in the means by which they can access the services and goods supplied by the Company. The Company believes that all employees, customers and clients are entitled to be treated with respect and dignity.
Objectives of this Policy
To prevent, reduce and stop all forms of unlawful discrimination in line with the Equality Act 2010. To ensure that recruitment, promotion, training, development,
assessment, benefits, pay, terms and conditions of employment, redundancy and dismissals are determined on the basis ofcapability, qualifications, experience, skills and productivity.
Definition of Discrimination
Discrimination is unequal or differential treatment which leads to one person being treated more or less favourably than others are, or would be, treated in the same or similar circumstances on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation. Discrimination may be direct or indirect, and includes discrimination by perception and association.
Types of Discrimination: Direct Discrimination
This occurs when a person or a policy intentionally treats a person less favourably than another on the grounds of race, sex, pregnancy and maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.
This is the application of a policy, criterion or practice which the employer applies to all
employees but which is such that: it is it detrimental to a considerably larger proportion of people from the group that the person the employer is applying it to represents; the employer cannot justify the need for the application of the policy on a neutral basis; and the person to whom the employer is applying it suffers detriment from the application of the policy, e.g. a requirement that all employees must be 6ft tall if that requirement is not justified by the position would indirectly discriminate against employees with an oriental ethnic origin, as they are less likely to be able to fulfil this requirement.
This occurs when a person is subjected to unwanted conduct that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
This occurs when a person is treated less favourably because they have bought or intend to bring proceedings or they have given or intend to give evidence.
Unlawful Reasons for Discrimination
It is not permissible to treat a person less favourably on the grounds of sex, marital status, civil partnership, pregnancy or maternity, gender reassignment or transgender status. This applies to men, women and those undergoing or intending to undergo gender reassignment. Sexual harassment of men and women can be found to constitute sex discrimination. Example: Asking a woman during an interview if she is planning to have any (more) children constitutes discrimination on the ground of gender.
It is not permissible to treat a person less favourably because of their age. This applies to people of all ages. This does not currently apply to the calculation of redundancy payments.
It is not permissible to treat a disabled person less favourably than a non-disabled person. Reasonable adjustments must be made to give the disabled person as much access to any services and ability to be employed, trained, or promoted as a non-disabled person.
It is not permissible to treat a person less favourably because of their race, the colour of their skin, their nationality or their ethnic origin.
It is not permissible to treat a person less favourably because of their sexual orientation. For example, an employer cannot refuse to employ a person because s/he is homosexual, heterosexual or bisexual.
Religion or Belief
It is not permissible to treat a person less favourably because of their religious beliefs or their religion or their lack of any religion or belief.
Levels of staffing are kept under regular review by the Directors and Senior Management Team to ensure that the Company’s services are delivered in the most efficient and cost effective manner possible. If it is necessary to recruit staff, that recruitment will be undertaken in such a way as the Directors and Head of Human Resources shall decide. Ordinarily this will be by means of direct media advertising, through the medium of an approved recruitment agency; internet recruitment sites; direct head-hunting; and internal advertising. All candidates will, where possible, be given a copy of the relevant job description/person specification so they can ascertain their own suitability for a position. All interviewees will be informed that they must provide upon request, documents or other information which verify their ability to work for the Company. These documents will include, but will not be limited to; certificate of identity (passport or driving licence); confirmation of residential address (utility bill no more than 3 months old); originals of training and educational certificates; national insurance number; contact telephone number(s); employment history; the names and addresses of two referees.
Positive Action in Recruitment
Under the Equality Act 2010, positive action in recruitment and promotion applies as of 6 April 2011. ‘Positive action’ means the steps that the Company can take to encourage people from groups with different needs or with a past record of disadvantage or low participation, to apply for positions within the Company.
If the Company chooses to utilise positive action in recruitment, this will not be used to treat people with a protected characteristic more favourably, it will be used only in tie-break situations, when there are two candidates of equal merit applying for the same position.
The Company has a duty to make reasonable adjustments to facilitate the employment of a disabled person provided such adjustments are within the financial means of the Company. These may include, but will not be limited to: making adjustments to premises where practicably possible; re-allocating some or all of a disabled employee’s duties; transferring a disabled employee to a role better suited to their disability; providing training or mentoring for a disabled employee; supplying or modifying equipment, instruction and training manuals for disabled employees; or any other adjustments that the Company considers reasonable and necessary.
Responsibility for theImplementation of this Policy
All employees, subcontractors and agents of the Company are required to act in a way that does not subject any other employees, customers or clients to direct or indirect discrimination, harassment or victimisation on the grounds of their race, sex, pregnancy or maternity, marital or civil partnership status, gender reassignment, disability, religion or beliefs, age or sexual orientation.
The co-operation of all employees is essential for the success of this Policy. Senior employees are expected to follow this Policy and to try to ensure that all employees, subcontractors and agents do the same. They will not instruct, induce, attempt to induce or pressurise other employees to act in breach of this Policy.
All employees, whatever their position within the Company, have responsibility for ensuring the effective implementation of this policy in their day to day activities and working relationships with their colleagues. At all times, employees will respect the sensitivities of others and will refrain from any activities which are contrary to the content or spirit of this Policy.
Employees may be held independently and individually liable for their discriminatory acts by the Company and in some circumstances an Employment Tribunal may order them to pay compensation to the person who has suffered as a result of discriminatory acts.
The Company takes responsibility for achieving the objectives of this Policy, and endeavours to ensure compliance with relevant Legislation and Codes of Practice.
Acting on Discriminatory Behaviour
In the event that an employee is the subject or perpetrator of, or witness to, discriminatory behaviour, please refer to the Company’s Disciplinary and Grievance Procedures which are contained in the Employee Handbook and/or available from the Human Resources Department. In all cases advice should be sought from the Head of Human Resources.
The Extent of the Policy
The Company seeks to apply this Equality & Diversity Policy in the recruitment, selection, training, appraisal, development and promotion of all employees. The Company conducts its business and offers goods and services in a fashion that complies with the spirit of this Policy.
This Policy does not form a part of any employment contract with any employee and its contents are not to be regarded by any person as implied, collateral or express terms to any contract made with the Company. The Company reserves the right to amend and update this Policy at any time.