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We are committed to a policy of equal opportunities in employment, not only for legal requirements (Equality Act 2010), which necessitate compliance, but more importantly, the provision of equal opportunities is fundamental in the way in which we function as a business.
The promotion of an effective policy fits naturally into the business environment, how we deal with our customers and our internal procedures for employees.
We will take all reasonable steps to employ, train and promote employees based on their experience, abilities and qualifications without regard to race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment, age, marital or civil partnership status or disability.
We will also take all reasonable steps to provide a work environment in which all employees are treated with respect and dignity and that is free of harassment based upon an employee’s race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment, age, marital or civil partnership status or disability.
We will not condone any form of harassment, whether engaged in by employees or by outside third parties who do business with our company. Employees have a duty to co-operate with our company to ensure that this policy is effective in ensuring equal opportunities and in preventing discrimination, harassment or bullying.
Action will be taken under the disciplinary procedure against any employee who is found to have committed an act of improper or unlawful discrimination, harassment, bullying or intimidation. Serious breaches of this equal opportunities and dignity at work statement will be treated as potential gross misconduct and could render the employee liable to summary dismissal.
Employees should also bear in mind that they could be held personally liable for any act of unlawful discrimination. Employees who commit serious acts of harassment may also be guilty of a criminal offence.
You must not victimise or retaliate against an employee who has made allegations or complaints of discrimination or harassment or who has provided information about such discrimination or harassment.
Such behaviour will be treated as potential gross misconduct in accordance with the disciplinary procedure.
We are committed to providing equality of opportunity for all employees by:
Legislation covers age, gender, marital or family status; gender reassignment; race, colour, nationality, ethnic or national origin; disability; sexual orientation, religion/belief; Trade Union membership or non-membership and in Northern Ireland political opinion.
There are significant penalties associated with unlawful discrimination for both the organisation and the individual. All employees, therefore, have a duty and a responsibility to respect this policy and act in accordance with it. Acts, which breach this policy, will not be tolerated and will be regarded as misconduct, which could lead to disciplinary proceedings being taken against the offending employee in accordance with the disciplinary procedure. Under equal opportunities, legislation employees can be made personally liable for acts of discrimination.
If anyone believes that he/she has suffered any form of discrimination, harassment or victimisation he/she is entitled to raise the matter through the formal Grievance Procedure. Acts, which breach this policy, will not be tolerated and will be regarded as misconduct, which could lead to disciplinary proceedings being taken against the offending employee in accordance with the disciplinary procedure.
Legislation also covers witnesses to any unacceptable act if they feel the conduct they have witnessed creates an offensive and degrading environment for them.
Unfair and unlawful discrimination in employment occurs as a result or prejudice, misconception and stereotyping which hinders the proper consideration of an individual’s skills, abilities, potential and experience. It can be direct or indirect, intentional or unintentional.
Unlawful direct discrimination occurs when a person is treated less favourably than another on the grounds of gender or marital status; age, race, colour, nationality or ethnic or national origin or sexual orientation or religion or belief where the reason for the less favourable treatment is that he or she suffers from a disability, is pregnant or on maternity leave; and in Northern Ireland political opinion.
Direct discrimination, for example, can occur where a person is refused a job, training or promotion in any of these circumstances.
For the purposes of the Disability Discrimination legislation, the definition of “disability” is far wider than what may be expected of pre-conceived notions of disability in common parlance.
An employee may be disabled if he or she suffers from a physical or mental impairment, which has a substantial and long-term adverse effect on his or her ability to carry out, normal day to day activities. The following have been held to amount to a “disability”: agoraphobia, ME, HIV, anxiety and depression, schizophrenia and learning disability.
Disability Discrimination occurs when an individual is unjustifiably disadvantaged in employment or recruitment for a reason connected with his or her disability unless the discrimination cannot be avoided, by making reasonable adjustments.
E.g. failure to recruit a wheelchair user, without first considering whether the working arrangements or premises can be reasonably adapted to meet the individual’s needs.
Unlawful indirect discrimination occurs when a condition or requirement is applied to all people, but which in practice is such that fewer people in certain groups are able to comply and it cannot be shown to be justifiable. Some practices may look fair, but have unintended discriminatory effects.
Indirect discrimination on the grounds of race can occur for example, where a company makes a GCSE or Higher Grade English qualification a requirement as a selection criterion. This would have a disparately adverse impact on people educated overseas and may not be justified if all that is required for the job is to demonstrate a level of literacy.
Victimisation can occur when a person is treated less favourably than another person is, because he/she has brought proceedings, given evidence or complained about the behaviour of someone who has been discriminating against him/her or harassing him/her or others. Victimisation itself can be unlawful.
There are significant penalties associated with unlawful discrimination for both the employee and the company. The excuse of “not knowing” about the legislation is not an acceptable defence; therefore, it is important that we are all aware of our responsibilities in this regard.
It is up to each of us, and particularly management, to promote self-awareness and to cultivate the appropriate business behaviours amongst employees who report to them.
It is important that we do not allow unfair or unjustified assumptions about specific groups of people influence our behaviour and interactions in the workplace.
The recruitment process will be conducted in such a way as to result in the selection of the most suitable person for the job in terms of relevant experience, abilities and qualifications.
We are committed to applying its equal opportunities policy statement at all stages of recruitment and selection.
Where vacancies may be filled by promotion or transfer, they will be published to all eligible employees in such a way that they do not restrict applications from employees of any particular gender, sexual orientation, age, religion or racial group or from employees with a disability.
The selection process will be carried out consistently for all jobs at all levels. All applications will be processed in the same way. The staff responsible for short-listing, interviewing and selecting candidates will be clearly informed of the selection criteria and of the need for their consistent application. Person specifications and job descriptions will be limited to those requirements that are necessary for the effective performance of the job.
Wherever possible, all applicants will be interviewed by at least two interviewers and all questions asked of the applicants will relate to the requirements of the job. The selection of new staff will be based on the job requirements and the individual’s suitability and ability to do, or to train for, the job in question.
With disabled job applicants, the company will have regard to its duty to make reasonable adjustments to work provisions, criteria and practices or to work premises in order to ensure that the disabled person is not placed at a substantial disadvantage in comparison with persons who are not disabled.
If it is necessary to assess whether personal circumstances will affect the performance of the job (for example, if the job involves unsociable hours or extensive travel), this will be discussed objectively, without detailed questions based on assumptions about race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment, age, marital or civil partnership status, disability, children and/or domestic obligations.
We will train all manager/supervisors on our policy on equal opportunities and in helping them identify discriminatory acts or practices or acts of harassment or bullying.
Managers/supervisors will be responsible for ensuring they actively promote equal opportunity within the departments for which they are responsible.
We will also provide training to all employees to help them understand their rights and responsibilities in relation to ‘dignity at work’ guiding them in what they can do to create a work environment that is free of bullying and harassment.
Where a promotional system is in operation, it will not be discriminatory and it will be checked from time to time to assess how it is working in practice.
When a group of workers predominantly of one race, religion, sex, sexual orientation or age group or a worker with a disability appears to be excluded from access to promotion, transfer and training and to other benefits, the promotional system will be reviewed to ensure there is no unlawful discrimination.
All terms of employment, benefits, facilities and service will be reviewed from time to time, in order to ensure that there is no unlawful discrimination on the grounds of race, colour, ethnic origin, nationality, national origin, religion, belief, sex, sexual orientation, gender reassignment, age, marital, civil partnership status, or disability.
We are committed to equal pay in employment. It believes its male and female employees should receive equal pay for like work, work rated as equivalent or work of equal value.
In order to achieve this, we will endeavour to maintain a pay system that is transparent, free from bias and based on objective criteria.
Bullying is offensive or intimidating behavior or an abuse or misuse of power which undermines or humiliates an employee.
Harassment occurs where, on the ground of an employee’s race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation, gender reassignment, age, marital or civil partnership status or disability, a person engages in unwanted conduct that:
Conduct may be harassment whether or not the person intended to offend. Something intended as a “joke” or as “office banter” may offend another person.
This is because different employees find different levels of behaviour acceptable and everyone has the right to decide for themselves what behaviour they find acceptable to them. Legislation also covers ‘witnesses’ to such an act if they believe the conduct creates an offensive and degrading environment for them.
Behaviour which a reasonable person would realise would be likely to offend an employee will always constitute harassment without the need for the employee having to make it clear that such behaviour is unacceptable, for example, touching someone in a sexual way.
With other forms of behaviour, it may not always be clear in advance that it will offend a particular employee, for example, office banter and jokes.
In these cases, the behaviour will constitute harassment if the conduct continues after the employee has made it clear, by words or conduct, that such behaviour is unacceptable to him or her. A single incident can amount to harassment if it is sufficiently serious.
Harassment also occurs where, on the ground of the employee’s rejection of or submission to unwanted conduct of the kind specified above, a person treats the employee less favourably than he or she would treat him or her had he or she not rejected, or submitted to, the unwanted conduct.
Examples
Bullying and harassment may be verbal, non-verbal, written or physical. Examples of unacceptable behaviour include, but are not limited to, the following:
All allegations of discrimination or harassment will be dealt with seriously, confidentially and speedily.
We will not ignore or treat lightly grievances or complaints of discrimination or harassment from members of a particular race, colour, ethnic origin, nationality, national origin, religion or belief, sex, sexual orientation or age or from employees, who have undergone gender reassignment, are married, have entered into a civil partnership or have a disability.
With cases of harassment, while we encourage employees who believe they are being harassed to notify the offender (by words or by conduct) that his or her behaviour is unwelcome, we also recognise actual or perceived power and status disparities may make such confrontation impractical.
All employees have the right to a working environment free from unfair discrimination, harassment or victimisation of any kind.
It is important than anyone experiencing any of these types of behaviour does not ignore the problem. Confidential advice and counselling can be made available.
It can be made clear to the person concerned that the behaviour is considered offensive and that it must stop.
An employee who feels unable to do this should ask his/her manager/supervisor or, or if the manager/supervisor is directly involved, a colleague or another manager to speak to the individual.
This is an informal way of approaching the problem, however, if the situation persists then it should be raised formally through the Grievance Procedure.
It is not necessary to have told the person whose behaviour is causing concern to stop or to have gone through the informal steps before making a formal complaint. Complaints should be raised as soon as possible so that the matter can be dealt with quickly.
While it is preferable that a formal complaint should be made in writing, this will not preclude the investigation of a complaint, which has been made verbally.
The matter should be raised first with the complainant’s manager/supervisor. If this would cause embarrassment or if the complainant feels it inappropriate, for example, if the manager is the subject of the complaint, then the matter should be raised with the Managing Director.
A confidential interview will be arranged to establish the full details. A prompt and thorough investigation will be carried out by an impartial investigator.
It is useful to keep a record of events, incidents and dates to assist the investigation.
If you wish to make a complaint of discrimination or harassment, you should follow the following steps:
Alternatively, you may, if you wish, use the grievance procedure to make a complaint. The formal procedure will provide:
If the investigation reveals that the complaint is well founded, prompt attention and disciplinary action designed to stop the behaviour immediately and prevent its recurrence will be taken. Disciplinary action against the person alleged to have committed the behaviour complained about may include dismissal, depending on the seriousness of the misconduct.
Any employee who is found to have discriminated against or harassed another employee in violation of this policy will be subject to disciplinary action under our disciplinary procedure. Such behaviour may be treated as gross misconduct and could render the employee liable to summary dismissal. In addition, manager/supervisors who had knowledge that such discrimination or harassment had occurred in their departments but who had taken no action to eliminate it will also be subject to disciplinary action under the disciplinary procedure.
If the investigation reveals that the complaint is malicious, disciplinary action may be taken against the complainant.
Employees will be protected from intimidation, victimisation or discrimination should this occur as a result of filing a complaint or assisting in an investigation. Retaliation against an individual complaining about harassment is a disciplinary offence.
We will regularly monitor the effects of selection decisions and personnel and pay practices and procedures in order to assess whether equal opportunity and dignity at work are being achieved.
This will also involve considering any possible indirectly discriminatory effects of its working practices. If changes are required, we will implement them.
We will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.