Our Equality & Diversity Policy Statement
Committed to promoting equality and valuing diversity.
Thank you for reading our Equality and Diversity policy. The policy includes a number of important sections;
Statement of commitment to Equality and Diversity
Responsibilities of staff, managers, directors and learners
How we put the policy into practice
How to make a complaint
Dignity at work policy
Racial Equality policy
Disability statement
Resettlement of offenders policy
Statement of Durham Business Club: -
The organisation:
- We are committed to the elimination of unfair treatment & discrimination and will promote equality and diversity, and strive to ensure that all staff, learners and visitors are treated with dignity and respect.
- We will strive to create an accessible institution and to extend opportunities to all sectors of the community, in particular Any sector of our community that is under – represented.
- We aim to ensure that no applicant, employee, learner or visitor does not receive any less favourable treatment on the grounds of age, disability, special needs, gender, marital status, sexual orientation, religion, belief, race, colour, nationality, ethnic or national origin, or any other grounds, or is disadvantaged by conditions or requirements which cannot be justified by specific reference to the job, situation or course of learning.
- We aim to ensure that Durham Business Club fully complies with legislation. See appendix one for a summary of current legislation.
- Durham Business Club is committed to the fair treatment of its staff, potential staff or users of its services, regardless of offending background.
- We recognise that working towards genuine equality and diversity is
central to the efficiency and development of the organisation and the assurance of high quality training.
This policy along with our dignity at work policy explains what is required of staff, learners and visitors as well as outlining what anyone should do if they believe that a breach of this policy has occurred.
Aims and Objectives
The aims and objectives of this policy are to ensure that:
1. RECRUITMENT, SELECTION AND EMPLOYMENT:
- Individuals are selected on the basis of their abilities and potential. Are given equal opportunities and the development needed to progress within the organisation
2. LEARNERS, PROSPECTIVE LEARNERS AND VISITORS:
- Every learner or visitor will be treated fairly and will not receive less favourable treatment on the grounds outlined in the statement.
- All applicants are treated on the basis of their ability and potential for the training they have chosen and will be given equal access
Responsibilities
1. MANAGEMENT
Managers must:
- Ensure that the Equality and Diversity Policy aims and objectives are understood and implemented by all employees and self employed people engaged in delivery of training.
- Behave in a manner that fulfils the requirements of this policy.
- Ensuring this policy is monitored and developed where appropriate.
- Take action when standards of conduct and behaviour of individuals do not comply with the policy.
- Identify and act upon any practices, procedures or customs, which unfairly discriminate.
- Utilise established grievance and disciplinary procedures to protect
employees and learners from unfair or discriminatory behaviour. - Strive to provide a fair and accessible environment for working and learning.
2. EMPLOYEES
It is every employees responsibility to;
- Treat all colleagues and learners with dignity and respect,
- To ensure that anyone with whom they deal are treated with dignity and respect,
- To challenge any behaviour from other employees or learners that may breach the principles outlined in this policy.
- If a colleague asks you to change the way that you treat them that you comply with the request.
3. LEARNERS
It is every learners responsibility to treat other learners and employees of DBC and placement colleagues with dignity and respect,
To challenge any behaviour from other learners that may breach the principles of this policy.
4. THE OPERATIONS DIRECTOR
The Operations Director will ensure that all outside contractors are aware of how to conduct themselves whilst on DBC premises and;
- Reviewed this policy annually as a minimum and amend, where necessary, in the light of current legislation, practice and circumstances.
- Keep both new and existing staff up to date with any changes to this policy.
- Regular reinforcement will be planned and implemented for staff and learners.
The organisations development plans will focus on equality & diversity and to continuously improve current practices. - Report to the Board and be responsible for the implementation and development of the Policy.
- Monitor the effects of this policy by the analysis of data which is current, specific and accurate. The data will be used to plan changes in delivery to address areas of under-representation
- Ensure that Tutors assess the needs, experience and interests of learners and develop an effective delivery plan which avoids stereotyping or prejudice.
- Ensure that learners are allocated a mentor to guide and support learners during their training.
- Employment policies and procedures will be reviewed to ensure equality & diversity is embedded.
5. WORKING PRACTICES
5.1 Pregnancy
The Organisation recognises that women may need changes to their work conditions and will consider requests for such changes.
5.2 Antenatal and Postnatal Care
Reasonable time off with pay will be given to both full and part time employees who are pregnant to attend antenatal classes and medicals.
5.3 Maternity/Paternity Leave and Pay
These are in accordance with legislation and are set out in the Conditions of Service.
5.4 Time Off for Dependants
All employees will have the right to take reasonable time off work to deal with an emergency involving a dependent.
5.5 Flexible Hours, Job Sharing and Homeworking
The organisation has adopted flexible working practices. In addition, consideration will be given to employees to facilitate caring responsibilities. Requests for job sharing or part-time working to meet employees’ needs of shorter hours will also be considered. The above considerations will, however, have due regard to the Organisation’s operational requirements.
5.6 Retirement
Our retirement age is 65 but all employees have the right to request to continue to work beyond 65.
Should any learner or employee believe that they have not been treated with dignity and respect then they should make a complaint in line with section 2.
Any Director, Manager, Employee or Learner found to be in breach of this policy may be subject to disciplinary action.
Section Two
1. WHAT TO DO IF A PROBLEM OCCURS
The procedure for resolving breaches of this policy is as follows:
- Should a member, employee or learner believe that a breach of the policy has occurred, whether it affects him or her personally or whether he or she observes that breach affecting others, that individual is to rectify the matter if it is within his or her competence and authority so to do.
- Members, employees and learners of DBC, recognising that it is in the interests of all that harmonious relations are maintained and promoted, are to if possible seek to resolve such matters in a supportive and informal manner by friendly discussion in whatever forum or grouping is appropriate to the circumstances.
- If the matter cannot be resolved it should be referred to the WBL Director or if not appropriate an Executive Director or line manager. They will appoint an investigation officer (they may decide to investigate themselves)
- When an incident is successfully resolved under the procedures set out in paragraphs a, b or c above, the person or persons responsible for that resolution are to report the facts of the case to an Executive Director. All such reports are to be classified as ‘confidential’ and safeguarded appropriately.
- An Executive Director will investigate individual or collective complaints from employees in connection with the Equality and Diversity Policy and provide advice and/or assistance as appropriate.
- An Executive Director will be responsible for the investigation of complaints for or against learners in connection with the Equality and Diversity Policy and provide advice and/or assistance as appropriate.
If after an investigation it is considered that a breach of this policy may have occurred the matter may proceed to a disciplinary hearing. This will be conducted in accordance with DBC disciplinary process.
2. MONITORING AND EVALUATING EQUAL OPPORTUNITIES
The WBL Director is responsible for making the necessary arrangements to gather, record, store and produce in appropriate form, statistical data required for monitoring equal opportunities, as it applies to learners. Requests to learners for information will be made in a lawful manner, taking care to respect and safeguard the privacy and self respect of the persons questioned.
The Operations Director is responsible for staff information, the evaluation of data supplied from staff and for putting forward the necessary recommendations resulting from evaluation.
3. PUBLICITY, MARKETING AND RECRUITMENT OF LEARNERS
DBC will review marketing and the recruitment procedures at regular intervals.
The intention is :
- All materials printed or otherwise, produced for publicity do not discriminate against groups or individuals.
- Staff do not discriminate during selection procedures.
- When distributing marketing materials, the choice of target groups should include all people in the community and not discriminate against individuals or groups of people.
- Learning publicity states DBC’s Disability Statement is available upon request and alternative methods of applying are also available.
- Specific information is requested from the applicant if it is necessary to identify specific requirements to enable the individual to engage in learning. If the information appears to be of a discriminatory nature the manner of the request must indicate the purpose for which it is required.
- Collaboration between partners in learning will be developed with the aim of engaging people into non traditional areas of study.
4. PROVISION OF LEARNING
It is the responsibility of tutors when designing training plans and resources to ensure the Equality and Diversity Policy is implemented, and learning engages people from under-represented groups.
Consideration is given to the needs of individuals when timetabling learning to suit particular groups of people, locations & resources which are accessible for disabled/mobility impaired people.
5. REVIEW OF TRAINING RECRUITMENT PATTERNS
The monitoring process will include statistical analysis of each area of learning on a regular basis. If analysis shows a particular group are not able to engage in learning due to recruitment patterns a review will be carried out to explore alternative recruitment patterns to engage all people in the community.
6. LEARNER ASSESSMENT
Assessment will be adapted where possible to engage all learners. (refer to access to assessment policy)
All staff must take care not to discriminate unfairly during assessment. Resources are non-stereotyped and contain references, where possible, to work done in the field by men and women. The assessor should seek to draw evenly on the experience of all learners.
7. WORK PLACEMENT/EMPLOYMENT
As part of the general preparation for the world of work, equality & diversity training is scheduled periodically, with reinforcement at reviews.
Employers awareness is raised during reviews, staff monitor the treatment of learners during assessment activities and reviews. Learners are also encouraged to speak openly about their treatment at work/placement.
Learner complaints/feedback will be investigated promptly by the learners tutor or a Director and the matter discussed with the employer where appropriate following procedures set in the Operations Manual.
8. LEARNER GUIDANCE
Learners will be offered guidance in personal, training and vocational fields together with finance and welfare advice in accordance with the Equality and Diversity policy.
- These services are available to all learners, irrespective of age, disability, special needs, gender, marital status, sexual orientation, religion, belief, race, colour, nationality, ethnic or national origin, or any other grounds.
- Every opportunity will be used to promote positive thinking about employment opportunities in a non-stereotyped way, both attitudinally and by giving attention to literature and displayed materials, not only from the aspects of gender and cultural background but also social background.
- Attention will be given to establishing equality of opportunity by challenging traditional job training or educational stereotyping where it exists at present.
9. MEETINGS ON EQUAL OPPORTUNITIES
To facilitate the implementation of equal opportunities within DBC the following initiatives will be taken:
A. Equal Opportunities-Staff Meetings
- To discuss issues related to equal opportunities.
- Exchange information and develop good practice.
- Promote a climate, which acknowledges the need for change in order to achieve equal opportunities.
- Assist in the initiation, monitoring and evaluation of statements and action of Equal Opportunities.
- Make proposals for those areas where an application of financial resources would be beneficial to promote equal opportunities.
- Encourage and, where possible, facilitate the preparation of bids for financial support for equal opportunities development and subsequent support for such projects.
- Seek to ensure that equal opportunities issues are fully taken into consideration in the deliberations and decisions of all areas of DBC.
- Report through the WBL Director to the DBC Board of Directors.
B. The WBL Director
Will carry the following responsibilities:
- Be an immediate point of advice and support for all staff and learners on all issues concerning equal opportunities
- Assist in monitoring and evaluating the implementation of equal opportunities
- To assist in the planning, delivery and evaluation of staff development for equal opportunities.
Colleagues are encouraged to discuss issues of equal opportunities with the WBL Director who will provide advice and guidance, suggesting opportunities for staff development.
Dignity at Work Policy
1. AIM OF THE POLICY
The aim of this policy is to secure a working and learning environment, which is secure, supportive and free from any form of harassment and bullying and in which all employees and learners are treated with dignity and respect. This policy is an important part of our overall commitment to equality of opportunity and treatment.
2. POLICY STATEMENT
2.1 DBC is committed:
- To standards of individual and corporate behaviour which are respectful, courteous and fair;
- The right of all employees and learners to be treated with dignity and respect.
- Comply fully with legislation (see appendix1)
2.2 Harassment and bullying are insulting and demeaning to any individual and seriously undermine not only the dignity of individuals but also the integrity of DBC. Behaviour of this kind can damage the employment prospects, training opportunities, self-confidence and the health and well being of employees and learners alike. Therefore, neither harassment nor bullying will be tolerated.
2.3 All known instances of such behaviour will be dealt with through the use of clearly defined procedures. This may be on an informal basis, as set out elsewhere in this policy, or formally by utilisation of grievance and/or disciplinary procedures, which can result in dismissal (of employees) or expulsion of learners.
2.4 Furthermore, where an individual seeks either a civil or criminal remedy for harassment or bullying behaviour (under the protection from harassment Act 1997 or any other relevant legislation), DBC will provide that individual with all possible assistance and support.
3. MANAGERIAL AND BOARD RESPONSIBILITY
3.1 Board Members and managers are committed to DBC’s Dignity at work policy and accept that they are responsible for its implementation, monitoring and evaluation.
3.2 It is the responsibility of every Director and Manager to take action to ensure that:
- All employees and learners for whom she or he is responsible are aware of and understand the policy and have access to training where appropriate.
- All employees for whom she or he is responsible understand that they are responsible for their action and behaviour under this policy, even in situations where there may not have been a complaint.
- The complaints procedure is invoked when a relevant complaint is brought to her or his notice.
- At all times her or his own conduct and management style are within the spirit and requirements of this policy.
Training opportunities will be provided for managers to ensure that they are able to exercise these responsibilities.
4. EMPLOYEES AND LEARNER RESPONSIBILITY
4.1 All employees and learners must help to ensure that the aim of the Dignity at Work Policy is met. In particular employees and learners should not ignore any act of harassment or bullying against anyone in DBC but should deal with any such action as set out in the section ‘Complaints Procedure’ of this policy.
5. COMPLAINTS PROCEDURE
5.1 Informal Procedure
In some instances the recipient of harassment or bullying will just want it to stop. In this case, the alleged offending person should be advised, either verbally or in writing, that their alleged behaviour is not acceptable. The complainant may feel able to do this themselves or they may want someone to accompany them, or even to approach the alleged offending person on their behalf.
Formal Procedure
A formal complaint should be made in writing and submitted to the WBL Director. The WBL Director will take appropriate action on the complaint (normally by carrying out an investigation). The person making the complaint will be informed as to what action is being taken and informed when an investigation is complete.
At any time during any procedure any discussion will be confidential and no action will be taken without the consent of the complainant. The only exception to this is where a manager considers the incident to be so serious that immediate action should be taken, in which case the manager concerned will inform the complainant that this action is to be taken.
5.2. Keeping a Record
5.2.1 It is important that anyone who believes that they have suffered from harassment or bullying should keep notes of the details outlined below for each incident and that they are made as soon after the event as possible. Detailed notes should include the following:
- Date;
- Time;
- Place;
- Name of Person harassing/bullying them;
- Their view of what happened;
- How the complainant actually felt at the time;
- Name(s) of any witness;
- Action taken and whether reported to management;
- Any correspondence relating to the incidents and subsequent complaints;
5.2.2. Persons assisting a complainant in any informal procedure should keep notes as outlined in section 5.2.1 of this policy.
6. MONITORING
6.1 In order to assess the effectiveness of DBC’s Dignity at work policy, a record of notified incidents and management responses will be kept by the WBL Director who will act as the ‘harassment and bullying contact manager’. Liaison should take place with personnel and/or line managers where appropriate.
6.2 An annual report on the operation of this policy and its procedures will be submitted to the Board of Directors, where appropriate.
7. COUNSELLING
7.1 Any member of staff or learners may use a confidential telephone counselling service provided by Mental Health Matters. Anyone wishing to use this service should telephone the help line on 0845 560 2034. Calls will be charged at the local rate.
Definitions and Examples of Harrassment and Bullying
Definitions and Examples of Harrassment and Bullying
1. Harassment
1.1 Definition
The Sex Discrimination Act states that a person subjects a woman to harassment if – (and visa-versa)
on the ground of her sex, he engages in unwanted conduct that has the purpose or effect
of violating her dignity, or
of creating an intimidating, hostile, degrading, humiliating or offensive environment for her,
or
he engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of violating her dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for her
or
on the ground of her rejection of or submission to unwanted conduct [of this kind], he treats her less favourably than he would treat her had she not rejected, or submitted to, the conduct.
Harassment on the grounds of gender reassignment is also unlawful and is covered by a provision equivalent to the one that outlaws harassment on the ground of sex.
These provisions go on to say that:
conduct shall be regarded as having the effect [of violating the claimant’s dignity or creating an intimidating, hostile etc environment for that person] only if, having regard to all the circumstances, including in particular the perception of the claimant, it should reasonably be considered as having that effect.
It is the affect of the behaviour of the individual or group against whom it is directed, not the intentions behind this behaviour, which determines whether it is harassment.
1.2 Examples:
The following list is not exhaustive.
- Comments, jokes, banter, insults, offensive language, cartoons and graffiti related to age, disability, religion, nationality or national origin, race or ethnic origin, sex or sexual orientation.
- Offensive or unwanted comments about dress or physical appearance.
- Display of pornographic or sexually suggestive pictures, pin-ups and calendars, or display of other offensive objects.
2. Bullying
2.1 Definition
Bullying can be defined as a form of intimidating, malicious and insulting behaviour which alarms the individual towards whom it is directed, or affects her or his dignity or self esteem, or causes him or her distress or fear, or leads to him or her feeling humiliated.
Bullying includes the abuse of power or authority in such a way that an individual is treated with contempt and indifference, undermined and unreasonably criticised whether in public or private.
2.2 Examples
The following list is not exhaustive.
- Offensive comments, jokes, banter, insults, language at the expense of an individual.
- Shouting at an individual.
- Making life deliberately difficult for an individual who has the potential to do the bully’s job better than the bully. It is the affect of the behaviour on the individual towards whom it is directed, not the intentions behind this behaviour, which determines whether it is Bullying.
RACIAL EQUALITY POLICY STATEMENT
1. Racial Equality Policy Statement
1.1 DBC celebrates and values the diversity brought to its workforce by individuals. DBC will treat all employees and learners with respect and dignity and seek to provide a positive working and learning environment free from racial discrimination, harassment or victimisation.
1.2 DBC will seek not only to eliminate discrimination but also to create a working and learning environment based on positive relations between members of different racial groups. To this end DBC undertakes to provide training and support for staff and to provide diverse images in any material which it produces for learners and staff. The aim is to create a positive inclusive ethos where issues of racism, stereotyping and discrimination can be discussed openly with a shared commitment to challenging and preventing racism and discrimination, to respecting diversity and difference and to encourage good relations between people of different groups.
1.3 DBC will work towards the elimination of racism whether overt or covert, and will seek to ensure that individuals and communities have equal access to learning programmes and facilities.
2. Definitions and Scope
2.1 Both institutional and individual racism “can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness, and racist stereotyping which disadvantages ethnic minority people”. (Macpherson)
2.2 DBC recognises that institutional racism can exist and that no organisation is immune to it.
2.3 This Policy statement is applicable to both DBC staff and learner matters.
3. Our Statutory Duties
3.1 Under the race relations act 1976 (as amended by the Race Relations (amendment) Act 2000) DBC has a general duty to have due regard to the need to:
- Eliminate unlawful race discrimination.
- Promote equality of opportunity.
- Promote good relations between people from different racial groups.
3.2 It also has specific duties to:
- Prepare and maintain a written race equality policy.
- Assess the impact of its policies on learners and staff from different racial groups.
- Monitor the admission and progress of learners and the recruitment and career progress of staff by racial groups.
- Set out DBC arrangements for publishing the results of assessments and monitoring.
- Where reasonably practicable publish annually the results of assessments and monitoring.
4. Meeting Our Duties
4.1 We will seek to ensure that:
- Directors, staff, learners and their placement providers are aware of our racial equality policy and the action needed for its implementation.
- Staff, learners and their work placement providers are aware of the value placed upon equal opportunity and that action will be taken in the event of any breach of the policy.
- Directors and staff have access to comprehensive information which assists them to plan, implement and monitor actions to carry out their responsibilities under the policy.
4.2 We will ensure DBC’s publicity materials present appropriate and positive messages about minority racial groups.
5. MONITORING OUR PROGRAMME
5.1 The Monitoring process will be used to ensure that staff are treated equally in terms of promotion, staff development, grading etc.
5.2 To inform the setting of targets and the measurements of our progress in achieving them, we will collect and analyse information by learner group.
6. POSITIVE ACTION
6.1 In specific circumstances, the Act allows positive action as a way of overcoming racial inequality.
6.2 Positive action allows organisations to:
- Provide facilities or services (in training, education or welfare) to meet the special needs of people from particular racial groups (for example, English language classes – see section 35 of the Act).
- Target job training at particular racial groups that are under – represented in a particular area of work (see sections 37 and 38 of the Act).
- Encourage applications from racial groups that are under-represented in particular work area (see section 38 of the act).
6.3 DBC, when the results of monitoring are available, will consider targets to reduce any disadvantage suffered by ethnic minority employees and learners. If monitoring reveals that specific racial minority groups are disadvantaged, targets will relate to those specific groups. The targets will be published annually in our Development plan.
POLICY STATEMENT ON THE RECRUITMENT OF EX-OFFENDERS
As an organisation accessing the Criminal Records Bureau (CRB Disclosure service) through an umbrella body, to assess applicants’ for positions of trust, we comply fully with the CRB Code of Practice and undertake to treat all applicants for positions fairly. We undertake not to discriminate unfairly against any subject of a Disclosure on the basis of conviction or other information revealed.
Durham Business Club is committed to the fair treatment of its staff, potential staff or users of its services, regardless of offending background.
We have a written policy on the recruitment of ex-offenders, which is made available to all Disclosure applicants at the outset of the recruitment process.
We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience.
A disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a disclosure is required, all application forms, job adverts and recruitment briefs will contain a statement that a disclosure will be requested in the event of the individual being offered the position.
Where a Disclosure is to form part of the recruitment process, we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover, to a designated person within Persona UK and we guarantee that this information is only to be seen by those who need to see it as part of the recruitment process.
Unless the nature of the position allows us to ask questions about your entire criminal record we only ask about "unspent" convictions as defined in the Rehabilitation of Offenders Act 1974.
We ensure that all those involved in the recruitment process have been suitably trained to identify and access the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex offenders, e.g. the Rehabilitation of Offenders Act 1974.
At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matters that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
We make every subject of CRB Disclosure aware of the existence of the CRB Code of Practice and make a copy available on request.
We undertake to discuss any matter revealed in a Disclosure with the person seeking the position before withdrawing a conditional offer of employment.
Having a criminal record will not necessarily bar you from working with us. This will depend on the nature of the position and the circumstances and background of your offences.
DISABILITY STATEMENT
This statement describes support we can provide to assist you in accessing DBC. Your contact person is: Susan Matthews.
How to get information:
You can obtain information on work based learning in large text, DVC, or by looking on our web site. You can e-mail a completed application form to us from our web site.
To obtain information contact us by one of the following methods:
How to complete and return information about you:
You can email information to us, send details via our web site, post, fax or discuss it face to face.
Please tell us about support or assistance you require to attend an interview or to supply information about yourself.
Interview arrangements:
When we receive your details, we will invite you to attend an interview. This is normally arranged by sending you a letter or by telephoning you. We will ask you to attend on a specific date & time. Please let us know of any support, aids or access issues which we need to consider to enable you to attend your interview. If you would like an alternative method of arranging your interview please contact us to discuss suitable methods.
Access & Facilities:
Our premises are located on the ground floor and are fully accessible.
Car Parking:
We do not have parking facilities, several pay and display car parks are located close to the building.
During your interview:
You will need to give us information on your particular needs so we can discuss aids/support you will need during your apprenticeship.
Support or aids needed:
We will contact the Local Learning & Skills Council and Local Employment Service regarding advice and assistance to put adjustments in place prior to your start date. Susan Matthews our Work Based Learning Director will keep in touch with you regarding resources and or equipment needed in preparation for your start date.
Staff you can speak to:
When you commence your training you will be introduced to a member of staff who will be your mentor. This person will be available to guide and support you during your apprenticeship.
Your assessor will be training and assessing you and will check you are progressing at work placement and in centre. You can speak to your assessor regarding assessment issues, your progress and any other issue relating to your apprenticeship.
Assessment of your qualification:
Assessors use Awarding Body Guidance for specific arrangements we can make for assessment. These arrangements can include having the support of a scribe for tests, extra time for tests/assessments, larger printed documents and an alternative room.
Work Placements:
Most of your apprenticeship will be spent training in a local business. We will check employers premises and resources are suited to your needs prior to placing you with an employer. We will ask your permission that information regarding support you may require can be passed onto the employer to ensure your needs are met and health & safety law is complied with.
If you have a problem or need to complain:
A written system details how our staff need to handle a complaint. This means your complaint is handled quickly and effectively, hopefully resulting in you being satisfied with the outcome.
You need to speak to your mentor, assessor or Susan Matthews regarding a problem or complaint, or if you prefer request a complaint form a member of staff.
Our Equality & Diversity Policy provides full information on our commitment to equality & diversity, if you would like a copy please contact Susan Matthews.
Appendix 1
SUMMARY OF LEGISLATION AND MEANING OF TERMS
11.5.1 Race Relations Act of 1976
This act makes it unlawful to discriminate against a person either directly or indirectly in the field of employment unless a Genuine Occupational Qualification (GOQ) is required in compliance with the Act (an example of this is where the holder of a particular job provides persons of a racial group with personal services promoting their welfare and a person of that group can provide this services most effectively). Advice should be sought from the company’s legal advisors on this issue.
Racial grounds include race, colour and nationality (citizenship or ethnic/national origin). Groups defined by reference to these groups are referred to as racial groups.
11.5.2 Sex Discrimination Act 1975 of 1986
This act makes it unlawful to discriminate against a person either directly or indirectly, in the field of employment, unless a GOQ is required in compliance with the act. A person’s sex may be a GOQ for a job in which case discrimination in recruitment, training etc would not be unlawful (for example changing room attendants in the interest of decency and privacy). This act has been further extended by the Sex Discrimination (Gender Reassignment) Regulations 1999 which offers transsexuals protection from discrimination on the grounds of sex and sexual harassment in employment or vocational training.
Sexual harassment occurs where any form of unwanted verbal, non verbal or physical conduct of a sexual nature occurs with the purpose of effect of violating the dignity of a person in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. Sexual or racial harassment can amount to direct discrimination.
Marriage discrimination occurs when a married person is treated either more or less favourably on the grounds of marital status than an unmarried person of the same sex would be treated in the same or not indirect as explained above.
Sexual preference discrimination occurs when a gay person is treated either more or less favourably on the grounds of sexual preference than a heterosexual person would be treated in the same or not materially different circumstances. Such discrimination may be direct or indirect as explained in 11.5 and 11.6.
11.5.3 Disability Discrimination Act 1995
This act makes it unlawful for all employees or more than fifteen employees to subject a person who is disabled to any detriment in the selection process, selection for training, promotion and all other areas of employment.
The definition of “disability” under the Disability Discrimination Act 1995 is:
“A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. People who have a disability and people who have had a disability, but no longer have one, are covered by the Act.”
Employers will now also have to make a reasonable adjustment to their employment arrangements or premises if they substantially disadvantage a disabled employee or a disabled applicant. A number of factors should be taken into account in deciding if it is reasonable for an employer to make any changes. In particular these include:
- How much an alteration will improve the situation for the disabled employee or applicant;
- How easy it is to make the change;
- The cost of the measure, both financially and in terms of the disruption it will cause;
- The employer’s resources;
- Financial help, or other help, that may be available.
11.5.4 The Part-Time Workers (Prevention of less Favourable Treatment) Act
The regulations define a part-time worker as someone who is ‘not identifiable as a full-time worker’. A full-time worker is defined as someone who ‘having regard to the custom and practice of the employer is identifiable as a full-time worker’. These regulations prohibit the less favourable treatment of pert-time workers in all aspects of employment. Part-time workers are entitled to be treated on the same basis and are entitled to the same benefits, pro-rata, as their full-time colleagues.
11.5.5 Fixed-Term Employees (Prevention of Less Favourable Treatment)
A ‘fixed-term employee’ is defined as a person with a contract of employment, which is due to end when a specified date is reached, a specified event does or does not happen or a specified task has been completed. These regulations prohibit less favourable treatment of fixed-term workers in all areas of employment when they are compared to a comparable permanent employee, unless objectively justifiable, and prevent employers from using more than four successive contracts.
11.5.6 Employment Equality (Age) Regulations 2006
The regulations on age discrimination apply to all employers, private and public sector vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. In this context an employer is anyone who has employees or who enters into a contract with person for them to do work. The regulations cover recruitment, terms and conditions, promotions, transfers, dismissals and training. They do not cover the provision of goods and services.
The regulations make it unlawful on the grounds of age to:
- Discriminate directly against an employee – to treat an employee less favourably than others because of their age – unless objectively justified;
- Discrimination indirectly against am employee – that is, to apply a criterion, provision or practice which disadvantages an employee’s particular age unless it can be objectively justified;
- Subject an employee to harassment;
- Victimise an employee due to an intent to make a complaint or allegation or intend to give evidence in relation to a complaint of discrimination on grounds of age;
- Discrimination against an employee, in certain circumstances, after the working relationship has ended.
Employers could be responsible for the acts of employees who discriminate on grounds of age. This makes it important for the company to train staff about the regulations.
Upper age limits on unfait dismissal and redundancy have been removed.
There is a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified (please refer to section 20 Retirement Policy for details).
Employees have the right to request to work beyond 65 or any other retirement age set by the company. The company has a duty to consider such requests.
11.5.7 Employment Equality (Religion or Belief) Regulations 2003
It is unlawful to discriminate, victimise or harass employees because of their religion or similar beliefs. A religion or belief is defined as being any religion, religious belief or similar philosophical belief. This does not include any philosophical or political belief unless it is similar to religious belief.
This protection is afforded to potential employees, current employees and ex-employees with regard to recruitment, training, promotions, dismissals and terms and conditions of employment.
11.5.8 Employment Equality (Sexual Orientation) Regulations 2003
The regulations make it unlawful to discriminate on grounds of sexual orientation, whereby sexual orientations is defined as meaning an orientation towards persons of the same sex, persons of the opposite sex or persons of both the same and opposite sex.
Under these regulations it is unlawful to victimise an employee who has brought a claim under these regulations, provided evidence, or who intends to do either of the before-mentioned.
Furthermore it is unacceptable under these regulations to harass another person on the grounds of sexual orientation. Harassment is unwanted behaviour which ha the purpose or effect of violating another’s dignity, and creates an intimidating, hostile, degrading, humiliating or offensive environment.
11.5.9 Direct discrimination
Occurs when a person is treated less favourably on the grounds of their sex, race or disability.
11.5.10 Indirect Discrimination
Indirect discrimination means selection criteria, policies, benefits, employment rules or any other practices which, although they are applied to all employees, have the effect of disadvantaging people of a particular age, sex, race or disability unless the practice can be justified. Indirect discrimination is unlawful whether it is intentional or not.
If such a requirement cannot be justified by the employer, it may be deemed unlawful. An employment tribunal may deem a finding of unlawful discrimination even though an employer has no intention to discriminate.
11.6 VICTIMISATION
This occurs when a person is treated less favourably than otherwise would be because he/she has done something by reference to the provisions of this policy, the Equal Pay Act, Race Relations Act, Age Discrimination, Sex Discrimination Act of the Disability Discrimination Act.
It is therefore unlawful to victimise an individual for a complaint made in good faith about discrimination or for giving evidence about such a complaint.
Example: An employee claims discrimination against their employer on the grounds of age. A work colleague gives evidence on their behalf at the employment tribunal. When the work colleague applies for promotion her application is rejected even though she is able to show she has all the necessary skills and experience. Her manager maintains she is a ‘troublemaker’ because she had given evidence at the tribunal and should not be promoted. This is victimisation.
11.7 HARASSMENT
For the purpose of this policy harassment is regarded by the company as repeated unwelcome looks, comments, actions, suggestions or physical contact that is considered objectionable and offensive to an individual or group of employees and which might threaten an employee’s job security or create an intimidating working environment.
Example: A young employee is continually told he is ‘wet behind the ears’ and ‘straight out of the pram’ which he finds humiliating and distressing. This is harassment.
Please also read section 5, Bullying and Harassment Policy.