Equality and Diversity

‘What is it all about?’

Contents

Page

What do we mean by ‘Equality and Diversity’ 3 - 4

The Legislation 5 - 6

Policies and Codes of Practice7 - 9

Equality North East Support 10

Appendices

Appendix 1-Example Equality Policy 11 - 13

Appendix 1a-Equality Legislation14 - 15

Appendix 2-Example Equality Statement16

Appendix 3-Example Complaints Policy17 - 19

Appendix 4-Equality Charter20

What do we mean by Equality and Diversity?

Equality

Equality is recognising that discrimination is unacceptable regardless of people's gender, race, sexual orientation, nationality, religion, ethnic or national origin, marital status, age, colour, disability, carer status or social background. To treat everybody with equality actually means to treat people differently with fairness and impartiality, as we all have very different needs and requirements. Equal means to have the same value. It does not mean that things have to be the same. Equality is important in maintaining democracy and people’s rights.

Diversity

Diversity is a commitment to recognising and appreciating the variety of characteristics that make individuals unique in an atmosphere that promotes and celebrates individual and collective achievement. Examples of these characteristics are: age; disability (mental, learning, physical); gender; transgender; marital/partnered status; physical appearance; race/ethnicity; religious beliefs; sexual orientation; economic background; geographic background; language(s).

Prejudice

Prejudice means to be biased, to have a preconceived opinion. It is similar to prejudging a person before all the facts are known. It is nearly always harmful.

Where do prejudices come from?

  • They usually come from other people.
  • People we know, for example, relatives, friends, teachers.
  • People we don’t know but who influence us, for example people we admire, the media etc.
  • Prejudices reflect our beliefs about people.

How are prejudices and discrimination maintained?

By culture: -the media, advertising, jokes etc.

By institutions:-authorities, government, business etc.

By people: -in positions of power, in the community, at work and at play

Stereotypes

Stereotyping means to make everything the same, it is a fixed general image or set of characteristics that a lot of people believe represent a particular type of person or thing. When we stereotype people, we make them all the same based on one characteristic or assumption about the group.

A stereotype is:

  • Unjustifiable
  • Often negative
  • Nearly always untrue

Labelling

Labelling is the way people place labels on other people that places them in a certain category. When stereotypes have been created in society, certain powerful groups can create labels and make them stick to people.

Legislation

Legislation has evolved in the UK to prevent discrimination and protect people. Prior to the Equality Act 2006 the only groups who were protected by employment legislation were gender, race and disability and we did introduce the Equal Pay Act 1970, which made it unlawful for employers to discriminate between men and women in terms of payment and their contracts of employment.

The Equality Act 2006

This act was introduced to set up the Equality and Human Rights Commission (initially called the Commission for Equality and Human Rights), replacing the previous bodies the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission and extended legislation to cover religion or belief, sexual orientation, age and later, transgender. These were initially named the 6/7 strands of equality. The EHRC had a key role in:

  • Promoting equality of opportunity and diversity
  • Enforcing legislation in relation to rights, equality of opportunity and diversity.
  • Promoting awareness, understanding and protection of human rights.

It was, and still is, unlawful to discriminate (either directly or indirectly). The Equality Act 2010 has extended the legislation even further to protect other groups and against different types of discrimination

The Equality Act 2010brought all of the previous legislation together providing a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society for all ‘protected characteristics’ including:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

The Act protects individuals from discrimination

Types of Discrimination

The different types of discrimination recognised by law are:

Direct Discrimination-When you are treated less favourably than someone else in the same situation, e.g. just because you are old or a woman.

Indirect Discrimination-Where there are rules of conditions that apply to everyone but affect one group of people more than others without good reason: for example, a company rule that says employees must do night shifts could exclude women who have children to care for.

Discrimination by Perception-This is direct discrimination against someone because others think they possess one or more of the main seven protected characteristics (Age, Disability, Religion or Belief, Sexual Orientation, Transgender, Ethnicity, Gender). Even if the person doesn’t possess the actual characteristic.

Discrimination by Association-This occurs when a person is treated less favourably because they are linked or associated with one of the main seven protected characteristic. (Age, Disability, Religion or Belief, Sexual Orientation, Transgender, Ethnicity, Gender).

The person being treated less favourable does not have to have one of the protected characteristic but it is due to them being associated with someone who does, e.g., a friend, spouse, partner, parent or colleague.

Discrimination Arising from

Disability-Occurs when a disabled person is treated unfavourably because of something connected with their disability and this unfavourable treatment cannot be justified. Treatment can be justified if it can be shown that it is intended to meet a legitimate objective in a fair, balanced and reasonable way. If this can be shown then the treatment will be lawful.

Policies and Codes of practice

Equality Policy

What is an Equality Policy?

This is a basic statement of equality and diversity which sets out aims and objectives for the organisation. It underpins specific measures aimed at ensuring equality of opportunities for present and potential employees, service providers and customers. A written summary of the policy will enable you to record your intentions for your own information and that of others who will be involved in implementing the policy. Copies can also be given to present employees and applicants for jobs.

Why have an Equality Policy?

An effectively implemented Equality Policy will help to:

  • Provide an environment conducive to the promotion of fair and equal opportunities to all staff, customers and service providers.
  • Ensure fair treatment for all job applicants and existing members of staff,
  • Ensure fair treatment for all others with whom you have contact with e.g. service providers, learners and customers
  • Make the best possible use of existing and potential workforce
  • Improve employment practices and staff/learners morale
  • Attract, develop and retain the good quality staff who are essential for achievement of business objectives
  • Avoid unlawful or unfair discrimination

It is in everyone’s best interests to ensure that the experience, talents and skills available throughout an organisation are considered when employment or development opportunities arise.

What has it got to do with me?

Equal opportunities impose rights and responsibilities for every member of staff, customers and service providers. Everyone has a right to fair and dignified treatment. This means that no-one will be discriminated against or harassed. Every member of staff, customer, service provider and learner has an obligation to ensure fair and dignified treatment. The contribution of everyone will be valued and everyone will be treated purely on their merits.

Policy Statement

Policy statements set out aims to be fair to everybody and to ensure that no job applicant or employee receives more or less favourable opportunities or treatment on the grounds of, for example:

  • Age
  • Race/Ethnic
  • Gender
  • Transgender
  • Sexual orientation
  • Marriage and Civil Partnership
  • Disability
  • Religion or Belief
  • Maternity/Paternity

Good policies:

  • contain a short, clear statement of the organisation’s commitment to achieving and maintaining a workforce which represents the composition of the population and recruitment area;
  • have the strong, visible support of top management;
  • set out clear objectives which enables you to identify priorities for action and implement effective programme for action;
  • are explicit and measurable.

What are the Benefits?

An equality policy which is effectively implemented will help you to:

  • make the best possible use of your existing and potential workforce;
  • avoid unlawful or unfair discrimination;
  • improve employment practices;
  • attract, develop and retain the good quality staff; learners; service providers and customers who are essential in today’s competitive environment

Staff Codes of Conduct

It is also vital to have a Code of Conduct for staff, which includes a statement of how employees are expected to behave towards each other. There should also be a Disciplinary Procedure that is followed when an employee breaks that Code of Conduct.

Employees must be made aware of their duties under the Code and of the Disciplinary Procedure.

Employees should be given a copy of the procedures or provided with access to them and all the details of the procedure explained to them.

All staff should be briefed on Harassment and Bullying Procedures, via induction for new staff or other methods for existing staff.

Complaints or grievances can be dealt with formally or informally in accordance with the procedure.

Equality North East Support

Equality North East is here to support you in your equality needs whilst you carry out your work for the Community Fund Foundation and beyond.

The process will start with:

  • You agree to sign up to an Equality Charter
  • Complete a Self Assessment
  • Agree an Equality Action Plan
  • Work towards the achievement of the Equality Action Plan

Following completion of your Self Assessment, Equality North East will contact you to discuss and agree your Equality Action Plan which will include the first steps to working towards the Equality Standard. As you work to achieve your action plan Equality North East will provide you with:

Information Advice and guidance including example policies and procedures through the Equality North East website The Standard Toolkit:

Free membership of our equality networks ‘ConNEcting for Change’ which provides virtual networking support and the opportunity to attend meetings and events. Access the networks through the following link:

Support via e-mail or telephone on an ongoing basis

Contacts:

Christine Shanks 0191 4956268

Helen Fletcher 0191 4956262

Check out Equality North East website

Join ‘ConNEcting for Change’ and become a member all you need to do is go on to the website, visit ConNEcting for Change, Learning Providers Section and become a member.

Your Equality North East contacts are:

Liz Reay; Christine Shanks; Helen Fletcher and Lynne Chandler.

Appendices

Appendix 1

Example Equality Policy

Name of company or organisation

Equal Opportunities Policy

  1. Our policy

This policy sets out the commitment of (Name of company or organisation), it’s Board of Directors, Chief Executive and senior management (Delete or amend as appropriate) to promote equality of opportunity and work to eliminate unlawful and unfair discrimination and harassment in the workplace.

We value our employees and recognise the contribution they make to our business and we are committed to providing equality for all irrespective of:

  • Age
  • Disability
  • Ethnicity
  • Gender
  • Religion or belief
  • Sexual orientation
  • Gender Reassignment
  • Civil partnership or marital status
  • Pregnancy and maternity

We will work to ensure that all of our employees, as well as those who apply or seek to apply to work with us will be treated fairly and will not be subjected to discrimination on any of these grounds. (If appropriate include volunteers, contract and agency workers, trainees or those on work placement.) We will make whatever reasonable adjustments are required to provide disabled people with a fair chance to access employment opportunities.

  1. Our commitments

We will:

  • Promote equality of opportunity for all
  • Promote a productive and harmonious workplace where there is mutual respect and harassment and bullying is not tolerated
  • Prevent unlawful discrimination, direct and indirect and victimisation
  • Comply with our legal obligations, as set out in Appendix 1
  • Take seriously and address any breaches of this policy
  1. How we will implement this

(Name of senior person with responsibility) has overall responsibility for the implementation of this policy. Each manager (insert others as appropriate, for example Directors) is accountable for delivering the equality commitments in their areas of responsibility and all employees are expected to abide by the policy.

To implement this policy we will:

  • Include appropriate equality objectives and responsibilities in each job description
  • Provide our employees with the necessary knowledge and skills to help ensure that the workplace is free from discrimination and harassment
  • Train all those who are involved in recruitment and selection, whether for vacant posts, promotions or training opportunities
  • Regularly review our employment policies and procedures to ensure they do not unlawfully or unfairly discriminate
  • Gather equality information on our workforce and job applicants
  • Make all necessary reasonable adjustments and consider options for flexible working
  • Work to make our workforce more representative and where possible, undertake lawful positive action
  • Seek commitments from our suppliers that they are taking steps to promote equality and eliminate discrimination
  • Make sure that there are sufficient resources in place to implement this policy effectively
  1. Policy review

We will keep this policy under review and will regularly assess the progress we are making toward achieving our equality commitments. We will take action when we identify areas where inequality or discrimination may exist.

  1. Complaints of discrimination

If you believe that you have suffered any form of discrimination, harassment or victimisation you can raise this matter through the grievance procedure, (or other procedure if appropriate) a copy of which is available from (specify). All complaints will be dealt with promptly and in accordance with the agreed procedures.

You also have the right to make a complaint to an Employment Tribunal. However, you normally have to raise your complaint under our internal procedures first. For more information speak to (specify, if appropriate), or for guidance on statutory disciplinary and grievance procedures see

Anyone who makes a complaint of discrimination must not be victimised. We will make every effort to ensure victimisation does not occur and any complaints will be taken seriously and dealt with promptly.

Signed ______

Chief Executive (or Board Member/Owner, as appropriate)

Date ______

Appendix 1a

Equal Opportunities Policy Statement

Equality Legislation

The Equality Act 2010 broadens the protection from discrimination afforded to employees in the workplace.

It repeals the following Acts:

Equal Pay Act 1970

Sex Discrimination Act 1975 & 1986

Race Relations Act 1976

Disability Discrimination Act 1995

It will also replace much of the following:

Equality Act 2006

Employment Equality (Religion or Belief) Regulations 2003

Employment Equality (Sexual Orientation) Regulations 2003

Employment Equality (Age) Regulations 2006

Equality Act (Sexual Orientation) Regulations 2007

Employers should ensure that:

•Equality and Diversity policies cover all protected characteristics and does not refer to out of date law. (Age, Disability, Religion or Belief, Sexual Orientation, Transgender, Ethnicity, Gender, Pregnancy and Maternity and Marriage and Civil Partnership.)

•Training materials should be up-to-date and include all protected characteristics.

•Recruitment and Selection policies, procedures and materials should be up-to-date and cover protected characteristics. Pre-employment health questions should be removed from application forms/packs.

•Have up-to-date Equality and Diversity, Bullying and Harassment and Complaint Policies to ensure third party harassment is something you will not tolerate.

Indirect Discrimination can now be claimed across all seven protected characteristics. (Age, Disability, Religion or Belief, Sexual Orientation, Transgender, Ethnicity, Gender). Not included are Pregnancy and maternity and marriage and civil partnership.

Positive action is now available to be used should there be two job applicants of equal calibre the minority person may be selected for the post. Employers must show evidence of a fair and equal selection process.

Protected Characteristics

Age

Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g. 18 - 30 year olds).

Disability

A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities.

Gender Reassignment

The process of transitioning from one gender to another.

Marriage and Civil Partnership

Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters.

Pregnancy and Maternity

Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Race

Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.