EQUALITY AND DIVERSITY POLICY AND PROCEDURE
Scope
This policy applies to employees of Age UK Enfield.
Introduction
Age UK Enfield is an Equality and Diversity Organisation committed to the promotion of equal opportunities and the elimination of discrimination. In employment, Age UK Enfield declares that its Policy is to try to redress the balance as far as is lawful in favour of all minorities and disadvantaged groups. In Policy development it is its aim to develop and implement anti-discrimination strategies and positive action programmes and to promote these Policies throughout its spheres of influence.
Age UK Enfield will monitor and review the composition of its Board with an aim to promote broad-based representation.
The Policy is applied to:
- All employees working for Age UK Enfield irrespective of the funding source, this includes Bank/Agency workers.
- All aspects of promotional, educational, casework and other functions of Age UK Enfield as determined by the Board.
- Members and Customers/Clients – Age UKEnfield would expect Members and Customers/Clients to concur with and actively promote these objectives.
- Volunteers.
All new Employees are required to attend Induction Training which includes Equality and Diversity training.
Recruitment within Age UKEnfield
Employment procedures and practices will be undertaken strictly in accordance with the following and all other relevant legislation:
- Race Relations Act 1976 and Race Relations (Amendment) Act 2001
- Sex Discrimination Act 1975 (and amendments)
- Equal Pay Act 1970 (and amendments)
- Disability Discrimination Act 1995
- Rehabilitation of Offenders Act 1974
The above have all been merged into the Equality Act 2010
Age UK Enfield will monitor and keep under review its procedures and practices to assess the impact of the policy in the following areas:
- Job Advertisements
- Job Descriptions and Person Specifications
- Wording, presentation and media used for advertising
- Shortlisting
- Interview assessments
Appointments shall only be made following an open recruitment procedure, which may be an internal procedure, except for temporary appointments of three months or less. All appointments are subject to a successful Probationary Period. (See the Probationary Period Policy and Written Statement of Particulars.)
Recruitment and Selection Procedures
Age UK Enfield will train all members of employees and any other recruitment panel member involved in the recruitment and selection procedure
i. Interview techniques
ii. Codes of practice
Appointments below Director Posts
Normally Directors shall make appointments below Director posts.
Employment Practices
Age UK Enfield will ensure that:
- Discussion and in-service training, subject to funding, will be undertaken for Employees and Management in relation to Equality and Diversity issues.
- Procedures and practices will reflect the cultural and religious needs of Employees and customers/clients.
- Specific needs training as defined by the employee to assist in coping with his/her disability is provided subject to funding.
- As far as possible the premises are suitably adapted to meet the needs of disabled Employees and customers/clients.
Review Process
- Age UK Enfield will monitor and review the effectiveness of this policy on an annual basis.
- This Equality & Diversity Policy monitoring information is provided to the Board by the HR Administrator on a six monthly basis.
THE EQUALITY ACT 2010
WHAT IT MEANS TO EMPLOYEES AND THE EMPLOYER
The Equality Act of 2010 consolidates discrimination legislation. The onus is on the employer to treat people fairly and equally.
Within the act there are nine ‘protected characteristics’:
- Age
- Disability
- Gender Reassignment
- Marriage and Civil Partnership
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
The main changes within the Equality Act 2010 affect the following areas:
Recruitment Pre-employment health questions
Age UK Enfield will not use health related questions on any application forms or during the interview process. In addition Age UK Enfield cannot request that the employee undergoes an Occupational Health Assessment before an offer of employment is made. Reference requests must not contain questions about health problems or sickness absence.
Health related questions can be asked once a job offer has been made to ensure that the employee does not have a health condition or disability that could prevent them from doing the job. However Age UK Enfield is obligated to make reasonable adjustments where practical to accommodate any health or disability issues. In certain situations pre-employment health questionnaires will be used if appropriate.
You can't treat someone unfavourably because of something connected to a disability (i.e., dyslexia).
Disabled people can now claim a particular rule or requirement disadvantages people with a certain disability. A disabled person is treated unfavourably because of something arising in consequence of their disability.
Gender - You can't discriminate against someone who is or has changed their gender (the 'gender reassignment' protected characteristic) - for example, if they take time off work for the process.
Mothers are allowed to breastfeed in public (on premises) - they can't be asked to go to a more private place.
Age is still the only protected characteristic by which you can justify direct discrimination, because you can argue that treating someone differently because of their age is allowed as long as it means you're doing it to meet a legitimate aim. You can also still have a default retirement age of 65 until April 2011.
Since April 2011 you can no longer have a default retirement age. Employees can now retire at a time of their choosing unless there is a reason why they are no longer able to carry out the requirements of their job description.
Tribunal judges can recommend changes to the practice of an entire business rather than just to the way an individual is treated.
Employees are now free to discuss their own salaries with each other. Age UK Enfield cannot insist on employees signing confidentiality clauses in their contract in relation to disclosure of their salary to other employees.
The Act also clearly defines different types of discrimination:
Direct discrimination: discrimination because of a protected characteristic (see the nine characteristics listed).
Associative discrimination: direct discrimination against someone because they are associated with another person with a protected characteristic. (This includes carers of disabled people and elderly relatives, who can claim they were treated unfairly because of duties that had to carry out at home relating to their care work). It also covers discrimination against someone because, for example, their partner is from another country or you do not like the person they are living with or married to.)
Indirect discrimination: when you have a rule or policy that applies to everyone but disadvantages a person with a protected characteristic.
Harassment: behaviour deemed offensive by the recipient. Employees can claim they find something offensive even when it's not directed at them.
Harassment by a third party: Age UK Enfield are potentially liable for the harassment of employees or customers/clients by people they don't directly employ, such as a contractor.
Victimisation: discrimination against someone because they made or supported a complaint under Equality Act legislation.
Discrimination by perception: direct discrimination against someone because others think they have a protected characteristic (even if they don't).
Complaints from Employees, Customers, Clients, Carers or Organisations
Any of the above acts of discrimination can lead to an employee, customer, carer or organisation feeling the need to raise a grievance against Age UK Enfield or an individual if they feel they have been subjected to any sort of discrimination as detailed above.
Employees should refer to the Grievance Policy and Procedure (contained in the Employee Handbook) if they wish to raise a grievance under the Equality Act legislation. Customers, clients, carers and organisations need to request a copy of the Age UK Enfield Complaints procedure in order to make a complaint of this nature.
Complaints: The Informal Approach
The purpose of an informal approach is to make the alleged perpetrator aware that his/her behaviour is giving offence, to remind him/her of the Organisation’s policy and to ask him/her to change his/her behaviour. The informal approach is not mandatory. It is recognised that a victim may be unwilling to tackle the perpetrator personally and directly. The victim is encouraged to be accompanied by a support person (e.g. a union representative or a colleague) in making an informal approach.
If the perpetrator does not modify his/her conduct, or if the victim does not want to make an informal approach, he/she may decide to make a formal complaint.
Complaints: The Formal Approach
- Must be in writing
- Addressed to the Line Manager/Director or Chief Executive unless the complaint is about him/her, in which case it must be sent to the Chair
- Must contain all the evidence available to support the allegation
- Must contain a request for action to be taken under this Policy
- Must be signed by the victim.
The victim may ask a person of his/her choice to prepare the formal complaint, but the victim must sign it.
Complaints: Time Limits
Nothing in this Policy Statement shall preclude the victim making a complaint to an Employment Tribunal/Court. There are strict time limits that must be adhered to.
No specific time limits in which to complain are set out in this Policy. However, it must be taken into account the fact that a complaint has to be investigated, and the employee is advised to make it whilst his/her recollection of events is fresh.
Victimisation
Victimisation of a person for taking any action under this Policy whether as a victim of harassment or in any other capacity (e.g. a witness) shall be regarded and treated by the Board as gross misconduct.
Sources; Age UK HR Helpdesk
Government Equalities Office website
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