Equality and Diversity Policy
Introduction
The Commission is totally opposed to all forms of unfair discrimination. It is committed to
- conducting its business in a way that is fair and appropriate to all sections of the community. This may mean taking positive steps to ensure equal opportunities in employment and equal access to its service
- providing equal opportunities in employment and to avoiding unlawful discrimination in employment and against customers
- providing staff with appropriate and relevant advice and support in equality and diversity.
The Commission will demonstrate its commitment by promoting, maintaining and rigorously implementing this Policy and associated Code of Practice, which will underpin all decisions and actions taken by the Commission and its employees.
The Commission is committed to following the requirements of legislation which are summarised in Appendix A.
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Employment
The Commission seeks to ensure that no discrimination occurs in recruitment or employment because of age, disability, sex, gender assignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origin), sexual orientation, religion or belief, or because someone is married or in a civil partnership.
The Commission will provide equality of opportunity in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits.
The Commission strives to ensure that the work environment is free from harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities. The Commission has a separate Bullying and Harassment Policy which deals with these issues.
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Service delivery
The Commission recognises the need to deliver services in ways that are appropriate to everyone and whenever possible removing barriers that will limit access.
The Commission recognises the need to take measures to ensure that disadvantaged groups and individuals can become aware of, and make best use of, the Commission's services and to ensure that those services are made physically and communicatively or linguistically accessible to all. The aim is to ensure that all of the Commission's services are equally available to all the public - equal treatment for all does not necessarily mean the same treatment for all.
When making decisions about its operations, the Commission will consider any implications for Equality and Diversity.
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Types of unlawful discrimination
Direct discrimination is where an individual is treated less favourably than another because of a protected characteristic.
In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.
Indirect discrimination is where a condition, rule, or practice is applied that applies to everyone but particularly disadvantages people who share a protected characteristic and it cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Staff will be able to complain of behaviour that they find offensive even if it is not directed at them and the complainant need not possess the relevant characteristic themselves. It does not matter whether or not this effect was intended by the person responsible for the conduct.
Associative discrimination is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and pregnancy and maternity).
Perceptive discrimination is where an individual is directly discriminated against or harassed because others think that the individual has a particular protected characteristic. It applies even if the person does not possess the characteristic (other than marriage and civil partnership, and pregnancy and maternity).
Third-party harassment occurs where an employee is harassed and the harassment is related to a protected characteristic (other than marriage and civil partnership, and pregnancy and maternity), by third parties such as customers. For an employer to be liable:
- the harassment must have occurred on at least two previous occasions
- it must be aware that the previous harassment has taken place, and
- it must have failed to take reasonable steps to prevent harassment from happening again.
Victimisation occurs when an employee is subjected to a detriment because they made or supported a complaint or raised a grievance under the Equality Act 2010, or because he or she is suspected of doing so. However, an employee is not protected from victimisation if he or she acted maliciously or made or supported an untrue complaint. There is no longer a need for a complainant to compare his or her treatment with someone who has not made or supported a complaint under the Act.
Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared to someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.
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Staff responsibilities
Every staff member is required to assist the Commission to meet its commitment to provide equal opportunities in both employment and service delivery and avoid unlawful discrimination.
Staff can be held personally liable as well as, or instead of, the Commission for any act of unlawful discrimination. Employees who commit serious acts of harassment may be guilty of a criminal offence.
Acts of discrimination, harassment, bullying or victimisation against employees or customers are disciplinary offences and will be dealt with under the disciplinary procedure.
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Implementation
The Deputy Ombudsmen and Deputy Chief Executive collectively are accountable for ensuring this policy is put into effect, with one of the Deputies nominated to take the lead role.
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Monitoring and review
This policy will be monitored periodically by the Commission to judge its effectiveness and will be updated in accordance with changes in legislation.
In particular, the Commission will monitor the ethnic, age and gender composition of the existing workforce and of applicants for jobs (including promotion), and the number of disabled people within these groups, and will review its equal opportunities policy and associated action plan in accordance with the results shown by the monitoring. If changes are required, the organisation will implement them.
Information provided by job applicants and employees for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection Act 1998.
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Date Updated: 20/06/11