Equal Opportunites Policy
The commitment to equality of
opportunity supports the Council's overall aim "To be a prosperous
District with thriving communities" by providing access to services
and facilities to all.
It is the Council's policy to
provide equality in employment and service delivery irrespective
of:
- Gender, marital status or family status
- Religion or belief
- Age
- Disability
- Race, ethnicity or nationality; and
- Sexual orientation.
- Gender re-assignment
Please also see our Race Equality Scheme, Gender
Equalities Scheme and our Disability Equality
Scheme:
As a commitment to removing barriers to equal opportunities
the Council is committed to taking positive steps including:-
- preventing any form of direct or indirect discrimination,
harassment or victimisation;
- promoting equal opportunities;
- eliminate unlawful racial discrimination;
- promoting good race relations between people of different
racial groups;
- promoting a good and harmonious working environment where all
are treated with respect and dignity and in which no form of
intimidation or harassment will be tolerated;
- fulfilling all legal obligations under relevant legislation and
associated Codes of Practice;
- taking any necessary positive action, including setting goals
and timetables.
The Council recognises that the provision of equal
opportunities in the workplace is good management practice.
The policy will help all employees to develop their full potential
and the talents and resources of the workforce will be fully
utilised to maximise the efficiency of the organisation.
Breaches of the equal opportunities policy and practice will
be regarded as misconduct that may lead to disciplinary
proceedings.
Definitions of Discrimination
Direct Discrimination
Generally direct discrimination consists of treating a person
on grounds of race, sex, disability, sexual orientation or religion
or belief less favourably than others are or would be treated in
the same, or not materially different, circumstances.
Examples include:-
- providing a service to someone on different terms because they
are from one of the above groups
- refusing to serve a person
- the terms on which offers of employment are made
- refusing to offer employment.
Indirect Discrimination
Indirect discrimination consists of an employer applying in
any circumstances, on grounds of race, sex, disability, sexual
orientation or religion or belief a provision, criterion or
practice which, although applied equally to all groups, is such
that a considerably smaller proportion of a particular group can
comply with it and it can not be shown to be justifiable on other
than these grounds. Examples include:-
- a rule about clothing or uniforms which disproportionately
disadvantages a racial group
- requiring longer or wider experience, or qualifications, than
are needed to carry out the duties of the post
- in recruitment to specify physical attributes, that are not
genuine occupational requirements, that could exclude females or
older persons from applying.
Harassment
Harassment at work is a most pernicious form of abuse.
It may be physical contact or violence, or it may take other
forms. Possible examples include:-
- ridicule, offensive, intimidating or humiliating remarks
- exclusion from job-related conversations
- exclusion from work-related events
- unfair allocation of work
- offensive signs, pictures or calendars
- demands for sexual favours.
Victimisation
Victimisation is where a person is treated less favourably
because, for example, they have, or it is suspected they will,
pursue their rights under the Equal Opportunities Policy via the
grievance procedure and/or legal proceedings.
Implementation of the Policy
The Council will regularly review its practices and procedures
to ensure that they do not unlawfully discriminate against
individuals or groups; whether directly or indirectly, and changes
will be made where it is found that they are. The main areas
of legislation are covered by the Equal Pay Act 1970, Race
Relations Act 1976, Sex Discrimination Act, 1975 and 1986,
Disability Discrimination Act 1995, Employment Relations Act 1999,
Sex Discrimination (gender re-assignment) Regulation 1999, Race
Relations (Amendment) Act 2000, Human Rights Act 2000, Employment
Equality (Religion or Beliefs) and (Sexual Orientation) Regulations
2003, or any other relevant legislation or code of practice.
In order to implement this policy, the Council will ensure
that:
- The policy is communicated to all employees, through induction
training, management training, team briefings, displays on notice
boards, employee handbook, etc and made known to job
applicants;
- Managers are aware of their responsibilities through
appropriate training;
- An equal opportunities programme is developed which will
include a range of initiatives, indicating, where appropriate,
affirmative/positive action with targets and timetables.
- Appropriate training and guidance is provided. In particular,
all those involved in assessing candidates for recruitment or
promotion will be trained in non-discrimination recruitment and
selection techniques;
- Consultation will take place with employee representatives on
the implementation of this policy and any amendments to
practice;
- All employees and job applicants are asked to complete a form
denoting their sex, age, ethnic origin, and any disabilities. This
form will only be used for the purpose of monitoring the
effectiveness of this policy . It will not be used as part of
the selection process and full confidentiality will be
maintained;
- All service units undertake audits of service provision and
formal monitoring to ensure that the authority's commitment to
providing services fairly to all sections of the community is
met.
Action to Eliminate Discrimination
The Council aims to promote equality of opportunity for all
existing and potential employees. By avoiding working and
recruitment practices or arrangements that are discriminatory and
engendering a working environment that develops good practice it
eliminates prejudice and values diversity. All decisions
relating to recruitment, training, promotion or termination will be
made on a purely objective basis relating to the skills, knowledge,
experience and ability of the individual.
The Council will take action to eliminate
discrimination. This will include the following: -
Recruitment
- All vacancies will be advertised in a way which does not
discourage groups from applying for the post.
- Qualifications or conditions applied must be justifiable in
terms of the demands of the job.
- Tests must be non-discriminatory and relate to purely the
demands of the job.
- Training will be given to all involved in recruitment to ensure
they understand, apply and actively promote this Policy.
- All applicants with disabilities, as defined within the
Disability Discrimination Act, 1995, who meet the essential
requirements for a job will be interviewed.
Training and Development
- All employees will receive training as part of their induction
to ensure they understand and implement all aspects of the
Council's commitment to equality of opportunity.
- The Council will ensure that all employees have access to
training, career development and promotional opportunities.
- Positive action, as allowed in legislation, may be taken in
order to equip employees from disadvantaged groups with the
necessary skills to enable them to compete effectively.
Working Environment
Wherever possible, suitable access for employees with
disabilities will be provided throughout all workplaces.
Wherever possible, the special needs of employees with
disabilities will be met including providing adapted equipment and
changes of working methods to help meet these needs.
Harassment
The Council will not tolerate the harassment or victimisation
of employees by others, whether they be other employees, clients,
service users, or members of the public in any circumstances and
will take appropriate action against the perpetrators. Harassment
by employees of others will not be tolerated either.
The Council will adopt the Equality Standard for Local
Government with a commitment to achieve Levels 1 and 2 by
predetermined target dates.
Monitoring
The Chief Executive has overall responsibility for ensuring
the aims of the Council, within this policy, are met and that it is
being applied effectively.
In order to evaluate the effectiveness of the policy,
monitoring is essential. By collecting and analysing
information on employees, potential employees and service users,
the Council will be able to identify whether its aims are being
met. Monitoring will therefore take place in terms of ethnic
origin, gender, age, marital status, disability, etc, where
appropriate, particularly on:-
- The composition of the workforce so as to measure the
effectiveness of equal opportunities policies and practices;
- Applicants for jobs so as to assess the effectiveness of
recruitment practices; and
- Auditing provisions of service and monitoring service usage by
service units so as to confirm that the Council's commitment to
providing services fairly to all sections of the community is being
met.
On a day-to-day basis the Head of Human
Resources has responsibility for implementing the policy,
ensuring adequate monitoring procedures are in place and advising
the Chief Executive on appropriate measures to be taken. This
will include, where necessary, working with managers, employees and
employee representatives to review how the policy is working in
practice, ensuring employees and managers are aware of their
obligations within the policy, and that appropriate training has
been provided.
The Head of Human Resources will report at least
annually to the Chief Executive on the progress being made, having
specific regard to:-
- Analysing the information provided by the monitoring
processes;
- Assessing this against the objectives of the Equal
Opportunities' Policy to identify how the Policy is working in
practice;
- Putting forward suggestions for remedying any failures;
- Assessing the success of such remedies.
Annual reports will be made to the Council through the Local
Joint Committee on monitoring arrangements and recommending action
where appropriate.
Positive Action
It is unlawful to discriminate positively (for example by
employing women or members of a minority ethnic group) just because
monitoring reveals a shortfall in a particular area. The
Council, however, may take positive action to encourage people from
a particular sex or racial group or who are disabled to apply for
jobs, or to give them suitable assistance so that they can be
considered for certain vacancies. Such positive action may be
taken when monitoring reveals an imbalance in particular categories
of employees, or in applicants for jobs.
Dealing with Complaints of Discrimination
It is essential for those who feel they have been
discriminated against to have an opportunity to challenge the
actions about which they feel aggrieved.
If an employee suffers discrimination from another employee
they should report the matter immediately to their Head of
Service. If the Head of Service is party to the
discrimination then the employee should report to the appropriate
member of Management Team or if preferred to Human Resources.
The Head of Service or member of Management Team will determine
what action is appropriate. This may involve initiating the
Council's Disciplinary Procedure.
If an employee is discriminated against by a non-employee,
e.g. service user, member of the public, contractor, councillor,
etc. they should inform their Head of Service immediately who will
decide on the appropriate action.
Should an employee who believes they have been discriminated
against be dissatisfied with actions taken by their Manager they
have the right to raise a grievance under the Council's Grievance
Procedure.
The Council will take action against any employee if he or she
is found to have been discriminating against service users, members
of the public, contractors, councillors, or any non-employee. This
may be dealt with through the Council's Disciplinary Procedure and
any non-employee should use the Council's Complaints Procedure to
bring it to the attention of the authority.
Conditions of Service and Employment
Employees are obliged to respect and act in accordance with
this Policy and failure to do so shall be cause for disciplinary
procedures to be initiated which could result in
dismissal.
All job applicants will be made aware of the
Policy.
Contact
Human
Resources
Telephone: (01902) 696105
Fax: (01902) 696145
Email:
HumanResources@sstaffs.gov.uk