Comprehensive Equality Policy
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Policy No:
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Version 1.2
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Applies to:
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All employees,
partners, service users and Members
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Author:
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Equalities & Access
Officer
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Authorised:
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SMC 7 October 2008
Amended October
2010
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Revision due:
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October 2012
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Contents
Appendix A - Glossary
INCLUDING Definitions of Discrimination
1.1. This policy
sets out the Councils commitment to equal opportunity and diversity
and how we will:
- Eliminate unlawful discrimination, harassment, victimisation
and any other conduct that is prohibited by or under the Equality
Act 2010·
- Advance equality of opportunity between persons who share a
protected characteristic and those who do not
- Foster good relations between persons who share a relevant
protected characteristic and those who do not share it.
When the Council:
- provides services
- buy goods and services
- employs people
- acts as a ‘community leader’
1.2. The Council
is committed to a comprehensive policy which mainstreams equality
practices within democratic activity, service planning and delivery
and all human resource processes.
2.1.
The Protected Characteristics (as laid down in the Equality Act
2010) are: Age, Disability, Gender Reassignment, Marriage/Civil
Partnership, Pregnancy and Maternity, Race, Religion/Belief, Sex
and Sexual Orientation.
2.2.
This policy applies to the whole Council - councillors and
employees, contractors and placements regardless of any protected
characteristic, working part time, fixed term or temporary,
membership to trade union or public interest disclosure status.
2.3. This policy
also applies to the services the Council provides, including the
fair treatment of all our customers.
2.4. This policy
will be reviewed annually and may be amended to ensure it continues
to meet legal requirements.
3.
POLICY
The Council’s Statement of Commitment
towards equal opportunities and diversity:
“Our mandate is to build a safe, just,
tolerant and equal society for everyone in the Borough. All
Councillors, employees and those acting on behalf of the Council
are responsible for implementing our Comprehensive Equality Policy
and have a continuing duty to challenge discrimination”.
4.1.
Management development and training will concentrate on both
employment protocols and the inclusion of equality into service
provision.
4.2.
Equality and Diversity awareness training will be available for all
staff, elected members and service partners to attend as well as
induction training for all newcomers.
4.3.
Vacancies for permanent jobs are normally advertised internally and
externally concurrently and are placed on the Council’s website and
in media outlets, which aim to be reasonably accessible to all
suitable candidates.
4.4.
Wherever possible, the Council will provide job information in
alternative formats if requested.
4.5.
The Council will be positive in examining whether reasonable
adjustments can be made to working practices to overcome the
barriers presented by disability.
4.6.
The Council will apply fairly the provisions in national and local
conditions of service. The Council will give fair consideration to
all reasonable requests for adjustment of working arrangements to
accommodate child care responsibilities, subject always to the
requirements of maintaining an effective public service.
4.7.
The Council will continue to develop employment policies which are
consistent and reasonable and which do not result in less
favourable treatment for any employee on the grounds identified
above.
4.8.
Human Resources will regularly review all employment policies and
practices to ensure they are fair and lawful.
4.9 The Council will
monitor the composition of the workforce, council complaints and
consultation feedback, in accordance with the Code of Practice for
the Public Sector Equality Duty (2011). The Council will also
monitor applications for vacancies during the recruitment process
to ensure all sections of society are applying (the purpose of this
is to be able to analyse the results and detect any unhelpful
trends, bias or discrimination) and also, so that we can continue
to deliver our “Disability Two Ticks Scheme” obligations.
Workforce data will be published in
line with the Public Sector Equality Duty. The Council will aim to
achieve a representative workforce at all levels.
4.10
The Council will not request pre employment health checks however
will continue to monitor diversity throughout the recruitment
process.
4.11 The Council does not
prevent or restrict employees from having a discussion to establish
if differences in pay exist that are related to protected
characteristics but does reserve the right to require employees to
keep pay rates confidential from some people outside the workplace
such as a competitor organisation.
5.1. The Council
will ensure that all services are equally accessible to all people
and are free from prejudice and discrimination. This will be
achieved via the Council’s Corporate Strategy and in addition to
training and integrating equality into service provision.
5.2. The Council
aims to make sure that all employees and contractors have the
information they need in order to provide equality of opportunity
and that this is reflected in their conduct. The Council will
require partners and contractors to have equal opportunity
policies, and will seek sufficient information and evidence that
compliance with equal opportunities legislation is genuine.
5.3 The
Council will fully investigate and monitor all complaints of
discrimination, victimisation and harassment and take appropriate
action.
6.
RESPONSIBILITIES OF COUNCIL MEMBERS
6.1. Council
members will ensure that the overall policy is implemented and
integrated into service action plans as part of continual service
review and best value processes.
6.2 The
overview and scrutiny committees will monitor equality objectives
and ensure adherence to national performance
targets/indicators.
7.1
Management and supervisors at all levels will be expected to set an
example in non-discriminatory behaviour and to ensure that staff
are aware of the Council’s policy and act in accordance with
it. All new and existing staff will be notified of their
personal obligations as part of the Council’s induction training
under the policy. The notification will include reference to the
serious disciplinary consequences that could result if they:
7.1.1 Discriminate, in the course
of their employment, against other employees, job applicants or
members of the public, or harass them or otherwise behave towards
them in ways which are unwanted, unwelcome and unreciprocated;
7.1.2 Induce, or attempt to
induce, other employees to practise unlawful discrimination;
7.1.3 Victimise individuals who
have made allegations or complaints of discrimination, or provided
information about such discrimination.
7.2 The
Council has a Dignity at Work Policy & Procedure to handle
complaints of unacceptable behaviour relating to this policy;
complaints relating to members are handled through the Member /
Officer Relations Protocol and the Code of Conduct for Members of
Havant Borough Council.
7.3 The Joint
Management Team is responsible for approving action plans emanating
from service reviews and annual business planning. Management will
ensure equality objectives are included within service and business
action plans.
8.1 The
Council will conduct equality impact assessments on relevant
policies and functions with due regard to the protected
characteristics.
8.2 These
assessments are a systematic way of finding out whether a policy,
service or strategy will have an adverse impact for any particular
group. The process is designed to tackle the long term challenge of
removing “institutional discrimination” from the public sector, and
ensure that polices, services and strategies do not unfairly
discriminate.
8.3
Guidance and training will be provided to employees who are
responsible for undertaking Equality Impact Assessments.
8.4 Results of
the Council’s Equality Impact Assessments will be published on
the website.
- Equality Action Plan
- Corporate Strategy
- Sustainable Community Strategy
- Customer Care and Access Strateg
- Whistle Blowing Policy
- Members/Officers Relations Protocol
- Code of Conduct for Members of Havant Borough Council
- Grievance Procedures
- Hate Crime Procedures
- Procurement Guidelines
Appendix A - Glossary Including Definitions of
Discrimination
A1
Direct discrimination occurs when someone is treated less
favourably than another person because of a protected
characteristic they have or are thought to have or because they
associate with someone who has a protected characteristic
A2
Associative discrimination already applies to race,
religion or belief and sexual orientation. Now extended to cover
age, disability, gender reassignment and sex. This is direct
discrimination against someone because they associate with another
person who possesses a protected characteristic.
A3
Perceptive discrimination
Already applies to age, race, religion or
belief and sexual orientation. Now extended to cover disability,
gender reassignment and sex. This is direct discrimination against
an individual because others think they possess a particular
protected characteristic. It applies even if the person does not
actually possess that characteristic.
A4
Indirect discrimination
Already applies to age, race, religion or
belief, sex, sexual orientation and marriage and civil partnership,
now extended to cover disability and gender reassignment.
Indirect discrimination can occur when you
have a condition, rule, policy or even a practice in an
organisation that applies to everyone but particularly
disadvantages people who share a protected characteristic. Indirect
discrimination can be justified if you can show that you acted
reasonably in managing your business, i.e. that it is ‘a
proportionate means of achieving a legitimate aim’. A
legitimate aim might be any lawful decision you make in
running your business or organisation, but if there is a
discriminatory effect, the sole aim of reducing costs is likely to
be unlawful. Being proportionate really means being fair and
reasonable, including showing that you’ve looked at ‘less
discriminatory’ alternatives to any decision you make.
A5
Harassment is “unwanted conduct related to a relevant
protected characteristic, which has the purpose or effect of
violating an individual’s dignity or creating an intimidating,
hostile, degrading, humiliating or offensive environment for that
individual”.
Harassment applies to all protected
characteristics except for pregnancy and maternity and marriage and
civil partnership. Employees will now 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. Employees are also protected from
harassment because of perception and association.
A6
Third party harassment already applies to sex - now
extended to cover age, disability, gender reassignment, race,
religion or belief and sexual orientation. The Equality Act makes
you potentially liable for harassment of your employees by people
(third parties) who are not employees of your company, such as
customers or clients. You will only be liable when harassment has
occurred on at least two previous occasions, you are aware that it
has taken place, and have not taken reasonable steps to prevent it
from happening again.
A7
Victimisation occurs when an employee is treated badly
because they have made or supported a complaint or raised a
grievance under the Equality Act; or because they are suspected of
doing so. An employee is not protected from victimisation if they
have maliciously made or supported an untrue complaint.
A8
Race
The current legal definition of a
racial group (to which the Race Relations Act
applies) is a group of people defined by their race, colour,
nationality (including citizenship), ethnic or national
origins.
A9 An
ethnic minority community is an ethnic group that is
numerically smaller than the predominant white group in Britain.
This includes groups distinguished by their skin colour, as well as
those such as Irish, Turkish, Cypriot, Eastern European and
Travelling people.
A10
Disability a person is disabled if they have a physical or
mental impairment which has a substantial and long term adverse
effect on their ability to carry out normal day-to-day activities,
which would include things like using a telephone, reading a book
or using public transport. People who have had a disability in the
past are also protected.
A11 Gender
reassignment
A transsexual person is someone who proposes
to, starts or has completed a process to change his or her
gender.
A12
Sex is the biological difference between men and
women.
A13 Sexual
Orientation means an individual’s sexual orientation
towards:
·
people of the same sex (gay or lesbian);
·
people of the opposite sex (heterosexual);
·
people of both sexes (bisexual)
A14 Racial
Incident In respect of race equality the Council has
adopted the Macpherson definition of a racial incident, i.e. ‘a
racial incident is any incident which is perceived to be racist by
the victim or any other person’.
A15 Religion
or belief, religion includes any religion. It also
includes a lack of religion, in other words employees or jobseekers
are protected if they do not follow a certain religion or have no
religion at all. Additionally, a religion must have a clear
structure and belief system. Belief means any religious or
philosophical belief or a lack of such belief. To be protected, a
belief must satisfy various criteria, including that it is a
weighty and substantial aspect of human life and behaviour.
Denominations or sects within a religion can be considered a
protected religion or religious belief. Humanism is a protected
philosophical belief but political beliefs would not be
protected.
Discrimination because of religion or belief
can occur even where both the discriminator and recipient are of
the same religion or belief.