1 GENERAL STATEMENT
This organisation welcomes diversity and aims to promote equality of opportunity for all persons regardless of sex/gender, race, class, religion or belief, nationality, age, social class, pregnancy, maternal/paternal status, marital/civil partnership status, sexual orientation or trade union membership; and for those with a disability or particular or special needs.
We aim to ensure that everyone with whom we come into contact with is treated in an equal, fair and effective way. For the purposes of this policy, the term employee refers to all workers within the organisation.
When we refer to “we”, we mean this organisation: Live Restaurant Ltd. By “you”, we mean the employee/worker.
The Appointed Person who will help employees with this policy is Mr Warot.
The Appeals Representative who will deal with appeals is Mrs Edwards.
This organisation recognises:
its duty to help eliminate racial discrimination and will promote good relations between persons of different ethnic groups;
that sexism and ageism, like racism, is incompatible with good working practice and that a commitment to anti-sexism, ant-ageism and anti-racism is a fundamental legal and working duty for all employees and in dealing with clients and candidates the right of employees and candidates with disabilities or particular or special needs to participate fully in working life and will make (or assist employers to make) suitable provision wherever possible.
the need to ensure there is no discrimination in respect of pregnancy,, maternal/paternal status, marital status, pregnancy, gender, gender reassignment, religion or belief or at all.
In addition, the Equality Act 2010 (referred to as the Act) protects people with a “protected characteristic” against discrimination in employment, when seeking employment, or when engaged in occupations or activities related to work. The “Protected characteristics”, in alphabetical order are:-
Marriage and civil partnership
Pregnancy and maternity
Religion and belief
This organisation is committed, through all its employees, to a policy promoting wide opportunity of access at all levels. It recognises that this policy will enhance and enrich all concerned by the diversity of experience gained at work.
This organisation recognises that discrimination can take various forms (direct (overt), indirect (covert), victimisation, unconscious and institutional) and has a destructive effect on the recipients, perpetrators and all those who live and work in such an atmosphere.
(a) Direct discrimination, where a person is less favourably treated because, for example,
they have a protected characteristic,
they are thought to have a protected characteristic (discrimination by perception) or
they associate with someone who has a protected characteristic (discrimination by association).
An example is if someone is refused promotion on the grounds that he or she is black, disabled or a woman or a more mature person
(b) Indirect discrimination, where a requirement or condition, which cannot be justified, is applied equally to all groups but has a disproportionately adverse effect on those who share a protected characteristic or on one particular group. An example is where an age limit for new recruits/candidates may exclude many women of that age group because they are unable to apply for the job as a result of family commitments, or the restricting of recruitment to areas where there are few ethnic minorities or a requirement which is nonessential to the job description which may exclude a disabled person (such as the requirement for a driving licence for a job which is mainly office based) or unrealistic expectations which would exclude younger or older persons.
(c) Victimisation, where someone is treated/subjected to detriment (worsening of their position or puts them at a disadvantage) because they have (or it is believed that they have) carried out a “protected act”. The law defines a protected act to include:-
bringing proceedings under the Act
giving evidence or information in proceedings brought under the Act
doing anything which is related to the provisions of the Act
making an allegation that another person has done something in breach of the Act.
S, for example, this means treating someone unfavourably because they have taken (or might be taking) action under the Equality Act or supporting somebody who is doing so.
(d) Discrimination arising from disability –where someone discriminates against a disabled person if he/she treats them unfavourably because of something arising in consequence of their disability, and this treatment cannot be justified as a proportionate means of achieving a legitimate aim.
The law defines that a person has a disability if—
(a) they have a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
(e) Harassment – where ‘unwanted conduct related or in any way connected with to a relevant protected characteristic, has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. The law prohibits three types of harassment:
Harassment related to a “relevant protected characteristic (applies to all protected characteristics except for pregnancy and maternity, and marriage and civil partnership)
Sexual harassment and
Less favourable treatment of a service user because they submit to or reject sexual harassment related to sex or gender reassignment.
The law does allow certain service providers, public bodies to take positive action to take action to achieve more effective equality outcomes for those who share protected characteristics. Should this apply to any action which this organisation takes then we will advise you.
A AS AN EMPLOYER
This organisation is committed to:
ensuring that all employees are made aware of the Policy and know how to pass on this information to candidates and clients;
requiring that all employees work within the Policy;
ensuring that those employees responsible for appointments receive training in respect of the Policy;
regularly monitor the effectiveness of the Policy
aiming for our employees to reflect the mix of society within our individual geographic area and recruit for and select employees with this aim;
striving to prevent any potential or existing employee member from being disadvantaged in any way and particularly, not because of a protected characteristic and provide equality for those with special needs
b OFFERING RECRUITMENT SERVICES
This organisation is committed to:
ensuring that clients and candidates are made aware of the Policy;
encouraging candidates and clients to be aware of and apply the Policy;
requesting and encouraging that all clients and candidates and visitors work within the Policy;
regularly monitor the effectiveness of the Policy
aiming, where possible for our clients and candidates to reflect the mix of society in the areas that we offer services;
striving to assist in preventing any potential or existing clients and candidates and visitors from being disadvantaged in any way and particularly, not because of a protected characteristic and provide equality for those with special needs
3 PARTICULAR CODES OF PRACTICE AND PROCEDURAL GUIDELINES
It is our aim to comply with the Act and ensure that those with a protected characteristic are not discriminated against in any way by us. We ask that clients and, where applicable, candidates comply with relevant legislation in this respect. In this section we have listed some examples of the behaviour which this policy is intended to cover. It is not intended to be an exhaustive list.
It is imperative that employees, clients, candidates and visitors are aware of this organisation’s legal commitments under race discrimination legislation, and its opposition to all forms of racism, and those procedures exist to combat discriminatory practices.
Racist incidents will be dealt with under the organisation’s disciplinary procedures. Examples of incidents which would be subject to such disciplinary procedures include:
Physical assaults/threats against a person or group because of colour or ethnicity
Racist insult/jokes/name calling
Racist graffiti and any other written insult
Provocative behaviour (e.g. wearing racist badges or insignia)
Racist comments in conversation
Attempting to recruit for racist organisations or groups
Racist literature (leaflets, comics, magazines) brought onto any organisation property without critical comment
Providing a platform for racism
It is imperative that all employees, clients, candidates and visitors are aware that this organisation is opposed to all forms of discrimination on grounds of sexual orientation. It is equally opposed to sexual harassment or any form of discrimination based on gender reassignment.
Sexual harassment may be briefly described as repeated, unreciprocated and unwelcome looks, jokes, suggestions or physical images that create a stressful or intimidating working environment.
This organisation recognises its legal duty and other relevant legislation to oppose all forms of discrimination in employment, promotion, transfer or training.
Sexist incidents relating to employees/candidates will be dealt with under the organisation’s disciplinary procedures. Examples of incidents which would be subject to such disciplinary procedures include:
Sexual harassment (as defined above)
Offensive sexual comment, in any context
Wearing of offensive badges or slogans
Publishing, distributing or promoting offensive texts or images without critical comment
It is imperative that all employees, clients, candidates and visitors are aware that this organisation is opposed to all forms of discrimination on grounds of age.
This organisation recognises its legal duty under to oppose all forms of discrimination in employment, promotion, transfer or training.
Ageist incidents will be dealt with under the organisation’s disciplinary procedures. Examples of incidents which would be subject to such disciplinary procedures include:
Offensive ageist comments, in any context
Failing to include a person on the basis of their age
Making age a condition or requirement in any context unless it is vital to do so to comply with legislation (for example persons under 18 and alcohol legislation)
All workers, irrespective of whether they work full or part time, are treated on the same terms, with no detriment, in all matters (albeit on a pro rata basis for pay).
4 EQUALITY OF OPPORTUNITY
Disability, Particular or Special Needs
In accordance with its policy of Equality, this organisation is committed to a policy of welcoming employees, clients and candidates with a disability or particular or special needs and to fully, wherever possible, integrate them into the facilities of this organisation.
This organisation will actively pursue a policy of identifying and combating discrimination towards people with disability or particular or special needs.
In order to eliminate discrimination this organisation must consciously monitor its procedures at the level of employee recruitment, candidates, clients, working practices and assessment procedures and any other issues deemed appropriate from time-to-time. In addition this organisation needs to foster an atmosphere in which employees, clients, candidates can be increasingly aware of the nature of discrimination with the aim of eradicating it. We ask that clients comply with relevant legislation in this respect.
Recruitment and our practices
This organisation will take steps to ensure that applications are attracted from all types of candidates/applicants, including those with protected characteristics, and will ensure that there are equal opportunities in all stages of the recruitment process. Advertisements will contain a brief statement that, as relevant, we or our clients are an equal opportunities organisation and any publicity relating to our organisation will make reference to the equal opportunities policy. Where appropriate, employees responsible for recruitment will receive training in equal opportunities, and guidance will be available to all employees. We ask that clients comply with relevant legislation in this respect.
Sickness Policy and Absence Management
These polices will apply to all employees, regardless of sex, age, disability or any other factor. We ask that clients comply with relevant legislation in this respect.
All performance management procedures will be devised and monitored with the aim of ensuring that disproportionate action is not being taken against any particular group of people, particularly with regard to age or disability. We ask that clients comply with relevant legislation in this respect.
Promotion and Training & Promotion
Any promotion and training opportunities will be available to all employees and will be based solely on merit, and without regard to race, age, sex or disability. When we select individuals for training or promotion, any references (direct or indirect) will not be used and any criteria used will aim to ensure that individuals can not be excluded as a result of being too young or too old. We ask that clients comply with relevant legislation in this respect.
Religious and cultural needs
We will always make reasonable efforts to meets the needs of any individual arising from their religious and cultural needs. This includes having special regard to request for holiday leave and for changes in normal working hours to meet religious and cultural obligations and needs. We ask that clients comply with relevant legislation in this respect.
Redundancy Selection & Payments
Any selection policy used will be based on objective criteria. We ask that clients comply with relevant legislation in this respect.
Changes in Personal Circumstances
We will always comply with legislation and also make reasonable efforts in any event to meets the needs of any individual employee’s change in personal circumstances, including the needs to alter working patterns because of life events such as pregnancy, adoption, parenthood etc. We ask that clients comply with relevant legislation in this respect.
It is incumbent upon all employees to ensure that relevant policies are complied with and codes of practice fulfilled. Induction programmes for employees should heighten awareness of those with protected characteristics. We ask that clients and candidates familiarise themselves with the policy as relevant to our services and the applicable terms and conditions. Moreover, Equality policies can only be fully effective through the constant development of awareness of all employees and assisting candidates and clients.
6 REVIEW AND CHANGES TO THE POLICY
We aim to review this policy annually. The Appointed person will be responsible for this review. If we are going to make changes to this policy then
(i) we will notify employees by either writing to you or in a meeting with the Appointed Person or their representative and
(ii) we will notify clients and candidates by placing the latest updated policy on our website.
Suggestions about this Policy are welcome. Please make suggestions to the Appointed Person.
7 WHEN A PROBLEM OCCURS
Individuals who believe they have been treated in a manner contrary to our policy should if possible and they feel appropriate, in the first instance, make their feelings clear to the perpetrator of the behaviour. Should it prove impossible to resolve the problem informally at this stage then the person subjected to the discrimination or harassment has the absolute right to make the complaint known.
Should an employee be harassed by a client or candidate the normal complaint should be made initially to the employee’s line manager and the normal procedure for complaints against clients or candidates will apply
Should the complaint concern another employee, regardless of grade or position, the complaint should be made initially to the perpetrator’s line manager. The normal employee disciplinary procedure will apply and may be held personally liable if the victim undertakes legal proceedings.
Should a client or candidate be harassed by an employee then our complaints procedure must be followed. The normal employee disciplinary procedure will also apply and may be held personally liable if the victim undertakes legal proceedings.
All such incidents will be dealt with quickly and in confidence, and every effort will be made to deal with the matter informally at first by explaining its effect on the victim or victims.
In some cases the nature of the perceived discrimination or the relationship between the complainant and the person against whom harassment is alleged, may make the courses of action described above impractical or inappropriate. In such cases the person who feels they have suffered the harassment may contact the Appointed Person.
In all cases, depending upon the severity of discrimination and the victim’s needs, consideration must be given to Police involvement. Some types of discriminatory behaviour and harassment are classed as criminal offences.
Where appropriate, the alleged perpetrator of the unacceptable behaviour will be transferred during the investigation process, or suspended. Should investigation show that the allegation is well founded the primary aim of this organisation’s policy in all cases will be to redress any injustice and prevent a recurrence of the discriminatory practice or harassment. Where necessary, disciplinary action, up to and including expulsion of termination of contract, may be taken.