Equality And Diversity
Our Equality and Diversity Policy sets out our intentions and how we will achieve them with regards to treating everyone fairly and with due sensitivity to their individual needs.
Introduction
KENNEDY SCOTT LTD is striving to be an Equal Opportunities employer and is committed to promoting equality of opportunity and avoiding unlawful discrimination for all employees, potential employees and the client base. This policy applies to all matters of employment and also recruitment and treatment of clients on training programmes.
The aim of the Equality and Diversity Policy is to ensure that no client, job applicant or employee receives less favourable treatment on any grounds or conditions which cannot be justified. These include direct or indirect discrimination on the grounds of age, gender, disability, race, colour, nationality, ethnic or national origins, marital status, sexual orientation, family responsibility, trade union activity, class, political or religious beliefs.
This Policy will give full consideration to the requirements and intent of equal opportunities legislation including the Sex Discrimination Act 1975; the Race Relations Act 1976 and Race Relations (Amendment) Act 2000; The Equal Pay Act 1970 and subsequent amendment Regulations; The Disability Discrimination Acts 1995 and 2005, the Rehabilitation of Offenders Act 1974, the Human Rights Act 1998 and the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006. The company will also abide by the various codes of practice issued by the legacy commissions before the establishment of the Equality and Human Rights Commission and which are still current. These aim to promote equality of opportunity and eliminate discrimination, namely the Commission for Racial Equality’s Code of Practice on Racial Equality in Employment, the Disability Rights Commission’s Code of Practice on Employment and Occupation and Equal Opportunities Commission’s Code of Practice on Sex Discrimination.
Kennedy Scott’s Managing Director, Teresa Scott, has overall responsibility for the implementation, operation, monitoring and review of this policy. The day to day operation of the policy is the responsibility of Laura Dryden, HR and Training Manager, assisted by Simon Morgan, the Company’s external HR Adviser.
Policy
In order to provide equal employment and advancement opportunities to all individuals, employment decisions at Kennedy Scott will be based on merit, qualifications and abilities. Kennedy Scott does not discriminate in employment opportunities or practices on the basis of any characteristic protected by law.The Company expects all employees, of whatever grade or authority, to abide by and adhere to this general principle. Discrimination is prohibited by law on the grounds of sex, marital or civil partner status, gender reassignment, pregnancy, race, colour, nationality, ethnic or national origin, religion or belief, sexual orientation, or membership or non-membership of a trade union. It is unlawful to treat someone less favourably on grounds of disability than others without that disability, unless the less favourable treatment can be justified, or fail to make reasonable adjustments to overcome barriers in employment caused by disability. It is also unlawful to discriminate unjustifiably on grounds of age in relation to employment.
Furthermore, the Company does not discriminate directly or indirectly in the provision of services to clients and will make whatever reasonable adjustments are necessary to overcome barriers to using its services caused by disability.
Kennedy Scott will therefore make reasonable adjustments to working arrangements and/or physical premises to accommodate employees and clients with disabilities. A separate Disability policy sets out the Company’s approach towards employing people with disabilities.
Types of unlawful discrimination
Direct discrimination
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.
Discrimination by association
This is direct discrimination against someone because they associate with another person who possesses a protected characteristic.
Perception discrimination
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.
Indirect discrimination
Indirect discrimination can occur when you have a condition, rule, policy or even a practice in your company that applies to everyone but particularly disadvantages people who share a protected characteristic.
Harassment
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”. Employees are also protected from harassment because of perception and association.
Third party harassment
The Equality Act makes Kennedy Scott potentially liable for harassment of your employees by people (third parties) who are not employees, such as customers or clients.
Victimisation
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.
Kennedy Scott commits itself to the immediate investigation of any claims of discrimination on the above grounds and, where such is found to be the case, a requirement that the practice cease forthwith and (if appropriate) that restitution is made for damage or loss.
Any employee found guilty of discrimination will be instructed to stop the offending behaviour immediately and will be dealt with under the disciplinary procedure. Unless assurances of future non-discriminatory actions are forthcoming, an employee repeating any act of discrimination may be dismissed.
This policy governs all aspects of employment, including recruitment, selection, promotion, transfer, compensation, discipline, termination and access to benefits and training.
Implementation
This Policy applies to all employees of the company and all those undergoing training on company owned premises. It is the duty of each manager to actively promote the equal opportunities within their own areas of responsibility and to set appropriate objectives as part of their annual Performance Review.
The Policy is published on the company’s intranet, which is accessible to all staff. A summary appears in the employee handbook and the responsibility of all employees to adhere to the Policy is reinforced with a specific clause in contracts of employment. The Company’s commitment to equal opportunities is discussed with new employees during a corporate induction day as part of their induction programme.
The Policy is also discussed at regular senior management meetings.
Any employee or individual undergoing training on company owned premises who feels this policy has not been adhered to have the right to have his or her case considered in accordance with the Company’s recognised grievance procedure.
Any employee who fails to observe the provisions of this Policy and who unfairly discriminates against another employee, client or applicant for employment, may be subject to disciplinary action.
Recruitment and Promotion
The intention of the Company’s recruitment and promotion procedures is to ensure that the highest quality candidates are appointed. Therefore, the selection process is of crucial importance and will be carried out according to objective job-related criteria. Person and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment will be assessed objectively against these requirements, taking account of any reasonable adjustments that may be required for candidates with a disability. Kennedy Scott will ensure that all employees making selection and promotion decisions receive the appropriate training. All advertisements for staff will make reference to the Equal Opportunities Policy. A separate Recruitment policy and Guide to Recruitment contains advice on avoiding unlawful discrimination.
The Company cannot lawfully discriminate in the selection of employees for recruitment or promotion but the Company may use appropriate lawful methods, including lawful positive action, to address the under representation of any group which it identifies as being under represented in particular types of job.
Work Practices
The Company will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if it considers it has good reasons for doing so, which will be unrelated to any prohibited ground of discrimination.
Training
Training is acknowledged as an essential factor in the achievement of equal opportunities in employment. All managers will consider the implications of the Policy when developing and implementing training strategies and plans. Relevant job training opportunities will be made available to all employees. Every employee will have the opportunity to identify and agree with their line manager training and development needs through the performance management process and these will be recorded in an individual Personal Development Plan.
The Company will provide training in equal opportunities to managers and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise. In addition, training will be provided to existing and new employees to help them understand their rights and responsibilities under the Anti-Harassment and Bullying policy and what they can do to help create a work environment free of bullying and harassment.
Anti-Harassment and Bullying Policy
Striving to ensure that the work environment is free of harassment and bullying and that everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities in employment. The Company has a separate Anti-Harassment and Bullying policy which deals with these issues.
Harassment on grounds of sex or race or other characteristic includes repeated offensive or unacceptable comments, action, suggestions or physical contact that are found to be objectionable or create an intimidating work environment. Under the terms of the company’s disciplinary policy, such harassment is deemed as gross misconduct. Any employee found to have committed such harassment will be liable to disciplinary action.
Monitoring
To ensure that the success of the Policy can be assessed, the Company has introduced a system of monitoring. Applicants for jobs are invited to complete a Diversity Monitoring Form, providing details of gender, ethnicity, disability, and age. This information is also held for existing employees. The data is held confidentially within the HR Department and reviewed regularly by the senior management team to check that recruitment and other employment practices are facilitating the development of a diverse workforce that is also reflective of Kennedy Scott’s client base. The Company will consider and take appropriate action to address any problems which may be identified as a result of the monitoring process.
Grievances, disciplinary action, performance reviews and terminations of employment for whatever reason will also be monitored to prevent unlawful discrimination and changes introduced if if they are found to pose a potential or actual risk of unlawful discrimination.
The effectiveness of the equal opportunities policy and all of the Company’s employment practices will be continuously reviewed against the objectives laid out in this policy and in the light of information obtained as a result of monitoring. If changes are required, the Company will implement them.
Employee’s Responsibilities
Every employee must familiarise themselves with this policy. Line managers must also ensure that the staff they are responsible for are aware of, and follow, the policy. Each employee is required to assist the Company to meet its commitment to provide equal opportunities in employment and to prevent unlawful discrimination. Employees can be held personally liable as well as, or instead of, the Company for any act of unlawful discrimination. Acts of discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to summary dismissal.
Grievances
If any employee considers that they have been unlawfully discriminated against, they may use the grievance procedure to make a complaint. Kennedy Scott will take any complaint seriously and will seek to resolve any grievance which it upholds. Employees will not be penalized for raising a grievance, even if this is not upheld unless it was both untrue and made in bad faith.
Action Plan
An equal opportunities action plan will be drawn up with appropriate targets and timescales to demonstrate what Kennedy Scott is doing to achieve equality of opportunity. The effectiveness of the policy and plan will be monitored regularly and a progress report produced annually and published on the intranet, and through e mail and Team briefings.
Contractors
All contracts between Kennedy Scott and contractors to supply goods and services will include a clause prohibiting unlawful discrimination or harassment by contractors or their staff and by any of their sub-contractors and their staff. The contracts will also encourage contractprs to provide equality of opportunity in their employment practices.
Policy Approval
This policy has been approved by Teresa Scott, Managing Director and has the full support of the senior management of Kennedy Scott.
Date: October 2005, revised February 2010.