Equal Opportunities Policy & Procedure
The purpose of the document is to briefly outline the key areas for ensuring that Elev8 Training Limited is consistently and constantly gathering and monitoring necessary Equal Opportunities information to support the implementation of the Equal Opportunities policy with all people engaged with Elev8 Training Limited.
The company’s objective is to maintain operational standards so that all its employees and apprentices are treated equally irrespective of race, sex, sexual orientation, religion, disability, age, marital status, or ethnic origin. Employees and apprentices are instructed to ensure the following:
There shall be no discrimination in respect of race, sex, sexual orientation, religion, disability, age, marital status, or ethnic origin
Promotion, training, and development shall be determined on capability and merit only
All employees and apprentices have a personal responsibly for the practical application of the policy, which applies to the treatment of customers, suppliers, public and each other
Any employee, manager or supervisor involved in recruitment, promotion or training of apprentices has a specific responsibility for the practical application of this policy
If an employee or apprentice considers he/she has been unfairly discriminated against, they should refer to the company complaints Procedure.
Policy Statement
Elev8 Training Limited is committed to and believes that fairness and equality of opportunity are a fundamental human right for all. Elev8 Training Limited wholeheartedly supports the principles of equal opportunity and diversity for all its employees and apprentices on its learning programmes.
We value diversity and will:
Aim to create a workforce with a broad range of characteristics reflecting our diverse customer base and the communities within which we operate.
Establish a work environment free from any form of discrimination, harassment, bullying and victimisation.
Ensure that all applicants, employees, apprentices and all third parties are treated fairly and with equality of opportunity, irrespective of, but not limited to, their culture, race, colour, nationality, religious or beliefs, ethnic or national origin, age, gender, sexual orientation, transsexualism, disability, unrelated criminal convictions, marital or parental status and membership of an affiliated trade union.
Appoint, train, develop, promote and reward all individuals fairly and objectively on the basis of their skills, aptitudes and abilities.
Seek the opinions of our employees on the development and performance of equality and diversity initiatives to ensure they effectively meet their needs and those of our apprentices and customers.
Demonstrate the positive benefits of diversity by monitoring the composition of our workforce and apprentice group and by measuring the impact of our recruitment and selection initiatives.
Comply with UK and European legislation and Codes of Practice.
Responsibility
We each have a responsibility for our own behaviour, and for maintaining an environment in which prejudice is eliminated and where everyone is treated fairly, with respect and dignity. We as a company believe that each individual can only give their best if we are an inclusive organisation and can demonstrate the value we place on diversity.
Every employee has a duty of care towards their colleagues, apprentices, customers and third parties, and we all have a personal responsibility for ensuring the practical application of our policy.
The Managing Director and the Senior Management Team have key responsibilities for the direct implementation of our policy, promoting equality of opportunity for employees and apprentices on government funded programmes, monitoring the Policy’s use and following up any relevant complaints. responsible for maintaining the Policy and promoting equality of opportunity in employment through clear communication, thorough understanding and good practice. The Senior Management Team will communicate, monitor and implement the policy. The Managing director is responsible for ensuring it is reviewed annually and is up to date..
Communication
Our Equality and Diversity Policy is available in hard copy. please contact us using the details on our contact page at https://www.elev8training.com/contact-us
Training will be provided for staff to ensure awareness is raised and staff have a clear understanding of equality and diversity and their responsibilities.
Complaints
Any complaint made verbally or in writing will be taken seriously and dealt with in a timely and sensitive manner, in accordance with our published complaints, grievance and disciplinary procedures.
The pastoral Director is available for confidential consultation on any issue relating to discrimination, bullying, harassment or victimisation. He can be contacted on 0151 924 8753 or Joe@elev8training.com.
Support
In support of the Equality & Diversity Policy and with particular reference to race, Elev8 Training Limited will address the statutory duties of the Race Relations (Amendment) Act 2000 i.e.:
General duties
To eliminate unlawful racial discrimination
To promote equality of opportunity and good relations between persons of different racial groups
Specific duties
Prepare a written Race Equality Policy
Make arrangements for fulfilling specific duties
Assess impact of the policy on apprentices and staff of different racial groups
Monitor recruitment, progression and career progression of different racial groups
Set out arrangements for publishing the Policy, assessments and monitoring
Publish the results of monitoring annually
Elev8 Training Limited will achieve this by:
Making a commitment to positive action in relation to race and ensuring that this is monitored via mainstream planning, i.e. Strategic Plan monitoring & Senior Management Team monitoring.
Producing an annual Race Action Plan within the overall E&D quality improvement plan.
Developing systematic arrangements to assess the impact of race equality procedures, i.e.
The recruitment & career progression of Black Minority Ethnic (BME) staff
The training and development of all staff on Equality & Diversity (specifically Race).
The career development of Black Minority Ethnic (BME) staff.
Performance appraisal & target setting.
Complaints of discrimination & harassment.
apprentice enrolments, retention and achievement.
Fostering cohesion and good relations.
Seeking to actively involve members of the Black Minority Ethnic community in our planning & monitoring procedures.
Supporting Apprenticeship employers
Prior to enrolment of any apprentices we will confirm with employers if they have an Equality and Diversity policy (or equivalent) and a fair recruitment policy (or equivalent). Where employees have not adopted these practices Elev8 Training will offer support to develop these and implement them within the business.
This Disability Equality Scheme
The Disability Equality Scheme is introduced in the context of the Disability Discrimination Act (2005) and meets the new general duty placed on all public sector providers having due regard to:
General duty:
Eliminate discrimination and harassment.
Promote equality of opportunity between disabled persons and other persons.
Promote positive attitudes towards disabled persons and encourage participation by disabled persons in public life.
A Disability Equality Scheme shall include a statement of:
The ways in which such disabled people have been involved in its development
Methods for assessing the impact of policies and practices on equality for disabled persons
The steps which Elev8 Training Limited proposes to take toward the fulfillment of the general duty
The arrangements for gathering information on the effect of policies and practices on disabled persons and in particular: recruitment, development, retention, available educational opportunities and achievements.
The arrangements for making use of such information to assist in the performance of general duty
Annual reporting
The Disability Equality Scheme falls under the umbrella of our Equality and Diversity policy and will be embedded within strategic planning and self-assessment processes.
Elev8 Training Limited will meet its obligations under the Disability Discrimination Act as amended. We aim to be a disability friendly Training Provider. We will endeavor to make all reasonable adjustments to help disabled apprentices to succeed.
The Gender Equality Scheme
The Gender Equality Scheme is introduced in the context of the Equality Act 2006 and meets the new general duty placed on all public sector providers having due regard to:
Elimination of unlawful discrimination and harassment.
Promotion of equality of opportunity between women and men.
The new duty requires Elev8 Training Limited to be proactive in promoting equality for women, men and transsexual people and to undertake a rigorous overhaul of our policies and processes with gender equality in mind. Unlawful discrimination in the Equality Act and the Sex Discrimination Act means:
Direct or indirect discrimination against women and men, in employment and education; in goods, facilities and services and in the exercise of public functions.
Harassment, sexual harassment and discrimination on the grounds of pregnancy and maternity leave.
Discrimination on the grounds of gender reassignment in employment and vocational training.
Direct or indirect discrimination in the employment field on the grounds that the person is married or has a civil partner.
Victimisation on the basis of gender.
Furthermore, the Sex Discrimination Act also protects those individuals who are intending to undergo, are undergoing or have undergone gender reassignment.
The Gender Equality Scheme falls under the umbrella of our Equality and Diversity policy and will be embedded within strategic planning and self-assessment processes.
The Equality Act 2010: Introduction
Over the last four decades, discrimination legislation has helped to make Britain a more equal society. However, the legislation was complex and, despite progress in many areas, some persistent inequalities remain.
The main provisions of the Equality Act 2010 came into force on 01 October 2010. As different sections of the Act are gradually brought into force, the Act will replace existing equality legislation. It is intended to simplify and strengthen the previous legislation, providing a modern, single legal framework with clear, streamlined law that will be more effective at tackling disadvantage and discrimination.
The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to prepare for them. The Government is still considering how some provisions will be commenced so that the Act is implemented in an effective and proportionate way.
Protected characteristics
The Equality Act 2010 provides protection from unlawful discrimination and harassment to groups and individuals on the grounds of the following:
“Protected Characteristics”
• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation
The Act applies to:
• Services and Public Functions
• Premises
• Work
• Education
• Associations, including Political Parties
Key forms of discrimination
The main changes to how forms of discrimination apply to protected characteristics are summarised by ACAS in “The Equality Act 2010 - What’s new & what’s changed: at a glance”: download a table showing the key changes. http://www.acas.org.uk/CHttpHandler.ashx?id=2840&p=0
In brief, the key forms of discrimination in the Equality Act 2010 are:
Direct discrimination: Someone is treated less favourably than another person because of a protected characteristic (PC)
Associative discrimination: Direct discrimination against someone because they associate with another person who possesses a PC
Discrimination by perception: Direct discrimination against someone because the others think they possess a particular PC
Indirect discrimination: Can occur when you have a rule or policy that applies to everyone but disadvantages a particular PC
Harassment: Employees can now complain of behaviour they find offensive even if it is not directed at them
Harassment by a third party: Employers are potentially liable for harassment of their staff by people they don’t employ
Victimisation: Someone is treated badly because they have made/supported a complaint or grievance under the Act
Key Provisions of the Act
Provisions coming into force on 1 October 2010
The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.
Changing the definition of gender reassignment, by removing the requirement for medical supervision.
Leveling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers.
Clearer protection for breastfeeding mothers;
Applying the European definition of indirect discrimination to all protected characteristics.
Extending protection from indirect discrimination to disability.
Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment.
Applying the detriment model to victimisation protection (aligning with the approach in employment law).
Harmonising the thresholds for the duty to make reasonable adjustments for disabled people.
Extending protection from 3rd party harassment to all protected characteristics.
Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.
Allowing claims for direct gender pay discrimination where there is no actual comparator.
Making pay secrecy clauses unenforceable.
Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.
Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce.
Harmonising provisions allowing voluntary positive action.
Voluntary gender pay gap information for private and voluntary sector
Provisions on whose implementation the Government is consulting
• The public sector Equality Duty
Provisions the Government is still considering
• Dual discrimination
Duty to make reasonable adjustments to common parts of leasehold and commonhold premises and common parts in Scotland
• Provisions relating to auxiliary aids in schools
• Diversity reporting by political parties
• Provisions about taxi accessibility
• Prohibition on age discrimination in services and public functions
• Family property
• Civil partnerships on religious premises
Ministers are considering how to implement these remaining provisions in the best way for business and for others with rights and responsibilities under the Act. Their decisions will be announced in due course. It was made known on 17 November 2010 that a proposed socio-economic duty on public bodies would not be implemented.
Public Sector Duties
The current public sector duties covering Race, Disability and Gender will continue to apply. It is expected that in April 2011 the Act will also extend the scope of duties on the public sector and will introduce a Single Equality Duty on the public sector.
The new single Equality Duty brings together the current race, disability and gender equality duties and extend the provision to include age, religion or belief, sexual orientation; and gender reassignment. It will require public bodies to have due regard to the need to
• Eliminate discrimination, harassment and victimisation,
• Advance equality of opportunity, and
• Foster good relations.
Enforcement
The Equality and Human Rights Commission (EHRC) has regulatory functions to ensure that individuals and businesses comply with the law. This is not limited to formal legal enforcement action, such as inquiries and investigations, but is supported by a range of activities such as the provision of advice, guidance and education; the encouragement of good practice; the raising of general public awareness and understanding of problems; assisting individuals with problems; targeted awareness-raising to enable and assist bodies to comply; intelligence gathering, research and monitoring of trends, and action to prevent non-compliance and unlawful acts.
Guidance
Further information and guidance is available from the websites of:
• The Equality and Human Rights Commission (EHRC) http://www.equalityhumanrights.com
• The Government Equality Office (GEO)
• Advisory, Conciliation and Arbitration Service (ACAS)
Dignity
Elev8 Training Limited will not tolerate any form of harassment, discrimination or bullying by any members of its community. Nobody is expected to tolerate what they genuinely and reasonably believe to be harassment, discrimination or bullying.
There are two key ways in which we ensure that the environment we wish to create becomes a reality. The first is by charging managers and tutors with the responsibility for ensuring that staff and apprentices are neither harassed nor discriminated against. The second is to foster an environment in which there is no tolerance of discriminatory, bullying or harassing behaviour from any member of staff or any apprentice.
http://www.anti-bullyingalliance.org.uk/
What is harassment, discrimination and bullying?
Harassment
Is unwanted conduct which has the effect (intentionally or unintentionally) of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment which interferes with an individual's learning, working or social environment or induces stress, anxiety or sickness on the part of the harassed person.
Discrimination
Takes place when an individual or a group of people are treated less favourably than other because of their race, gender, gender reassignment, marital status, status as a civil partner, disability, age, religion or belief, sexual orientation or other factors unrelated to their ability or potential.
Bullying
Can be defined as repeated or persistent actions, criticism or personal abuse, either in public or private which (intentionally or unintentionally) humiliates, denigrates, undermines, intimidates or injures the recipient.
Age
Elev8 Training Limited is committed to providing a positive working and learning environment free from discrimination, harassment, or victimisation on the grounds of age, or perceived age where all staff and apprentices are treated with respect and dignity
Current Legislation
The Employment Equality (Age) Regulations 2006 prohibits unjustified direct and indirect age discrimination in employment and vocational training, including the provision of courses for students and student services.
The Employment Equality (Age) Regulations came into force in October 2006, and makes it unlawful for you to be discriminated against at work on the grounds of your age, or perceived age.
There is a wide range of other legislative provision which is related to age discrimination including:
Ageism is defined as, 'action that disadvantages an individual because of their age on the basis of assumptions, misconceptions or stereotypes about age and ability, and hinders the proper consideration of an individual's talents, skills, potential and experience' It can be used to the detriment of people of any age and occurs throughout the whole employment lifecycle.
Discrimination
The Employment Directive defines age discrimination as follows:
Direct
Direct age discrimination can be said to have occurred when one person is treated less favourably than another on the ground of age alone. In presenting this definition, the Directive seeks to prevent such discrimination in employment, self-employment and training. It suggests circumstances when such difference in treatment could be objectively justified by an over-riding legitimate aim and the means of achieving that aim are appropriate and necessary.
Indirect
Indirect age discrimination is said to occur where an apparently neutral provision, criterion or practice would put persons of a particular age at a particular disadvantage compared with other persons. Again the Directive suggests that some indirect discrimination could be objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Harassment
Harassment is a form of age discrimination in the field of employment is defined as unwanted conduct that takes place with the purpose or effect of violating the dignity of a person or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Disability
Elev8 Training Limited is committed to providing a positive working and learning environment free from discrimination, harassment, or victimisation due to a disability where all staff and apprentices are treated with respect and dignity.
Current Legislation
The Disability Discrimination Act 2005 places a positive duty on all public sector organisations to eliminate discrimination and actively promote disability equality.
Disability Discrimination Act (DDA) 1995
The Disability Discrimination Act (DDA) 1995 was passed to end the discrimination that many disabled people face.
It aimed to protect disabled people in:
Employment
Access to goods, facilities and services
The management, buying or renting of land or property
Education
With regards to employment, the DDA made it unlawful for an employer and therefore any of its staff to discriminate against a disabled person for a reason that relates to the persons disability, if that treatment cannot be justified.
This applied not only to recruitment but all areas of employment including the terms and conditions of employment, opportunities for promotion, transfer, training, dismissals, redundancies, and post employment (e.g. the provision of references).
For education providers, new duties came into effect in September 2002 under Part IV of the DDA amended by the Special Educational Needs and Disability Act (SENDA).
These require Elev8 Training Limited to ensure that it does not discriminate against disabled apprentices, prospective apprentices, and visiting apprentices in its service provision.
Further regulations, the Disability Discrimination Act 1995 (Amendment) Regulations 2003 aim to make the law more inclusive and introduced certain key amendments, including:
Change of burden of proof from employee to employer
Specific prohibition of harassment based on disability
Most recently, a new Disability Discrimination Bill was given royal assent in April 2005 and has now become the Disability Discrimination Act (2005).
This Act, which extends the scope of the Disability Discrimination Act (1995), will amongst other things:
Make it easier for mental health service users, people with cancer, HIV and multiple sclerosis to claim their rights under the DDA
Address institutional discrimination through a duty to promote disability equality for the public sector.
Race
Elev8 Training Limited is committed to providing a positive working and learning environment free from discrimination, harassment, or victimisation due to race where all staff and apprentices are treated with respect and dignity
Current Legislation
The Race Relations Amendment Act 2000 places a positive duty on all public sector organisations to eliminate discrimination and actively promote race equality.
Race Relations Amendment Act 2000
All racial groups are protected from unlawful racial discrimination by the Race Relations Act (1976) and the Race Relations Amendment Act (2000) (RRAA).
Religion or beliefs
Elev8 Training Limited is committed to providing a positive working and learning environment free from discrimination, harassment, or victimisation due to religion or belief where all staff and apprentices are treated with respect and dignity.
Current Legislation
The Employment Equality (Religion or Belief) Regulations 2003 protect people from discrimination on the grounds of all religions and beliefs.
Employment Equality (Religion or Belief) Regulations 2003
The Employment Equality (Religion or Belief) Regulations 2003 protect people from discrimination on the grounds of all religions and beliefs.
Definitions
Religion or belief is defined as being any religion, any religious belief or similar philosophical belief. It does not include any philosophical or political belief unless it is similar to religious belief.
Discrimination
The Employment Equality (Religion or Belief) Regulations 2003 defines discrimination in the following terms:
Please note that the word Festival is used for the various differing holidays, holy day, celebrations, etc.
Direct Discrimination
Occurs when one person (A) treats another person (B) less favourably than s/he would treat other persons, and the reason is B's religion or belief.
Indirect Discrimination
Occurs if one person (A) applies a provision, criterion or practice, which s/he to other persons not of B's religion or belief, but which puts B at a disadvantage when compared with those others, and which cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment
On grounds of religion or belief arises if a person engages in unwanted conduct which has the purpose or effect of violating another person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. Conduct will have that effect only if having regard to all the circumstances, including the perception of the complainant; it should be reasonably considered as having that effect.
Victimisation
Arises when a person is treated less favourably because he has brought proceedings against the discriminator, given evidence in proceedings, done anything under the regulations, or alleged that the discriminator has committed an act which amounted to a contravention of the regulations.
Sexual Orientation
Elev8 Training Limited is committed to providing a positive working and learning environment free from discrimination, harassment, or victimisation where all staff and apprentices are treated with respect and dignity
Current Legislation
The Employment Equality (Sexual Orientation) Regulations 2003 protects you whether you are gay, lesbian, bisexual or heterosexual. It also protects those who are believed to be of a particular sexual orientation, whether or not they are.
Employment Equality (Sexual Orientation) Regulations 2003
The Employment Equality (Sexual Orientation) Regulations 2003 protects you whether you are gay, lesbian, bisexual or heterosexual. It also protects those who are believed to be of a particular sexual orientation, whether or not they are.
Definitions
Sexual orientation refers to a person's sexuality, whether a person is attracted to people of their own sex, the opposite sex or both sexes.
Discrimination
The Employment Equality (Sexual Orientation) Regulations 2003 define discrimination in the following terms:
Direct Discrimination
Occurs if a person treats another person less favourably on the grounds of sexual orientation.
Indirect discrimination
May occur when a 'provision, criterion, or practice' is applied which puts persons of a particular sexual orientation at a disadvantage when compared with other persons.
Harassment
Occurs where, on the grounds of sexual orientation, a person engages in unwanted conduct which has the purpose or effect of violating the dignity of another person, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other person.
Victimisation
Occurs when a person treats another person less favourably, because that person has done one of the protected acts, i.e. bringing proceedings, giving evidence or doing anything else under or by reference to the Regulations.
Trans
Trans is an umbrella term which includes, but is not restricted to, transgender and transsexual people whose gender identity differs from their biological sex.
Elev8 Training Limited is committed to providing a positive working and learning environment free from discrimination, harassment, or victimisation where all staff and apprentices are treated with respect and dignity.
Current Legislation
The Gender Recognition Act became law in 2004. The Act means that people who have taken decisive steps to live fully and permanently in their acquired gender are afforded all the same rights and responsibilities appropriate to that gender.
The Gender Equality Duty 2007 places a positive duty on all public sector organisations to eliminate discrimination and actively promote gender equality.
Gender equality means the fair and equal treatment of men, women and transgender people. By transgender we include people to choose to live in the opposite gender and those who have gone through or are going through a gender re-assignment procedure.
The Gender Recognition Act 2004
The Gender Recognition Act became law in 2004. The Act means that people who have taken decisive steps to live fully and permanently in their acquired gender are afforded all the same rights and responsibilities appropriate to that gender.
Discrimination on the grounds of gender reassignment has always been illegal under the Sex Discrimination Act (1975) and Sex Discrimination (Gender Reassignment) Regulations (1999) (GRR), but this Act also provides legal recognition for transsexual people.
Definitions
Trans is an umbrella term which includes, but is not restricted to, transgender and transsexual people whose gender identity differs from their biological sex.
Discrimination
Discrimination on the grounds of gender reassignment has always been illegal under the Sex Discrimination Act (1975) and Sex Discrimination (Gender Reassignment) Regulations (1999) (GRR), but the Gender Recognition Act 2004 also provides legal recognition for transsexual people.
Direct Discrimination
This arises when a person of one sex is treated less favourably than a person of another sex, and the sex of that person is the reason for the unfavourable treatment.
Indirect Discrimination
A person discriminates against a woman if he applies to her a provision, criterion or practice which he applies or would apply equally to a man but;
Which is such that it would be to the detriment of a considerably larger proportion of women than of men, and
Which he cannot show to be justified irrespective of the sex of the person to whom it is applied, and
Which is to her detriment.
Harassment
Sexual harassment is defined as occurring where and any forms of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation
It is also unlawful to victimise a person because he/she:
Brought proceedings under the Act, or the Equal Pay Act 1970 Amendment Regulations (2004), or
Given evidence or information in connection with proceedings under either Act, or
Done anything (in relation to either Act) to the discriminator or any other person, or
Has made allegations of a contravention of either Act.