A GUIDE TO EQUALITY
THE LAW
The main laws relating to Equality are:
The Sex Discrimination Act 1975 (including amendment regulations 2003)
The Race Relations Act 1976 (including Race Regulations 2003)
Equal Pay Act 1970 amended 1983
Disability Discrimination Act 1995 (including amendment regulations 2003)
The Employment Equality (Religion or Belief) Regulations 2003 (in force December 2003)
The Employment Equality (Sexual Orientation) Regulations 2003 (in force December 2003)
The supervisory bodies set up under equality legislation to work towards the elimination of discrimination and the promotion of equality are:
Equality Opportunities Commission
Commission for Racial Equality
Disability Rights Commission
They produce Codes of Practice, which interpret the laws relating to equal opportunity and give practical guidance on how discrimination can be avoided.
The laws and the policy of ess land management ltd, relating to equality are concerned with treating people fairly and without bias. All decisions to do with recruitment, conditions of service, career development and training must be based on suitability without considering any of the Illegal Grounds.
UNLAWFUL DISCRIMINATION
The Race Relations Act, the Sex Discrimination Act, the Disability Discrimination Act, the Employment Equality (Religion or Belief) Regulations and the Employment Equality (Sexual Orientation) Regulations make, or will make it unlawful to discriminate against a person directly or indirectly in the field of employment.
Direct Discrimination
Consists of treating one person less favourably than others on the following grounds, (illegal grounds):
Sex
Gender re-assignment
Marital Status
Sexual Orientation
Race
Colour
Nationality
Ethnic Origin
National Origin
Religion
Belief
Disability
Examples of this would be:
Refusing to employ any women to carry out manual tasks
Rejecting job applicants of a particular nationality
Paying a particular group of employees (e.g. members of an ethnic minority) less than others carrying out similar work.
Refusing employment to someone who is wheelchair bound even when the position is wholly or mainly expected to be an office job.
To make derogatory remarks about a person’s religion
Indirect Discrimination
In relation to discrimination on the grounds of colour, nationality or disability, this occurs when an unjustifiable requirement or condition is applied and even if the rule is applied to all groups, a considerably smaller proportion of one group can comply with it.
For sex and other race discrimination, this occurs when an unjustifiable provision, criteria, practice is applied equally to a person of the opposite sex (or unmarried person) race, ethnic or national origin but which is to the detriment of a considerably larger proportion of people of the applicant’s sex (or married people) or particular racial group.
UNLAWFUL DISCRIMINATION
Examples of this would be:
As a condition of employment, an employer requires all employees (one of whom is Sikh) to wear a hard hat – even though there are no health and safety reasons why they should. The number of members of the Sikh community who could comply with this sort of demand is potentially considerably smaller than the remainder of the population, since they are compelled to wear a turban for religious reasons.
Minimum height requirement for engineers (women are statistically smaller than men and therefore a fewer number of women can comply with the requirement).
Victimisation
This occurs when a person is treated less favourably than others would be because they have made allegations or complaints of discrimination, or done anything in connection with any such complaint or allegation. It is therefore unlawful to victimise an individual for a complaint made in good faith about discrimination or for giving evidence about such a complaint.
Harassment
It is unlawful to harass, intimidate or otherwise subject others to unfavourable treatment on Illegal Grounds. Harassment is unwanted conduct, which violates the victim’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Examples of harassment are set out below.
It is unlawful to:
Instruct another person to discriminate directly or indirectly and to act in response of such instructions. An example of an unlawful instruction is an instruction from a Manager not to employ anyone from a particular sex or racial group or with a disability, for a particular area of work.
Put pressure on another person to discriminate directly or indirectly and to act in response to such pressure. An example of pressure to discriminate unlawfully in an attempt by a group of workers to induce an employer not to recruit someone due to their sex, race or a disability by threatening industrial action.
Segregate by making separate arrangements for persons of different racial groups. An example of segregation is if an employer deliberately reserves one shift for a particular race.
Victimise individuals who have made allegations or complaints of illegal discrimination or provided information about such discrimination. Victimisation would, for example, be in the form of disciplinary action or could simply be disadvantaging an individual by giving him or her the least pleasant jobs, depriving him or her of the opportunity for overtime or requiring him or her to work excessive overtime.
.Harass, intimidate or otherwise subject others to unfavourable treatment on illegal grounds.
Examples of harassment include:
Verbal harassment
Verbal abuse or name calling, statements, remarks or innuendo which intend to ridicule or insult a person on the grounds of their race or sex, or because of a disability.
Jokes of a derogatory nature on illegal grounds or on the basis of age.
The use of threatening or obscene language.
Making verbal sexual advances.
Physical Harassment
Assault, as in physical attack.
Actions which are intended to intimidate.
Actions which intend ridicule, discomfort or embarrassment on illegal grounds or on the basis of age.
Making sexual advances in a physical, or any other nature.
THE RESPONSIBILITIES OF
ALL EMPLOYEES
The following actions by you, the employee, would be unlawful:
Discrimination in the course of your employment against fellow employees.
Inducing, or attempting to induce other employees, unions or management to practise unlawful discrimination. For example, you should not refuse to accept other employees from particular racial groups or refuse to work with a Supervisor of a particular racial group.
Victimising individuals who have made allegations or complaints of discrimination or provided information about such discrimination.
Harassing other employees on illegal grounds.
To assist in preventing discrimination and promoting equal opportunity you should:
Refrain from verbal or physical abuse, harassment or intimidation of others on illegal grounds.
Co-operate in measures introduced by management designed to ensure equal opportunity and non-discrimination.
Draw the attention of management to suspected discriminatory acts or practises.
You are required to maintain acceptable standards of behaviour at work and must not discriminate, whether directly or indirectly, in a way which contravenes the law or our Equal Opportunity Policy. Failure to observe this requirement will be dealt with in accordance with the Company Disciplinary Procedure, which may include summary dismissal for gross breaches of the policy.
If you consider that you have grounds for complaint in relation to the Company’s Equality Policy, including direct or indirect discrimination, harassment, or victimisation you should pursue the matter through the Grievance Procedure and raise it firstly with your immediate Supervisors. If the complaint is of a sensitive nature and it is not appropriate to raise it in the first instance with your immediate Supervisor, then a direct approach may be made to your Personnel Manager/Director or Supervisor.
THE RESPONSIBILITIES OF
MANAGERS AND SUPERVISORS
The success of the Equality Policy depends on managers and Supervisors taking responsibility for ensuring that the Policy is implemented.
The following aspects are the responsibility of all Managers and Supervisors:
Harassment - You must ensure that you:
• Maintain appropriate standards of behaviour from yourselves and other employees
• Recognise and deal with harassment by others.
• Stop language, jokes, abuse or victimisation with racist/sexist connotations, or which would cause offence to those with disabilities.
Recruitment
• You must not discriminate unlawfully in arrangements, such as selection criteria or tests, for determining who should be offered employment.
• All criteria that contribute to the selection decision must be objective and justifiable and must not discriminate either directly or indirectly. It is unlawful to publish an advertisement which indicates, or could reasonably be understood as indicating, an intention to discriminate against applicants on illegal grounds. Drafting of any advertisements shall only be undertaken by Senior Management. Only using ‘word of mouth’ for attracting candidates may unnecessarily restrict the choice of applicants available. All applications should be processed in the same way and you should only shortlist those, which match the selection criteria. The questions you ask at the interview should relate to the requirements of the job. You should keep records of your selection criteria and your reasons for rejection, shortlisting and selection for at least 6 months.
• You must not discriminate unlawfully in the terms on which employment is offered.
• You must not discriminate unlawfully by refusing, or deliberately omitting to offer employment.
Promotion and Transfer
All criteria that contribute to your decision for promotion or transfer must be objective, justifiable and must not discriminate either directly or indirectly.
Terms of Employment, Benefits, Facilities and Services
For example leave, and benefits for dependants should be available to all employees doing broadly similar jobs.
Training/Redundancy
The selection criteria you use for access to training/redundancy opportunities must not discriminate on illegal grounds, either directly or indirectly.
Performance or development and career review
Performance, development and career review, must be conducted in a way that does not discriminate on Illegal Grounds, or is disadvantaged by any other condition or requirement that is not essential for carrying out the job.
Performance must be assessed consistently and objectively over a period of time against relevant and agreed targets, which are not discriminatory.
Disciplinary Procedures
You must not use Disciplinary Procedures to victimise an individual because he or she has complained about discrimination or given evidence about such a complaint.
Any act of direct or indirect discrimination, harassment, victimisation or breach of the Company’s Equality Statement will not be tolerated. It will be regarded as a serious offence and dealt with formally under the Disciplinary Procedure.
Grievance Procedures
Managers and Supervisors are responsible for dealing with grievances as quickly and effectively as possible.
You should not ignore or treat grievances lightly or assume that they are made by people who are over-sensitive. All complaints should be fully investigated.
You must not discriminate on illegal grounds, either directly or indirectly, against any individual who pursues a matter, in relation to the Company’s Equality Policy, through the grievance procedure. Each grievance must be treated fairly and without bias.
All grievances raised under the Equal Opportunity Policy must be reported immediately to your Line Supervisor, Manager, or Director.
Philip Hale
Managing Director
16th July 2006
