ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 PO06 – EQUALITY AND DIVERSITY 1. SCOPE 1.1. ELMS values diversity and is committed to ensuring the equality of opportunity both in employment and service delivery. We believe that everyone should be treated fairly regardless of their race, colour, ethnic or national origin, religion or belief, gender, sexual orientation, marital status, age, disability or appearance. ELMS is opposed to any type of prejudice and/or use of stereotypes. 2. PURPOSE 2.1. In addition to fulfilling our statutory responsibilities to promote equality of opportunity in all our activities, we are committed to developing an organisational culture that values people from all sections of the community and the contribution each individual can make to our work. It is our aim to have a diverse workforce with representation of different groups at each level of the organisation. Furthermore, we will strive to ensure that our staff and Trustees will, as a minimum, reflect the diversity of our service users. 3. POLICY STATEMENT 3.1. ELMS recognises that we have the opportunity and influence to reduce the disadvantages that people experience, by making our services more responsive to all communities and individual needs. We want our services, facilities and resources to be accessible. To ensure this we aim to make information available to speakers of other languages, people with different literacy levels and degrees of sensory deprivation. 3.2. ELMS will review, as part of our annual monitoring, the effectiveness of our equality and diversity arrangements. This review will include monitoring of equal opportunities data in recruitment and referrals. 4. PROCEDURE 4.1. ELMS will take action against anyone responsible for discrimination or harassment whilst working on our behalf or living in, or visiting our properties. To ensure this we will actively promote the use of our AntiHarassment/Bullying Policy (HS09), Equality & Diversity Policy (PO06), Complaints & Suggestions Policy (QA07) and Adult Protection Policy (SM09). F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 1 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 4.2. In addition to this ELMS expects and places an obligation on those who represent the organisation, including employees and the Trustees, to uphold our commitments and to promote equality in the provision of services and as an employer. In addition we place an expectation on service users, volunteers and contractors to uphold the principles of equality and diversity. 4.1. ENSURING EQUALITY & DIVERSITY 4.1.1 Our overall strategy for equality and diversity is to ensure that the policy is applied fully, fairly and consistently across ELMS as an integral part of our employment and service delivery arrangements. 4.1.2 ELMS recognises that all people are different and aims to ensure that we treat each individual with dignity and respect. We recognise that some kinds of difference, discrimination or disadvantage are widely shared and experienced. It is therefore our aim not to repeat negative experiences that our staff or service users have had in the past. In order to achieve the aims of our overall strategy we will take action to address discrimination experienced by particular groups, as well as action to promote and achieve diversity in employment and service delivery. 4.1.3 The following strategies reflect the existing and forthcoming EC and UK legal framework and definitions for equality. They therefore refer to equality (for particular groups) while also supporting diversity (recognising the needs of each individual). 4.2. PROTECTED CHARACTERISTICS 4.2.1 The particular groups protected by current equality legislation are: age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity. These are called ‘protected characteristics’ and are described in this policy. 4.2.2 The table below shows what types of discrimination each group is protected against. F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 2 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Age Disability Date: 29/10/2013 Protected characteristics (PC) Religion Gender Race or Belief Reassignment Types of discrimination DIRECT DISCRIMINATION Someone is treated less favourably than another person because of a protected characteristic (PC) DISCRIMINATION BY ASSOCIATION 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 there is a rule or policy that applies to everyone but disadvantages a particular PC HARASSMENT Behaviour that staff find offensive even if it is not directed at them HARASSMENT BY A THIRD PARTY Harassment by people not employed by ELMS VICTIMISATION Someone is treated badly because they have made / supported a complaint or grievance under the Equality Act 2010 F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 3 of 14 Sex Sexual Marriage Orientation & C.P. Pregnancy & Maternity ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: 5. Aim Version: 1 Approved by: Council Date: 29/10/2013 TYPES OF DISCRIMINATION: DEFINITIONS 5.1. Direct discrimination 5.1.1 Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have (see perception discrimination below), or because they associate with someone who has a protected characteristic (see discrimination by association below). 5.2. Discrimination by association 5.2.1 Discrimination by association applies to race, religion or belief, sexual orientation, age, disability, gender reassignment and sex. This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. 5.3. Perception discrimination 5.3.1 Perception discrimination applies to age, race, religion or belief, sexual orientation, 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. 5.4 Indirect discrimination 5.4.1 Indirect discrimination applies to age, race, religion or belief, sex, sexual orientation, marriage and civil partnership, disability and gender reassignment. 5.4.2 Indirect discrimination can occur an organisation has a condition, rule, policy or even a practice that applies to everyone but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if the organisation can show that it acted reasonably in managing the business, ie that it is ‘a proportionate means of achieving a legitimate aim’. 5.4.3 A legitimate aim might be any lawful decision made in running the 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 ‘less discriminatory’ alternatives to any decision ELMS makes have been looked at. 5.5. Harassment 5.5.1 Harassment applies to all protected characteristics except for pregnancy and maternity and marriage and civil partnership. Staff are able to complain of behaviour that they find offensive even if it is not directed at F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 4 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 3 Approved by: Council Date: 03/04/13 them, and the complainant need not possess the relevant characteristic themselves. Staff are also protected from harassment because of perception and association. For more information on harassment, please refer to ELMS’s HS09 Harassment. 5.6. Third party harassment 5.6.1 Third party harassment applies to sex, age, disability, gender reassignment, race, religion or belief and sexual orientation. People (third parties) who are not employees of ELMS, such as contractors or service users may potentially harass ELMS’s staff. ELMS will ensure that this is immediately addressed in order to protect our service users and members of staff. For more information please refer to ELMS’s ELMS’s HS09 Harassment. 5.7. Victimisation 5.7.1 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. There is no need to compare treatment of a complainant with that of a person who has not made or supported a complaint under the Act. 6. PEOPLE WITH RESPONSIBILITIES AS CARERS 6.1. ELMS recognises the disadvantage that may be experienced by those with responsibilities for caring for others. We acknowledge that there is no one view of what constitutes caring responsibility though it may include caring for children, a person with a disability and older people. We wish to create an environment where employees, and service users, both men and women, are free to share their needs and concerns as carers and are not disadvantaged by doing so. 6.2. To achieve this we will: • Through consultation, work to identify the needs of carers on an individualised basis and develop appropriate arrangements to meet those needs. • Within the constraints of effective service delivery, make the best possible use of flexible working practices to support carers in our workplace. • Develop an organisational culture, which provides a supportive environment for carers, where the balance of work and carer requirements are recognised and supported in all areas and levels. F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 5 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 • Ensure that discrimination and harassment are dealt with in accordance with organisational policy and procedure including ELMS’s Family Friendly and Flexible Working policies. 7. GENDER (SEX) 7.1. ELMS is committed to achieving gender equality. We recognise our duties under the Equality Acts 2006 and 2010 legislation and codes of practice and undertake to strive for gender equality in service provision and employment. 7.2. Where there is a genuine occupational requirement, such as the person being of a particular gender to be considered for a post ELMS will deal with these circumstances sensitively 7.3. To achieve this we will: • Provide accessible and relevant services which meet people’s needs and respect their gender and trans-gender identity • Strive to create an environment free from harassment and sexist language and behaviour • Within the constraints of effective service delivery, create a flexible working environment where the balance of work and home requirements are recognised and supported in all areas and levels. 8. SEXUAL ORIENTATION 8.1. ELMS recognises the discrimination that people face in their lives due to their sexuality and we are committed to working to remove this unfair treatment. We recognise the need for our own strategy to be in line with the EC Directive (2000/78/EC) and UK legislation on discrimination in employment and vocational training. 8.2. We want to create an environment where lesbian, gay, heterosexual and bisexual people are free from unfair treatment and harassment and feel safe to be open about their sexuality, if they choose to do so. 8.3. To achieve this we will: • Undertake to ensure our services are accessible and relevant to peoples’ needs in respect of their sexual orientation • Aim to ensure our employment policies are not based on the assumption that everyone is heterosexual F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 6 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 • Ensure discrimination and harassment are dealt with, respecting confidentiality as much as possible and in accordance with organisational policy and procedure. 9. GENDER REASSIGNMENT 9.1. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender. They do not need to be under medical supervision to be protected – so a woman who decides to live as a man but does not undergo any medical procedures would be covered by equality legislation. ELMS recognises that it is discrimination to treat transsexual people less favourably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment than they would be treated if they were absent because they were ill or injured. 9.2. 9.3. ELMS is committed to creating an environment where transsexual people are free from unfair treatment and harassment and feel safe to be open about their sexuality, if they choose to do so. 9.4. To achieve this we will: • Undertake to ensure our services are accessible and relevant to peoples’ needs in respect of their sexual orientation • Aim to ensure our employment policies are not based on the assumption that everyone is the same • Ensure discrimination and harassment are dealt with, respecting confidentiality as much as possible and in accordance with organisational policy and procedure. 10. RACE 10.1. ELMS is committed to achieving racial equality. We recognise our duties under the Racial and Religious Hatred Act 2006 and the Equality Acts 2006 and 2010 and related Codes of Practice. Further to the above we undertake to strive for racial equality in service provision and employment. We are also very much committed to promoting good relations between all racial groups and organisations. 10.2. In particular ELMS will: • Tackle unlawful racial discrimination • Promote good relations between people from different backgrounds. F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 7 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 10.3. To achieve this we will: • Provide services relevant to people’s needs, which respect their cultural and social identities. • Make sure our services and information are accessible and available to members of the BME community and organisations. • Further to the above, we strive to have a representative workforce at an organisation level who can sensitively address the needs of all communities. • Work with other agencies and community organisations to promote racial equality and eliminate racial disadvantage and racial harassment. • Strive to create a work environment which is free from racial harassment and racist behaviour. • Celebrate diversity through the organisation with cultural events for service users either locally or across the organisation. 11. RELIGION AND BELIEF 11.1. ELMS is aware of its responsibility to tackle unlawful discrimination and harassment on grounds of religion and belief and will take steps to promote good relations between people of different religions and beliefs. This recognition is in line with the EC Directive (2000/78/EC), the Equality Acts 2006 and 2010 and the Racial and Religious Hatred Act 2006. 11.2. To achieve this we will: • Strive to create an environment, which recognises and respects different religions and beliefs and is free from unlawful discrimination and harassment. • Ensure that employment practices and services recognise and respect religion and belief. • Through awareness raising ensure our staff understand religion and belief so that they can sensitively address the needs of individuals and different faith groups. • Work with other agencies and community organisations to promote understanding and good relations between people of different faith groups. • Follow government guidance on applying the relevant UK legislation. 12. DISABILITY 12.1. ELMS Housing and Support recognise the definition of disability as being a physical or mental health condition or learning disability which F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 8 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 has a substantial and long-term adverse effect on a persons’ ability to carry out normal day-to-day activities. 12.2. We acknowledge in line with the Social Model of Disability the fact that people with disabilities are disadvantaged both by environment and by social attitudes; however improvements in the operation of services can reduce this disadvantage. 12.3. We are committed to disability equality and aim to eliminate both unlawful discrimination on the grounds of disability and the disadvantage experienced by people with a disability, wherever reasonably possible. 12.4. To achieve this we will: • Recognise our responsibilities under the Equality Acts 2006 and 2010 and other legislation. • Strive to create a working and living environment where people with disability are free from discrimination and harassment. • Strive to provide services relevant to the needs of people with disability. • Follow the social model of disability and whenever reasonably possible modify our procedures or equipment to make full use of an individual’s ability and further to adapt where reasonably practicable our facilities to accommodate people with disability. • Train staff in awareness and confidence to support people with disability where needed. • Continue employment, wherever practical for employees who become disabled during their employment and to assist in their retraining. • Make our services and our documentation accessible and available to people with a disability. 13. AGE 13.1. ELMS is committed to implementing equality of opportunity regardless of age. We recognise our duties in line with the Employment Equality (Age) Regulations 2006 on age discrimination in the work place and the Equality Act 2010. 13.2. We recognise that age discrimination can affect people of all ages and that age is no indicator of effectiveness in work activities. Further to this we believe that employment decisions should not be based on age alone and that services should be sensitive to the needs of all age groups. 13.3. To achieve this we will: F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 9 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 • Provide recruitment, promotion and training on the basis of need and ability regardless of age. • Work to ensure workers are enabled to retire from the organisation with dignity and flexibility in timing and working arrangements. 14. MARRIAGE & CIVIL PARTNERSHIP 14.1. The Equality Act 2010 protects married people and people in a civil partnership against direct discrimination. As such, ELMS will ensure that discrimination against this group of people is addressed and dealt with. 14.2. ELMS is committed to creating an environment where single, married and people in civil partnerships are free from unfair treatment and harassment and have the same opportunities. 14.3. To achieve this we will: • Recognise our responsibilities under the Equality Acts 2006 and 2010 and other relevant legislation. • Strive to create a working and living environment where everyone is free from discrimination and harassment. • Strive to provide services relevant to the needs of all people. 15. PREGNANCY AND MATERNITY 15.1. The Equality Act 2010 protects women on the grounds of pregnancy and maternity against discrimination during the pregnancy and statutory maternity leave to which women are entitled. It means that during these periods a discrimination claim cannot be treated as gender discrimination. 15.2. ELMS will ensure that discrimination on the basis of pregnancy and maternity is promptly addressed and dealt with. 15.3. To achieve this we will: • Recognise our responsibilities under the Equality Acts 2006 and 2010 and other relevant legislation. • Carry out risk assessments and making sure that any pregnant woman is safe to carry out their job. • Strive to create a working and living environment where everyone is free from discrimination and harassment. 16. MONITORING AND IMPLEMENTATION F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 10 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 16.1. ELMS Housing and Support will strive to implement and monitor the effectiveness of our equality and diversity strategies in regards to employment and service access and delivery in the following ways: 16.2. Employment • Assist all our employees to realise their full potential by ensuring that they receive fair consideration of their training and career development needs and promotion opportunities. • ELMS accepts its responsibilities under the Rehabilitation of Offenders Act of 1974. We will not discriminate against people with an offending background by denying them access to services, employment or volunteering opportunities. Risk assessments will be conducted as appropriate to the type of service, volunteering or job role.. • Review our recruitment, selection and training and development arrangements to ensure that they are fair and reflect current practice. • Encourage service user involvement in recruitment of staff at all levels of the organisation • Aim to provide financial assistance for those employees who wish to pursue education and training relevant to their field of work • Make use of the Disciplinary procedure should discrimination occur. 16.3. In addition to this we will maintain records in and annually review the following, in light of this policy. • Grievances • Disciplinary actions • Dismissals and other reasons for leaving. 16.5. Service access and delivery • Maintain equal opportunities statistics in referrals and admissions to schemes and use this information as a means of identifying inequality. • Report our findings to and actively consult with all our stakeholders, including service users, to ensure the delivery of equality and diversity in access to our services • We will strive to ensure that our service users are free from discrimination, harassment and abuse by promoting and employing our Complaints and Suggestions and Safeguarding Adults Policies and reviewing the outcomes annually. The outcomes of these reviews are presented annually to ELMS’s Trustees via the Performance Review Committee. F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 11 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 • We will listen to our service users and involve them in the ongoing development and review of services and policies that recognise and value diversity. 17. RESPONSIBILITIES All Staff 17.1. All staff employed by ELMS Housing and Support have a responsibility to ensure this policy is put into practice and adhered to. Additional and specific responsibilities apply to those who manage staff and to those who are directly involved in recruitment, promotion, training and development. Further to this all members of staff have a contractual responsibility to: • Make sure they understand the values and benefits of equality and diversity. • Familiarise themselves with this policy, follow it, and ensure that any staff for whom they are responsible do so as well. • Draw to the attention to any instances of discrimination or any other perceived problem in relation to employment or to the provision of the services. • Make use of the Whistleblowing Policy (SM08) where no action is taken to address legitimate concerns. Contractors. 17.2. All contractors employed by ELMS Housing and Support have a responsibility to ensure this policy is put into practice and adhered to. Further to this all contractors have a responsibility to: • Make sure they understand the values and benefits of equality and diversity. • Familiarise themselves with this policy, follow it, and ensure that any staff for whom they are responsible do so as well. The manager of the project where the contractor(s) will be providing their services will give a copy of this policy to the contractor(s) prior to their arrival. • Draw to the attention of the manager any instances of discrimination or any other perceived problem in relation to the provision of the services. • Make use of the Whistleblowing Policy (SM08) where no action is taken to address their concerns. The Trustees and senior management 17.3. The Trustees have corporate responsibility for ensuring that this policy underpins all aspects of our work. The Manager has responsibility for F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 12 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: Aim Version: 1 Approved by: Council Date: 29/10/2013 developing the organisational culture in which this policy can operate effectively and for ensuring that it is implemented. 17.6. Responsibility for the operation of monitoring processes and the management of quality assurance lies with the Manager 18. DEVELOPMENT AND REVIEW 18.1. This policy is designed to encourage practical changes within ELMS’s service delivery, the workplace and to create a healthy living environment for our service users and a healthy working environment for all our staff. This policy will be updated and reviewed in the light of experience from applying it in practice and as a result of changes in legislation or our own internal organisational policies. 19. EQUALITY IMPACT ASSESSMENT 20.1. The Manager is responsible for consulting with key stakeholders including service users to conduct regular Equality Impact Assessments (EqIA) on selected new policies, procedures, functions and strategies, with reference to ELMS’s Equality Impact Assessment Framework. In order to assess that Equality & Diversity matters have been fully taken into account, it is accepted that Equality and Assessment tools other than the EqIA may be utilised for this purpose. 20.2. ELMS’s Equality Impact Assessment tool has been developed to assess the potential impact of some of our policies, procedures, strategies and functions on our service users, staff and external stakeholders. 20.3. ELMS’s Equality Impact Assessment tool see Form PO06F01 21. RECORD KEEPING 21.1. All confidential information will be kept secure in line with ELMS’s Confidentiality and Data Protection procedure. 21.2. Statistical and Monitoring data will be stored and reported in line with the organisation’s current processes. 22. • • • • PROCEDURES THAT STRONGLY IMPACT Quality Assurance Audits, QA04 omplaints & Suggestions Policy, QA07 Code of Contact SM07 Safeguarding Adults Policy, OSH3 F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 13 of 14 ELMS in Waltham Forest - General PO06 – EQUALITY AND DIVERSITY Type: • • • • • 23 Aim Version: 1 Approved by: Council Date: 29/10/2013 Whistle blowing Policy, SM08 Harassment/Bullying Policy, HS09 Recruitment & Selection Policy, SM01 Disciplinary Procedure, SM06 Equality Impact Assessment Tool, PO05F01 RELATED POLICIES The following policies of ELMS in Waltham Forest reflect and form part of our commitment to equality: HO05 - Guests and Visitors HS09W01 - Abuse HS09W01 - Racial Harassment HS09W03 - Sexual Harassment PO03 - Standards of Service PO09 - Selection Criteria QA04 - Quality Assurance Audits QA07 - Complaints QA08 - Service User Involvement SM01 - Recruitment of Staff SM06 - Disciplinary and Grievance Procedures SM07 - Code of Conduct SM08 - Whistle Blowing SM09 - Adult Protection TE01 - Enquiries, Assessments, Referrals and Moving In TE02 - Care Planning F:\POLICY\ELMS GENERAL POLICIES\DRAFT\Revised\PO06 - Equality and Diversity-DRAFT130926.docPage 14 of 14