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).
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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.
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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
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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
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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.
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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
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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.
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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
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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:
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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
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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.
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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
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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
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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
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