RUDDINGTON PARISH COUNCIL
EQUAL OPPORTUNITIES POLICY FOR EMPLOYEES
1.
Adopted 5 November 2013
Purpose
To ensure that employees are treated equally throughout their employment and including during
the recruitment, selection and promotion process.
The Equality and Human Rights Commission issues various publications for reference, including
codes of practice.
2.
The Policy / Scope
Sex Discrimination
Under the Equality Act 2010, it is unlawful for employers to discriminate because of sex.
There are four types of discrimination –
(i)
(ii)
(iii)
(iv)
direct discrimination: treating someone less favourably because of their actual or
perceived sex, or because of the sex of someone with whom they associate
indirect discrimination: can occur where you have a policy, practice of procedures
that applies to all workers, but particularly disadvantages workers of a particular sex.
Indirect discrimination can only be justified if it is a proportionate means of
achieving a legitimate aim
harassment: when unwanted conduct in relation to sex has the purpose or effect of
violating a person’s dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment
victimisation: unfair treatment of an employee who has made or supported a
complaint about sex discrimination
Race Discrimination
Under the Equality Act, direct discrimination, indirect discrimination, harassment and victimisation
because of colour / race / nationality / citizenship / ethnic or national origin are unlawful.
Discrimination against people with Disabilities
Disability is defined under the Equality Act as a physical or mental impairment which has a
substantial and long term adverse effect on a person’s ability to carry out normal day-to-day
activities. Under the Act, disabled people are protected from direct discrimination, victimisation and
harassment. Employers must also make a reasonable adjustment to working conditions or the
workplace where that would help to accommodate a particular disabled person.
Age Discrimination
The Equality Act gives employees protection against direct and indirect discrimination, victimisation
and harassment because of age. Employers who discriminate on this basis are likely to exclude a
group of people whose talents and skills may be necessary to the future success of their
organisations.
Review Date
1
RUDDINGTON PARISH COUNCIL
EQUAL OPPORTUNITIES POLICY FOR EMPLOYEES
Adopted 5 November 2013
Religion or Belief Discrimination
It is unlawful to discriminate against, harass or victimise employees because of:
- religious belief, provided the religion has a clear structure or belief system. Denominations
or sects within a religion can be considered a protected religion or religious belief
- philosophical belief. To be protected, a belief must satisfy various criteria, including that it
relates to a weighty and substantial aspect of human life and behaviour.
It is unlawful to discriminate against a person for not holding a particular (or any) religious or
philosophical belief as it is to discriminate against someone for holding a religious belief or
philosophical belief. Discrimination can occur even where both the discriminator and the person
being discriminated against hold the same religious or philosophical belief.
Gender Reassignment Discrimination
The Equality Act protects transsexual people from direct discrimination, indirect discrimination,
victimisation and harassment.
A transsexual person is someone who proposes to, starts or has completed a process to change his
or her gender. It is not necessary for a person 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.
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.
Sexual Orientation Discrimination
Heterosexual, gay, lesbian and bisexual people are protected from direct discrimination, indirect
discrimination, harassment and victimisation under the Equality Act.
Marriage and Civil Partnership Discrimination
The Act protects employees who are married or in a civil partnership against direct discrimination,
indirect discrimination and victimisation. Single people are not protected.
Maternity rights
Pregnant women have the right:
-
not to be unreasonably refused time off for antenatal care and to be paid for such
absences
to receive all their contractual benefits except wages during the period of statutory
maternity leave
to be provided with a written statement of the reasons for dismissal without the need to
request it, if dismissed by the employer during pregnancy or statutory maternity leave
to be offered alternative suitable work if they would otherwise have to be suspended on
certain health and safety grounds
to receive their normal remuneration during suspension for health and safety reasons if
alternative suitable work is not available.
Women are entitled to 52 weeks maternity leave – made up of 26 weeks ordinary
maternity leave and 26 weeks’ additional maternity leave – regardless of how long they
have worked for their employer.
Review Date
2
RUDDINGTON PARISH COUNCIL
EQUAL OPPORTUNITIES POLICY FOR EMPLOYEES
-
Adopted 5 November 2013
Statutory Maternity Pay for up to 39 weeks, if they have 26 weeks continuous service
and earn above the lower limit for payment of National Insurance contributions.
In addition pregnant women may qualify for Statutory Maternity Pay for up to 39 weeks, if they have
26 weeks continuous service and earn above the lower limit for payment of National Insurance
contributions.
3.
Responsibility
Ruddington Parish Council has a responsibility to take such steps as is reasonably practicable to
prevent unlawful discrimination. This responsibility extends to recruitment, selection, training,
promotion and dismissal policies and practices.
The Clerk to the Council has overall responsibility for ensuring that the policy is put in to practice at
all levels of employment. However, complaints in respect of discrimination can be directed to the
chairman of the Parish Council or any committee chairman.
4.
Procedures
It would be impractical for the Parish Council to monitor and/or analyse the numbers and relative
proportions of employees by any group. There are only two full-time members of staff, three parttime members of staff (more than 15hrs) and four part-time members of staff (under 15 hours).
Vacancies generally occur once or twice a year at most and the scope for promotion is limited due to
the different job specifications.
The Parish Council strongly encourages members of staff to approach their line manager, Clerk to
the Council or the chairman of the Parish Council or appropriate committee if they suspect that
discrimination in any of the above mentioned forms has taken place or might take place.
All approaches must be treated with discretion and confidentiality, and a full investigation be
instigated without delay. All members of staff are asked to be sensitive to suggestions by other
members of staff that they might be being discriminated against.
5.
Investigation
In the event that an employee considers any form of discrimination is being, or might be, directed at
themselves or at another member of staff, the Clerk to the Council (or other appropriate officer) will
commence investigations by considering whether that person has been dealt with differently to any
other member of staff or application.
If this is at the recruitment stage, analysis will take place of all candidates to see if a candidate has
been unfairly overlooked. If during the course of employment, analysis will take place to see if an
employee has been spoken to, promoted or managed differently to any other member of staff.
It is important that this process is followed strictly and that all findings are recorded.
Review Date
3
RUDDINGTON PARISH COUNCIL
EQUAL OPPORTUNITIES POLICY FOR EMPLOYEES
6.
Adopted 5 November 2013
Actions Taken
The fact that an investigation has taken place is enough to suggest that there might be an issue with
discrimination. Whether this is proven or not, members of staff should receive counselling in
appropriate behaviour to avoid a potential recurrence.
If the discrimination is proven:
(i)
(ii)
(iii)
(iv)
7.
If another member of staff is found to have discriminated against a fellow member
of staff, then the Disciplinary Panel will be convened to investigate and consider
whether further action is appropriate through a Disciplinary Hearing.
If the Parish Council is found to have discriminated against a member of staff, then
the appropriate manager will be asked to attend a Disciplinary Hearing.
If a councillor is found to have discriminated against a member of staff, then the
Clerk to the Council will be required to report the member to the appropriate Parish
Council committee for further discussion.
If the discrimination is serious or if the employee wishes to take it further, the Clerk
to the Council will be required to report the member to the appropriate standards
committee.
Positive Action
Employers may not discriminate in the actual selection for a post because of age, disability, gender
reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex
and sexual orientation, but the legislation does allow measures to be taken to encourage members
of underrepresented groups to take advantage of opportunities. However, positive action which is
lawful should not be confused with positive discrimination which is unlawful.
Review Date
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