EQUALITY & DIVERSITY POLICY Age UK Sutton is committed to the principle and practice of equal opportunities. The aim of our policy is to ensure that no one receives less favourable treatment on the grounds of sex, marriage and civil partnership, ethnic origin, disability, age or perceived age, class, colour, creed, HIV/AIDS status, personal circumstances, nationality, religion or belief, sexual orientation, gender reassignment, caring responsibilities, pregnancy and maternity or any other grounds which are unjustifiable, in terms of equal opportunities for all. Age UK Sutton deplores all forms of harassment and seeks to ensure that the working environment is comfortable for all its employees. Less favourable treatment can be demonstrated by harassment and employees must ensure that their behaviour is acceptable during the course of employment (and at work related events, including social events). Age UK Sutton forbids all forms of harassment including that committed by third parties. Age UK Sutton therefore declares that it will introduce measures to combat all direct or indirect forms of discrimination in its customer, employment, recruitment & selection and business practices. Any employee who feels that there are breaches of this policy or who encounters discrimination while working on Age UK Sutton business away from the office should report them to the Director or Line Manager. Mediation and monitoring to ensure that this does not occur again will take place. Less favourable treatment can be demonstrated by harassment and the following harassment policy forms part of our Equality & Diversity Policy. Harassment Policy Statement Age UK Sutton forbids all forms of harassment in the course of employment (and at workrelated events, including social events), including that committed by third parties, and seeks to ensure that the working environment is comfortable for all its employees. The following procedure informs employees of the types of behaviour that are unacceptable and provides employees who are the victims of harassment with a means of redress. Harassment on the grounds of sex, transgender status, pregnancy, sexual orientation, race, colour, nationality, ethnic or national origins, religion or belief, marital status, civil partnership status, disability, age or perceived age or on any other grounds is unacceptable. Implementation of the policy is the duty of all managers and supervisors. All employees are expected to comply. Procedure Examples of Harassment 1. Sexual harassment may take many forms, from relatively mild sexual banter to actual physical violence. Employees may not always realise that their behaviour constitutes sexual harassment but they must recognise that what is acceptable to one person may not be acceptable to another. Sexual harassment is unwanted conduct that is related to someone’s sex or that of another person and which has the purpose or effect of violating the person’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. Examples of sexual harassment include: a. insensitive jokes and pranks that contain a sexual element b. remarks or banter that have a sexual content Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 1 c. d. e. f. g. h. i. j. lewd comments about appearance unnecessary body contact displays of sexually offensive material, e.g. pin-ups, e-mails with offensive attachments requests for sexual favours speculation about a person’s private life and sexual activities threatened or actual sexual violence threat of dismissal, loss of promotion, etc for refusal of sexual favours emails of a sexual nature. 2. Racial harassment can also take many forms, from relatively minor abuse to actual physical violence. Examples of harassment include: a. insensitive jokes related to race, colour or nationality b. remarks or banter that have a racial content or are racist in nature c. pranks perpetrated on racial grounds d. deliberate exclusion from conversations on racial grounds e. abusive, threatening or insulting words and behaviour on racial grounds f. displaying racially abusive writing or pictures g. emails of a racist nature. 3. Harassment relating to disability could take many forms, including: a. insensitive jokes relating to disability or disabled people b. remarks or banter about disabled people c. abusive or insulting remarks or gestures on the grounds of a person’s disability d. emails with unnecessary references to a person’s disability. 4. Harassment on grounds of gender can take many forms. Examples of sex-based harassment include: a. demeaning jokes, remarks or banter about women (or men) in the workplace b. pranks played on women (or men), particularly where women (or men) form a minority in the workforce c. deliberate exclusion of women (or men) from conversations d. abusive, threatening or insulting words or behaviours aimed at women (or men). 5. Harassment on the grounds that a person is intending to undergo, is undergoing or has undergone gender reassignment can take many forms including: a. insensitive jokes about a person’s transgender status b. remarks or banter about a person’s transgender status c. pranks perpetrated on people who are intending to undergo, are undergoing or have undergone gender reassignment d. deliberate exclusion of gender reassigned people from conversations e. abusive, threatening or insulting words or behaviours aimed at people who are intending to undergo, are undergoing or have undergone gender reassignment. 6. Harassment relating to sexual orientation could take many forms, including: a. insensitive jokes relating to sexual orientation b. remarks or banter about gay or lesbian people c. displays of sexually offensive material relating to sexual orientation, e.g. emails with offensive attachments d. pranks perpetrated on grounds of a person being gay, lesbian, bisexual or heterosexual e. speculation about a person’s private life and sexual activities f. emails making unnecessary reference to sexual orientation. Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 2 7. Harassment relating to religion or belief could take many forms, including: a. insensitive jokes or pranks linked to religion or belief or to absence of religion or belief b. remarks or banter about religious beliefs or practices c. abusive, threatening or insulting words or behaviour on the grounds of religion or belief or absence of religion or belief d. displaying writing or pictures that are abusive towards a particular religion e. emails making unnecessary reference to a person’s religion or belief f. foisting religious beliefs on others. 8. Harassment relating to age could take many forms, including: a. insensitive jokes that make fun of younger or older people b. remarks or banter about older or younger people c. pranks perpetrated on age grounds d. deliberate exclusion on grounds of age e. a refusal to co-operate with someone on grounds of a perception that he or she is “too young” or “too old” to bother about f. treating someone’s ideas as inferior or worthless on account of youth or age g. making demeaning remarks (whether in fun or not) alleging that someone’s physical or mental abilities have declined on account of his or her age h. emails making unnecessary reference to age i. offensive age-related birthday cards. 9. The examples above are not exhaustive. Some of the types of behaviour listed above may, after investigation, amount to gross misconduct, punishable by summary dismissal, depending on the circumstances of the case in question. The Environment 1. Age UK Sutton prohibits the display of any offensive material, eg pin-ups and posters, and will if necessary ensure that workplaces are inspected and offending material removed. Compliance 1. 2. 3. All new employees will be informed of Age UK Sutton policy towards harassment at induction training, when it will be stressed that all complaints of harassment will be treated very seriously. Age UK Sutton expects all managers and supervisors to ensure that this policy and procedure are adhered to at all times. Age UK Sutton recognises the sensitive nature of complaints of harassment. Employees may wish to be accompanied at investigatory meetings and this will be facilitated where possible. Informal Remedy 1. Employees who are victims of minor harassment are advised to make it clear to their harasser that the behaviour is unacceptable and must stop. If an employee is unable to do this verbally then a written request (explaining the distress caused) handed to the harasser may be effective. Formal Procedure 1. Where informal methods fail, or serious harassment occurs, employees are advised to bring a formal complaint. The complaint should be made in writing, and where possible, state: a. the name of the harasser Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 3 b. c. d. e. the nature of the harassment dates and times when harassment occurred names of witnesses to any incidents of harassment any action already taken by the complainant to stop the harassment. The complaint should be sent, in confidence, to the Director or Line Manager. 2. 3. 4. 5. 6. 7. 8. 9. 10. Immediately following the receipt of a complaint of harassment, action will be taken where possible to separate the alleged harasser from the complainant; in serious cases, this may involve temporary transfer of the alleged harasser to another department, or suspension with pay until the complaint has been resolved. The line manager handling the complaint will carry out a thorough investigation as quickly as possible, maintaining confidentiality at all times. All employees involved in the investigation are expected to respect the need for confidentiality. Failure to do so will be considered a disciplinary offence. Copies of statements made by witnesses will be made available to the alleged harasser and the complainant. Witnesses will be encouraged to appear at the complaint hearing if requested by either party. It is acknowledged that some witnesses may be reluctant to do so. In these circumstances the manager will, if necessary, adjourn the hearing to ask supplementary questions of witnesses in private. In cases of harassment the complainant may, if he or she wishes, be supported throughout the procedure and hearing by a work colleague of his or her choice or by a trade union representative. The employee accused of harassment will be afforded a full and fair opportunity to defend or explain his or her actions at a hearing, in accordance with Age UK Sutton disciplinary procedure. The right to be accompanied by a work or a trade union representative will also apply. The severity of the penalty imposed upon an employee found guilty of harassment will be consistent with those detailed in the disciplinary procedure (eg serious harassment will normally result in summary dismissal). Where a lesser penalty is appropriate (e.g. a written warning) this may be coupled with action to ensure that the victim is able to continue working without embarrassment or anxiety. After discussion with the victim, the line manager may order the transfer of the harasser to a different work area, or arrange for the amendment of working practices to minimise contact between the two employees. If the victim so wishes his or her own transfer will be arranged, subject to practical limitations. The result of the investigation and hearing will be confirmed in writing to both employees. If the complainant is not satisfied about the way his or her complaint has been handled, he or she may use the grievance procedure. An employee who receives a warning or is dismissed for harassment may appeal against the penalty in accordance with Age UK Sutton disciplinary appeals procedure. An employee who brings a complaint of harassment will not suffer victimisation for having brought the complaint. However, if the complaint is untrue and has been brought maliciously (e.g. out of spite), disciplinary action will be taken against the complainant. Harassment by third parties Age UK Sutton will not tolerate sexual harassment of its workforce by third parties (eg customers, suppliers or members of the public). All contractors, suppliers and other third parties have been informed of Age UK Sutton policy and action will be taken against those who subject any of the workforce to any form of harassment. Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 4 Consequences 1. 2. Harassment at work on the grounds of sex or of a sexual nature, race, sexual orientation, disability, religion or belief, or age is unlawful, and both Age UK Sutton and the harasser may be held liable for such unlawful actions, and be required to pay compensation to the person who has suffered the harassment. Any form of harassment can reduce the effectiveness of Age UK Sutton by creating a threatening environment, and increasing sickness absence and labour turnover. All employees have the right to work in an environment free from all forms of harassment. Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 5 CODE OF PRACTICE Provision of Services Age UK Sutton aims to deliver services throughout the London Borough of Sutton to Older People who need them, without discriminating against, stigmatising or patronising older people. Every service user will be treated in a professional manner, with courtesy and respect. Users of our services and those who take part in our activities will be informed that Age UK Sutton is committed to an Equality and Diversity Policy so that: They will know a policy exists and a copy is available so as to guide all customers of the organisation and others to share the commitment and code of practice of Equality and Diversity. All who come into contact with Age UK Sutton will know the standards that we are trying to achieve and have the opportunity to assist us in trying to achieve them. They will know they have the right to complain; if they feel these standards are not being adhered to or are dissatisfied with the service provided to them. Age UK Sutton will make sure that our services meet the needs of our diverse communities by involving communities in identifying their needs and by seeking to meet these needs. Age UK Sutton will develop services to make sure there is maximum take up by all communities and particularly those groups facing disadvantage and discrimination. We will do this by: Providing information in plain English and use methods other than written documents to present information as appropriate, Offering information in accessible formats, including spoken community languages, large print, audio tape/CD, on DVD in British Sign Language and on the internet, Access interpretation, translation and sign language services as appropriate. Recruitment and Selection Age UK Sutton recognises that the community consists of a diverse population of people. This diversity consists of visible and non-visible differences. We believe that harnessing the differences will create a productive environment in which everyone feels valued, where their talents are being fully utilised and in which organisational goals are met. Age UK Sutton will ensure that recruitment practices fulfil the requirement of the equality and diversity policy. All posts will have a job description and person specification, which will contain essential and desirable skills, qualifications and experience. Person specifications will only contain details, which are required. All applicants for posts will be treated strictly on merit. Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 6 As an exception posts targeted at specific groups of people will be exempted, as allowed by legislation. Every effort will be made to make provision for staff and volunteers with a disability through reasonable adaptations. All staff and Board of Trustees involved in recruitment and selection will be briefed on the requirements of an equal opportunities interview. The format for interview will be agreed before it takes place and will remain constant for all interviews for the position. All enquiries for posts will receive a copy of this policy and statement with the information provided; they will be questioned on their understanding of the issues and the practical implications of having a policy. All application forms will include a section for equality and diversity monitoring, the information will be individually confidential but used for assessing recruitment and advertising practices after each post is advertised by individual managers or the Human Resources department. All posts will be widely and publicly advertised. After each post is advertised, the Human Resources Department will prepare a monitoring report for the Chief Executive Officer (CEO) and Board of Trustees. The CEO, or appointed person, will be responsible for vetting, in confidence, applicants for sensitive posts; this may include criminal records bureau checks. Reasons for decision to appoint or not will be noted and kept for at least six months. All recruitment adverts will carry the statement “Age UK Sutton is working to be an Equal Opportunities employer and welcomes Diversity in our workforce”. Posts which are deemed suitable will be advertised as available for job share. Job shares may also be available to staff in suitable posts on request, and providing that a suitable job sharer may be recruited. Training and Development The Board of Trustees, staff and volunteers need to recognise and fulfil their personal role in making Age UK Sutton a genuinely inviting and inclusive organisation. Age UK Sutton will ensure that all staff and volunteers know about the Equality and Diversity policy and their responsibilities within it, by providing continuing communications and training to achieve this. A programme of training will be developed to increase understanding of and commitment to diversity. Condition of Service All members of the Board of Trustees, staff and volunteers will be required to adhere to the Equality and Diversity Policy. Consideration will be given to revising staff Terms and Conditions of Employment in order to bring them into line with the policy. Harassment of any kind (specifically in the areas covered by the policy) will be considered a Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 7 disciplinary offence. Harassment may involve derogatory and discriminatory remarks, ridicule, unwanted physical contact, demands for favours, or physical assault; staff members, volunteers or anyone connected with the organisation could be liable for dismissal for gross misconduct and any trustee or volunteer found to have breached this policy will be asked to resign. Harassment of any kind is breach of this policy; it could be construed as gross misconduct and would be liable to dismissal if the case is proven. See also separate policy on dealing with Harassment within Age UK Sutton. Recording and Monitoring of Service Provision In addition to Section B. – Recording and Monitoring Recruitment and Selection process Age UK Sutton will monitor and review the take up of the service where appropriate records are kept of actions and decisions by trustees, staff and volunteers. Monitoring will be carried out on the basis of ethnic background, gender, age, place of residence, sexual orientation and disability. Monitoring will be on a voluntary basis, using categorisations. An annual report on monitoring will be provided. Responsibilities The Board of Trustees has the ultimate responsibility to provide, implement and review the policy. It is the responsibility of trustees, staff and volunteers to promote the policy by ensuring that Age UK Sutton’ activities promote equality and diversity. Age UK Sutton will take steps to ensure material is not displayed which offends against the principals of this policy. Responsibilities of the Chief Executive Officer The CEO or appointed representative, holds the day to day responsibility for ensuring that the policy is implemented and, in the first instance, for dealing with or taking action on disciplinary offences. The CEO will be responsible for preparing an annual report to the Board of Trustees on the progress of the policy. Information obtained through monitoring will be reported as outlined in “recording and monitoring of service provision”. Age UK Sutton Equality and Diversity policy Codes of Practice review completed Version 1 Dec 2010; Version 2 October 2011 8