Equal Opportunities & Harassment Policy
2013
McDermott Group Ltd
Document No
POL 08
Issue No
McDermott Group Ltd – Equal Opps & Harassment Policy
Date
10/05/2013
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Contents
EQUAL OPPORTUNITIES .................................................................................................................. 3
EVERYONE HAS A RESPONSIBILITY ............................................................................................................ 3
ADVERTISING, RECRUITMENT & SELECTION PROCEDURES .......................................................... 4
RECRUITMENT PERSONNEL INSTRUCTIONS ................................................................................................. 5
DIRECT SEX DISCRIMINATION .................................................................................................................. 5
INDIRECT SEX DISCRIMINATION................................................................................................................ 5
RACE/ETHNIC GROUP/AGE................................................................................................................... 5
HARASSMENT AT WORK ................................................................................................................. 5
COMPLAINTS (GENERAL) ............................................................................................................... 7
INFORMAL PROCEDURES ............................................................................................................... 7
FORMAL PROCEDURES ................................................................................................................... 7
THE STANDARD FORMAL PROCEDURE .......................................................................................... 8
GENERAL .............................................................................................................................................. 8
Stage 1 .................................................................................................................................... 8
Stage 2 .................................................................................................................................... 8
Stage 3 .................................................................................................................................... 9
Stage 4 .................................................................................................................................... 9
Stage 5 .................................................................................................................................... 9
Stage 6 .................................................................................................................................. 10
THE MODIFIED FORMAL PROCEDURE..................................................................................................... 10
GENERAL ............................................................................................................................................ 10
Step One ............................................................................................................................... 10
Step Two ................................................................................................................................ 10
VICTIMISATION ............................................................................................................................. 11
MONITORING................................................................................................................................ 11
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Equal Opportunities
McDermott Group Ltd prides itself as an equal opportunities employer and is fully committed
to providing equal treatment and equal opportunities throughout employment including
recruitment, training, promotion and all other aspects of employment. McDermott Group Ltd
aims to provide a workplace which is free of discrimination on the grounds of gender, marital
status, race, colour, national or ethnic origin, nationality, disability, actual or perceived sexual
orientation, actual or perceived religion, religious and similar belief and age and where every
individual is treated with dignity and respect.
All vacancies for work will be advertised/publicised in a manner that encourages equal
opportunities and all advertisements, application forms and relevant recruitment material will
clearly state that McDermott Group Ltd is an equal opportunities employer. All applications
for employment will be considered on merit in accordance with the spirit of this policy. Where
McDermott Group Ltd is aware of the need to do so and it is practical they will make
necessary adjustments to the arrangements for selection for work so as to comply with equal
opportunities.
McDermott Group Ltd is committed to complying with the spirit of this Policy in relation to the
terms of employment offered, including benefits, opportunities for training, promotion and
after employment has ended if an issue arises that is closely connected to, or arises from, that
employment. All new recruits to McDermott Group Ltd’s workforce will be informed about this
Policy and what it means in practice.
A commitment to equal opportunities encourages all individuals to be treated on merit and
should allow individuals to develop their skills and abilities which will benefit the efficiency of
McDermott Group Ltd and help it to be successful. However McDermott Group Ltd
recognises that no policy can cover every possible situation and this policy should be viewed
as setting out guidance rather than creating contractual obligations. McDermott Group Ltd
reserves the right to alter or withdraw this Policy at any time.
Everyone has a Responsibility
McDermott Group Ltd recognises that senior management are responsible for the overall
effective operation of this Policy. However everyone who works for McDermott Group Ltd has
a responsibility to ensure that the Equal Opportunities and Harassment Policy is properly
observed and fully complied with. Every individual should comply with the spirit of this Policy
and with appropriate specific measures in place to promote equal treatment in McDermott
Group Ltd. Every individual should also ensure that they do not act in a manner that is
contrary to this Policy. No individual should behave in a manner that discriminates unlawfully
against another person or persons. Specifically it is prohibited to harass, intimidate or be
offensive to any other individual on the basis of their sex, race, colour, ethnic or national
origin, marital status, gender re-assignment, disability, sexual orientation, religion or religious
belief or similar belief or age. It is also specifically prohibited to instruct, persuade, pressurise,
assist or attempt to instruct, persuade, pressurise or assist any other person to act in breach of
the spirit or letter of this policy.
Any act of unlawful discrimination, including any act of harassment is viewed very seriously by
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McDermott Group Ltd and should be reported to your line Manager. Breaches of the Equal
Opportunities and Harassment Policy will normally be treated as disciplinary matters.
Harassment is a specific disciplinary offence in respect of which the offender may, in
appropriate circumstances, be summarily dismissed.
McDermott Group Ltd will at all times strive to:
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Provide a working environment where employees are able to give and work to their
best free from discrimination, harassment, intimidation and bullying.
Provide all its employees with the training, development and motivation they need to
fulfil their full potential.
Ensure that our employment methods are not of a discriminative nature and support
all employees who have specific and/or cultural beliefs and those employees who
need specific assistance to overcome disabilities.
Have a workforce that mirrors the community and surrounding area that we work in,
ensuring that people from different backgrounds are represented at all levels in the
company structure.
McDermott Group Ltd will on regular basis implement the issues of both equality and diversity
into its staff training. All new employees to McDermott Group Ltd will be made aware of the
Equal Opportunities & Harassment Policy during formal induction training. The training will aim
to:
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Eliminate where possible all forms of inequalities in the opportunities available to
employees to develop their skills relevant to their position and career within the
company.
Inform all employees, especially those involved in senior management about their
obligations under the terms of this policy.
Provide guidance to all employees on how to translate policy into practice.
Advertising, Recruitment & Selection Procedures
McDermott Group Ltd is committed to applying the terms outlined in this policy throughout all
stages of the selection & recruitment process. McDermott Group Ltd’s main goal is to employ
the best person possible for all positions advertised regardless of:
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Ethnic origin or Race
Gender
Age
Religious Beliefs
Sexual Orientation
Disability
Language
McDermott Group Ltd recruits on an open basis with all advertisements being placed in the
job centre, local & national papers. All application packs that are sent out clearly state that
McDermott Group Ltd is an equal opportunities employer.
McDermott Group Ltd will carry out the same selection process consistently for jobs at all
levels and all applicants will be treated and processed in the same way. Members of
McDermott Group Ltd who are responsible for selection of a candidate throughout the
application process will be clearly informed selection criteria and the need for consistency
when considering all applicants. All questions asked by a member of McDermott Group Ltd
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during an interview will relate to the requirements. McDermott Group Ltd also strives to give
equal consideration to any applicant with physical or mental disabilities. We will also provide
appropriate training along with making any necessary where is as reasonably practicable to
ensure that a disabled person is not placed at a disadvantage compared with employees
who are not disabled.
Recruitment Personnel Instructions
During the recruitment process members of McDermott Group Ltd Staff who have been given
responsibility for interview and selection of candidates must understand how to successfully
implement the Equal Opportunities Policy into the decisions that they make. They must NOT
discriminate by way of the following:
Direct Sex Discrimination
This would be defined as an act where an individual of one sex is treated less favourably, on
the grounds of sex, than a person of the other sex would be treated in the same
circumstances.
Indirect Sex Discrimination
This would be defined as an act where an unjustifiable condition or requirement is applied
equally to both sexes but has a unfair effect on one sex. This could be identified as one sex
being more able to comply with the condition than the other and the only way the condition
could be justified is on the grounds of indirect sexual discrimination.
Race/Ethnic Group/Age
Any member of staff will not discriminate against a candidate on the grounds of their race,
ethnic background or Age. They will be selected on merit and suitability for the position.
McDermott Group Ltd does not discriminate against part-time members of staff or candidates
for part-time work. We will ensure that the conditions of work apply equally to both full and
part time members of staff as appropriate.
Harassment at Work
McDermott Group Ltd is committed to providing a working environment that is free from
hostility and harassment. Everyone who works for our organisation must comply with this
Policy. Everyone must recognise that each person has the right to work free from harassment
in an environment that respects that right to dignity at work. Only through the compliance
with this Policy by each of us as individuals can harassment be prevented.
McDermott Group Ltd will promote a culture where workers who feel they are being harassed
can bring forward complaints in the expectation that any such complaint will be dealt with
appropriately and without fear of ridicule or reprisal.
McDermott Group Ltd will not tolerate any form of harassment on the grounds of:
race, ethnic or national origin, nationality or colour;
 sex;
 pregnancy;
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gender re-assignment;
marital status;
disabilities, sensory impairment or learning difficulties;
religion, religious or similar beliefs;
sexual orientation;
age
This list is not exhaustive and other reasons for harassment are not excluded from this Policy.
Many forms of harassment are unlawful and certain forms of harassment can constitute
criminal offences. Harassment which occurs after the working relationship has ended can
also be unlawful if the harassment has a sufficient connection with the working relationship.
Both McDermott Group Ltd, as employers, and the perpetrator may be held liable.
Harassment can involve persistent conduct or behaviour that continues after an individual
states they want it to stop. A single incident can also constitute harassment if it is sufficiently
serious. Harassment can be deliberate or sub-conscious, overt or concealed. If it occurs offduty it will be covered by this Policy, if the circumstances in which it occurs have a sufficient
connection with work, e.g. office parties.
Individuals can be harassed by colleagues as well as supervisors or managers. Customers and
contractors can also be perpetrators or recipients of harassment.
Harassment can take many forms from relatively mild banter to actual physical violence. In
general terms it can be defined as unwanted behaviour that a person finds intimidating,
embarrassing, humiliating, distressing or offensive or that creates a hostile, offensive or
degrading environment for that person.
Examples of harassment include:
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inappropriate physical contact;
jokes, offensive language, gossip, slander, sectarian songs and letters;
demeaning posters, graffiti, obscene gestures, flags and emblems;
isolation or non co-operation at work and exclusion from social activities;
coercion for sexual favours and pressure to participate in political or religious groups;
intrusion by pestering, spying or stalking;
bullying
Sexual harassment includes unwanted attention or physical contact based on sex, including
pressure for sexual activity either at or outside work and suggestions that attention of a sexual
nature may assist career opportunities (or refusal may hinder them). It also includes
derogatory or demeaning remarks based on sex or the display of sexually explicit material.
Racial harassment includes jokes based on race and deliberate exclusion from normal
activities e.g. conversations or work projects or related social activities because of race,
colour, national or ethnic origin or nationality.
Harassment on the grounds of disability includes abusive or offensive or insensitive language
or conduct (e.g. staring or offensive gestures or physical mistreatment e.g. jostling) because a
person has a disability.
Harassment on the grounds of religion or religious or similar belief can relate to the actual or
perceived religion or belief of an individual or someone that he associates with. It includes
jokes, pranks, inappropriate or insensitive remarks or exclusion from activities based on real or
perceived religion or belief.
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Harassment on the grounds of sexual orientation can relate to the actual or perceived sexual
orientation of an individual or someone that person associates with and sexual orientation
means sexual orientation towards persons of the same sex, opposite sex or towards both
sexes. It includes using inappropriate or offensive names, jokes, isolating someone and
threatening or offensive conduct.
Harassment on the grounds of age can relate to the actual or perceived age of an individual
or someone he associates with. It includes ageist jokes, telling older employees they are
“incompetent” or “out of touch” or “putting down” young employees for their lack of
experience.
These lists are not exhaustive. It is recognised that it is not the intention of the perpetrator that
is the key in deciding whether harassment has occurred but whether the behaviour is
unacceptable to the recipient is a very important factor.
Complaints (General)
Every complaint of unlawful discrimination or harassment will be dealt with as sympathetically
and confidentially as possible. McDermott Group Ltd recognises that individuals may wish to
keep their involvement in such matters confidential and wherever that is practical to an
appropriate investigation and resolution of all issues connected with such complaints
McDermott Group Ltd will respect those wishes. Every complaint will be investigated
appropriately and be dealt with without bias. No individual will be subjected to detrimental
treatment because they made a complaint of unlawful discrimination or harassment
provided the complaint was made in good faith.
Any employee who believes they have been discriminated against or harassed contrary to
this Policy should raise the matter with their immediate line manager, a member of HR, make
a grievance under McDermott Group Ltd Grievance Policy and Procedure or use the
procedure set out in this Policy below. All other individuals should raise the matter with their
immediate line manager, a member of HR or invoke the procedure set out in this policy
below.
Informal Procedures
Informal procedures will not always be appropriate but in relation to minor discrimination or
harassment, individuals are encouraged to resolve the situation informally, by talking directly,
politely and unambiguously to the person concerned. However if this is not possible, or is
inappropriate, or does not have the desired effect, a formal complaint, in terms of the formal
procedures in this Policy, should be made.
Formal Procedures
Where informal methods fail or where the complaint is about serious unlawful discrimination or
harassment, a formal complaint should be made without delay. All formal complaints of
unlawful discrimination or harassment will be investigated and dealt with appropriately.
Formal complaints may be made either in terms of this Policy or in terms of our Grievance
Policy and Procedure. The normal procedure in terms of this Policy is likely to be the standard
formal procedure. In certain circumstances if a complaint is made shortly before termination
of the complainant’s employment or after the termination of that employment McDermott
Group Ltd may agree that the modified formal procedure is appropriate. The modified
formal procedure is set out at 6.3 of this Policy.
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The HR Department will provide clarification, on request, in relation to which procedure is
appropriate.
There may also be some situations where, because of the individual circumstances that
apply, it would not be appropriate to commence or complete either of the formal
procedures in this Policy, for example, where:
 at least one other colleague has the same complaint of unlawful discrimination or
harassment and it has been taken up by a trade union or employee representative; or
 a party who would be involved in the procedures in this Policy reasonably believes that
following them would result in a significant threat to a person or to property or his further
harassment; or
 it is not practicable for a party to follow a required procedure within a reasonable period;
or
 in certain circumstances where employment has ended; or
 it would be contrary to National Interests.
Any person who has a complaint of unlawful discrimination or harassment and believes that it
is not appropriate to commence or complete the procedure in this Policy that otherwise
would seem to apply, should explain this to a member of the Senior Management Team.
The Standard Formal Procedure
General
Each step under this procedure should be taken without any unreasonable delay.
The
complainant must take all reasonable steps to attend meetings. Meetings with the
complainant will be conducted in such a manner as to allow both the complainant and
McDermott Group Ltd to state their positions. The complainant may if they wish be supported
throughout the formal procedure by being accompanied at meetings by a colleague of their
choice or a trade union representative certified in writing by their trade union as having the
necessary experience to act as a companion in these circumstances. The companion may
at meetings he attends with the complainant, explain the complaint, respond to any views
and to sum up but he will not be permitted to answer questions on behalf of the complainant.
If a party who would be in attendance at a meeting becomes unable to attend it he or she
should contact McDermott Group Ltd immediately so that McDermott Group Ltd may, if
appropriate, make alternative arrangements for the meeting. If the original meeting is
postponed, another date for the meeting will be given which date will normally be within 5
working days of the original date proposed.
Stage 1
Complainants will be asked to set out in writing details of the alleged unlawful discrimination
or harassment, when it is alleged to have occurred, names of any relevant witnesses and
details of any action already taken by the complainant about the alleged unlawful
discrimination or harassment. The written details should then be sent to a member of the
Senior Management Team.
Stage 2
After the written details of the complaint are received the complainant and the companion
(if any) will be invited to attend a meeting to discuss the circumstances surrounding the
complaint in more detail. It is likely that McDermott Group Ltd will require to discuss the
circumstances of the complaint with others and to investigate the circumstances so that it
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can deal appropriately with the complaint. If this is the case McDermott Group Ltd will
adjourn the meeting to allow that process to be completed.
Stage 3
The alleged discriminator or harasser will be informed of the complaint. Depending on the
seriousness of the allegation, the alleged discriminator or harasser may be suspended on full
pay while the matter is being investigated.
If relevant, as part of the investigative process, witnesses will be interviewed and written
statements will be obtained. As far as is reasonable, confidentiality will be maintained
throughout the investigative process. However it may be necessary to disclose certain
information so that complaints of unlawful discrimination or harassment can be fully
investigated. McDermott Group Ltd cannot be bound by confidentiality or a request to take
no action where it is advised of potential harassment by another party. As far as is possible
those involved in the investigation will however be required to maintain the confidentiality of
that process and if that confidentiality is not maintained, appropriate disciplinary action will
be taken, which will, in serious cases, include dismissal for gross misconduct.
McDermott Group Ltd will endeavour to ensure that each investigation into sexual
harassment is conducted by an individual of the same sex as the complainant.
Stage 4
Once the investigation has been completed the information obtained will be reviewed. The
meeting with the complainant will be reconvened. After the meeting the complainant will be
informed in writing of McDermott Group Ltd’s decision in relation to his or her complaint and
informed of the right to appeal that decision.
If McDermott Group Ltd’s decision is that disciplinary action may be appropriate this issue will
be progressed in terms of McDermott Group Ltd’s Dismissal and Disciplinary Policy and
Procedure and the complainant will be informed of this.
If the conclusion of the disciplinary process is a finding that disciplinary penalties are
appropriate the severity of the penalty will be in line with McDermott Group Ltd’s Dismissal
and Disciplinary Policy and Procedure. Serious harassment or serious unlawful discrimination
or serious unlawful victimisation will normally result in dismissal for gross misconduct (summary
dismissal). If a lesser penalty is imposed steps will be taken, following discussion at a meeting
with the complainant to ensure that he is comfortable continuing working with McDermott
Group Ltd. If it is appropriate, steps will be taken, after discussion, to transfer the discriminator
or harasser so as to prevent or at least reduce further contact between him and the
complainant. If the complainant wishes it he may, if appropriate, be transferred to prevent or
at least reduce further contact between the discriminator or harasser and him.
Where a complaint of unlawful discrimination or harassment is upheld and the discriminator or
harasser has been retained in employment McDermott Group Ltd will monitor the position to
ensure that the unlawful discrimination or harassment has stopped.
Stage 5
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An appeal from stage 4 above should be made as soon as possible after the date of the
stage 4 letter. The appeal should be made in writing, to a member of the Senior
Management Team.
The employee is requested to set out the reason(s) for the appeal in the appeal letter.
McDermott Group Ltd will then invite the appellant to an appeal meeting when the
circumstances of the appeal will be discussed in more detail.
Stage 6
After the appeal meeting McDermott Group Ltd will write to the appellant with its final
decision. There is no further appeal from this decision.
The Modified Formal Procedure
General
Each step under this procedure should be taken without any unreasonable delay.
Step One
The complainant should write to a member of the Senior Management Team.
Setting out the details of the complaint of harassment and the basis for it. If there are any
witnesses to the alleged unlawful discrimination or harassment complained of details of these
should be included. If there are any documents or letters that are relevant to the complaint
include copies of them. If any informal action has been taken in relation to the alleged
unlawful discrimination or harassment include details of that.
Step Two
McDermott Group Ltd will consider the complaint of unlawful discrimination or harassment.
The alleged discriminator or harasser will be informed of the complaint. Depending on the
seriousness of the allegation, the alleged discriminator or harasser may be suspended on full
pay while the matter is being investigated.
If relevant, as part of the investigative process, witnesses will be interviewed and written
statements will be obtained. As far as possible confidentiality will be maintained throughout
the investigative process. All those involved in the investigation will be required to maintain
the confidentiality of the process. Failure to do so will be a disciplinary offence, which will
normally involve disciplinary action being taken, which will, in serious cases, include dismissal
for gross misconduct.
The McDermott Group Ltd will endeavour to ensure that each investigation into sexual
harassment is conducted by an individual of the same sex as the complainant.
Once the investigation, if any, is completed McDermott Group Ltd will write to the
complainant setting out its response to the complaint of harassment. If McDermott Group
Ltd’s decision is that disciplinary action may be appropriate this issue will be progressed in
terms of our Dismissal and Disciplinary Policy and Procedure and the complainant will be
informed of this. The complainant has no right to appeal our response.
If the conclusion of the disciplinary process is a finding that disciplinary penalties are
appropriate the severity of the penalty will be in line with McDermott Group Ltd’s Dismissal
and Disciplinary Policy and Procedure. Serious harassment or serious unlawful discrimination
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or serious unlawful victimisation will normally result in dismissal for gross misconduct (summary
dismissal). If a lesser penalty is imposed steps will be taken, following discussion at a meeting
with the complainant to ensure that he is comfortable continuing working with McDermott
Group Ltd. If it is appropriate steps will be taken, after discussion, to transfer the harasser so as
to prevent or at least reduce further contact between him and the complainant. If the
complainant wishes it he may, if appropriate, be transferred to prevent or at least reduce
further contact between the harasser and him.
Where a complaint is upheld and the discriminator or harasser has been retained in
employment McDermott Group Ltd will monitor the position to ensure that the unlawful
discrimination or harassment has stopped.
Victimisation
It is a disciplinary offence (for which an employee may be dismissed summarily) to victimise, or
retaliate against, an individual who has, in good faith, made, supported, or assisted in the
making of, a complaint of unlawful discrimination or harassment. There will be no victimisation
of any person for making or supporting or assisting a complaint of unlawful discrimination or
harassment even if the complaint is not upheld provided the action was taken in good faith.
Monitoring
McDermott Group Ltd will regularly monitor the operation of the equal opportunities and
harassment policy to ensure its effectiveness. All applicants for work will be asked to indicate
their gender, race, colour, ethnic and national origin, marital status, sexual orientation, religion
and religious and similar belief and age. This information will be maintained confidentially
and will only be used to monitor the effectiveness of the equal opportunities and harassment
policy.
All information obtained and records that relate to the operation of the equal opportunities
and harassment policy will be maintained in accordance with the requirements of the Data
Protection Act 1998, as may be amended from time to time.
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