September 2011 Equality and Diversity Policy Useful definitions Direct Discrimination – occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have, or because the associate with someone who has a protected characteristic. Associative Discrimination – already applies to race, religion, or belief and sexual orientation but now extended to cover age, disability, gender reassignment and sex. This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. Perceptive Discrimination – already applies to age, race, religion or belief and sexual orientation. Now extended to cover disability, gender reassignment and sex. This is direct discrimination against an individual because others think they possess a particular protected characteristic. Indirect Discrimination – already applies to age, race, religion or belief, sexual orientation and marriage and civil partnership. Now extended to cover disability and gender reassignment. Indirect discrimination can occur when you have a condition, rule or policy or even a practice in the Company that applies to everyone but particularly disadvantages people who share a protected characteristic. Harassment – is unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating hostile degrading humiliating or offensive environment for that individual. Harassment applies to all protected characteristics except pregnancy and maternity and marriage and civil partnership. Employees will also now be able to complain of behaviour that they find offensive even if it is not directed at them and the complainant need not possess the relevant characteristics themselves. Third Party Harassment – already applies to sex, now extended to cover age, disability, gender reassignment, race, religion or belief and sexual orientation. The Equality Act makes the Company potentially liable for harassment of your employees by people (third parties) who are not employees of the Company, such as customers and clients. The Company will only be liable when harassment has occurred on at least 2 previous occasions, you are aware it has taken place, and have not taken reasonable steps to prevent it from happening again. 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 the victimisation if they have maliciously made or supported an untrue complaint. New Concepts G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 1 of 7 Two completely new types of discrimination were introduced as part of the Equality Act 2010. These are: Combined Discrimination – this will allow claims to be brought by employees who have been directly discriminated against because of a combination of two protected characteristics (excluding pregnancy/maternity or marriage/civil partnership). Detriment arising from disability – this replaces the concept of “disability related discrimination”. It occurs when employers treat employees in a detrimental way because of something that is a non consequence of their disability. A typical example would be dismissing employees with poor attendance when their absences were caused by disability. This would be unlawful unless dismissal could be justified as a “proportionate means of achieving a legitimate aim” or the employer could not reasonably have been expected to know of the disability. 1. Purpose The purpose of this document is to define the vision and policy of Sheffield Futures in relation to Equality and Diversity. It includes the legislative and contractual obligations to both employees and service users. 2. Valuing Diversity – Our Vision Equality and diversity are fundamental to the culture and operations of Sheffield Futures. We are working towards ensuring that equality of opportunity is embedded throughout the organisation. We are striving to ensure that equality of opportunity is something Sheffield Futures is identified with by our employees, those who access the services we deliver and those organisations with whom we work in partnership as well as the wider community. Sheffield Futures is committed to promoting equal opportunities and valuing diversity in its role as service provider, employer and community partner. At Sheffield Futures we are proud to employ a rich and diverse mix of people who reflect the communities in which and with whom we work. We aim to embed fair and open recruitment, development and promotion practices throughout the organisation so that we continue to attract and retain a diverse workforce. Equally we recognise that a diverse workforce, representative of the communities we serve is crucial to the long-term growth and success of the organisation in a highly competitive commercial environment. We also believe that best value is achieved when we meet the needs of our customers, partners, service users, employees and local communities. We recognise that people are entitled to work or access services in an environment without fear of discrimination, bullying, harassment, victimisation or prejudice, regardless of their gender, ethnic origin, nationality, disability, age, marital status, religious belief or sexual orientation. We need to ensure that all our employees and service users are treated with dignity and respect and feel valued. However Sheffield Futures recognises that equality of opportunity is not achieved by simply having written policies and procedures in place but through communication, understanding and positive action. Therefore the Equality and Diversity Policy covers: The responsibilities of every person in the organisation The elimination of discrimination including bullying and harassment G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 2 of 7 The promotion of equality of opportunity The definition of key activities in relation to service delivery Each of us has a responsibility to develop and maintain Sheffield Futures as an inclusive organisation. We all have to show commitment to embracing the diversity of the workforce, our service users and the communities in which and with whom we work. 3. Legislative and Contractual Context The Sex Discrimination Act (1975) as amended 2004 The Employment Equality (Sexual Orientation) Regulations 2003 The Race Relations Act (1976) as amended 2002 The Disability Discrimination Act (1995) & SEND Act 2000 The Employment Equality (Religion or Belief) Regulations 2003 The Employment Equality (Age) Regulations 2006 The Equality Act 2010 simplifies the current laws above and puts them altogether in one piece of legislation. There are 9 protected characteristics in which the act refers to and these are as follows: Disability Age Race Sex Pregnancy and Maternity Gender reassignment Marriage and Civil Partnership Religion or belief Sexual Orientation Sheffield City Council’s Equality Charter requires that ‘all its citizens should have equal access to the means to achieve a decent quality of life’. The Department for Children, Schools and Families requires that services offered by a Connexions Service ‘are provided in ways which ensure that they are equally accessible to all clients whatever their background, gender, race, religion, stage of development, ability or disability or sexual orientation’. 4. Scope The policy applies to: All Sheffield Futures’ employees and volunteers Prospective employees of Sheffield Futures in terms of recruitment and selection Sheffield Futures’ Board Members Service delivery providers, business partners, external consultants and other individuals with whom a contractual agreement exists to act on behalf of Sheffield Futures 5. Roles and Responsibilities Everyone within the organisation has a role in achieving Sheffield Futures’ vision in relation to equality and diversity. Therefore everyone has a responsibility to: Ensure that the policy is put into practice Make a personal commitment Set a standard for others to follow G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 3 of 7 This will be achieved by: Understanding the values and benefits of equality and diversity Promoting Sheffield Futures’ policy and procedures with regard to equality and diversity Being familiar with and complying with this policy and associated procedures, and ensuring that any staff, for whom they are responsible, do so as well Recognising behaviours that constitute discrimination, harassment and bullying Being committed to challenging unacceptable, inappropriate or stereotypical behaviours and attitudes Reporting any instances of apparent discrimination, unfair treatment or any other perceived problems in relation to employment or the provision of services It is also recognised that different groups within the organisation have a more specific role. The Board and Senior Management Team The Board and Directors have corporate responsibility for ensuring that this policy underpins all aspects of Sheffield Futures activity. This will be achieved by: Developing the culture in which this policy can operate effectively Ensuring that all corporate policies and procedures identify a dimension in relation to equality and diversity Establishing a system to record, monitor and respond to discriminatory incidents Reviewing the policy on an annual basis Directors and Senior Managers are individually and corporately responsible for implementing the policy in their particular areas of responsibility. This will be achieved by: Ensuring that operational plans feature equal opportunities as a major priority in service delivery. Identifying annual priorities for positive action strategies Acting as positive role models to others, and challenging any unacceptable and inappropriate behaviour by staff or any business/service providers, partner organisations or individual with whom Sheffield Futures has a contractual agreement Seeking out, listening and responding to the views of customers, partners, service users, employees and local communities Establishing corporate equality monitoring systems that facilitate the identification of areas where remedial action is necessary Implementing clear and specific action plans to address equality and diversity issues People with responsibility for managing others also have a duty to: Ensure that policies and procedures relating to managing diversity are implemented and communicated to all staff (paid and unpaid) Ensure that staff are provided with training, development and information, to enable them to act in line with the Sheffield Futures’ Equality and Diversity Policy Treat all staff fairly, ensuring that no individual is treated less favourably than another in line with this policy Promote a professional and positive work environment Raise awareness of the principles of dignity at work, acting as role models for others Develop the personal skills necessary to handle issues relating to bullying, harassment or discrimination Take appropriate action for the resolution of bullying, harassment or discrimination in their work area in accordance with company policies and procedures Partners and Suppliers G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 4 of 7 Sheffield Futures will ensure that all partners and suppliers are aware of our standards and expectations of their practices in relation to equality and diversity. We will seek to work with organisations that have clear values on equality of opportunity and diversity. 6. Recruitment and Employment Sheffield Futures is committed to being an equal opportunities employer. The Equality and Diversity Policy applies to: Recruitment and selection Promotion and job changes Performance management Learning and development Disciplinary and grievance procedures Any other employment matter in which the fair treatment of an employee or prospective employee could be at issue Appropriate practices will be implemented to ensure that no individual is disadvantaged by any rule, condition or requirement that cannot be justified in relation to the job, or as a legal requirement. We will promote and support a range of flexible working patterns to enable individuals to balance work and home responsibilities; and we will treat people fairly irrespective of their working arrangements. Sheffield Futures will make use of positive action provisions of the Race Relations Act and the Sex Discrimination Act where required. Reasonable adjustments to premises and working arrangements will be made under the requirements of the Disability Discrimination Act where required. The development needs of all staff in relation to equality and diversity will be reviewed as part of the regular Appraisal and Supervision process and appropriate training activities will be provided. Procedures will be implemented to deal with any incidents of discrimination, bullying, harassment, victimisation or prejudice. Any such incidents will be regarded seriously and may lead to disciplinary proceedings. Positive Action Positive Action – as with previous legislation, the Equality Act allows you to take positive action if you think that employees or job applicants who share a particular protected characteristic suffer a disadvantage connected to that characteristic, or if their participation in an activity is disproportionately low. The act makes it easier for employers to use positive action and it lets them choose a person who will make their workers more diverse. Example “a Company needs a new person for one of its top jobs. All its other top jobs are done by men. When people apply for the job, the Company finds two people are just right for the job – a man and a woman. The Company can use positive action to give the job to the woman. This is because it will make the Company’s top people more diverse. BUT the company could not give the job to the woman if the man was a better candidate. 7. Service Delivery G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 5 of 7 The core purpose of the organisation is to deliver services which help young people make a successful transition to adulthood and for all clients, especially the vulnerable, to succeed in education, training and employment. Sheffield Futures will provide all services within a framework that ensures impartiality and equality of opportunity. To achieve this we will: Undertake regular community consultations and develop partnership agreements with key stakeholders Include an equal opportunities dimension in market research and analysis Develop a variety of service delivery approaches responsive to identified needs Promote equality and diversity in our work with other organisations and challenge all forms of discrimination Regularly review and update publicity, marketing and information material to ensure that it is non-discriminatory and includes positive images where appropriate Ensure that information on specific learning, employment, volunteering and development opportunities is available in an accessible format for service users who face barriers to accessing mainstream information and opportunities Develop curricula, resources and staff training so that services are delivered that are appropriate to the needs of service users and communities for example, anti-racism, challenging bullying etc. Develop and deliver programmes which are sensitive to cultural and religious differences, for example sport, drug and sexual health education Provide support, advice, including signposting to other appropriate agencies, and advocacy for service users who experience discrimination Seek out and develop specific education, training, employment, personal development and recreational opportunities to meet the needs of individuals and groups Provide specialist support for those young people who are classed as vulnerable Network and collaborate with other agencies and organisations in response to client need in order to develop appropriate provision Provide opportunities for all young people to make a positive contribution by developing accessible projects and activities Encourage young people from disadvantaged groups to participate in the development and delivery of services Specifically in relation to Race, Sheffield Futures will have in place a strategy that: Promotes Race Equality in line with the Sheffield City Council Race Equality Scheme Provides additional guidance, support and resources to black and other young people from minority ethnic groups Makes accessible interpreting facilities for young people and their parents who require it in order that they may fully benefit from the services provided by Sheffield Futures Establishes systems to monitor, compare and evaluate black young people’s engagement, participation, progress and achievement including an annual analysis of destinations in Y11 and Y13 Specifically in relation to Gender, Sheffield Futures will: Promote positive action in relation to placing activity, particularly in non-traditional and under represented areas of work Develop gender specific resource materials to support Personal Advisers, Youth Workers, Careers Teachers and Adult Careers Advisers Provide positive encouragement to young people (and their parents) who are seeking non-traditional opportunities Will recognise the right for women to breast feed their babies in public. G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 6 of 7 Specifically in relation to Sexual Orientation, Sheffield Futures will: Provide support for lesbian, gay, bisexual and transgender young people and to employers to promote equality of access to opportunities Ensure that best practice resource materials are available to support Personal Advisers, Youth Workers, Careers Teachers and Adult Careers Advisers so that they can work effectively with lesbian, gay, bisexual and transgender young people and adults Develop curricula, resources and staff training so that staff are prepared to effectively challenge homophobic attitudes and behaviours Specifically in relation to Age, Sheffield Futures will: Ensure that information on learning and work is appropriate to young people and adults Seek funding to provide a range of services to adults including information, advice, guidance, employability and redundancy support Specifically in relation to Offenders and Ex-Offenders, Sheffield Futures will: Support young people at risk of offending to access positive diversionary activities Work with young offenders, parents, schools and the criminal justice system to facilitate their re-engagement into learning and work Specifically in relation to Young People with Learning Difficulties and/or Disabilities, Sheffield Futures will: Provide access to services in accordance with the Disability Discrimination and SEND Acts Seek to work with other services and agencies to provide a comprehensive service including establishing appropriate reciprocal arrangements for individuals attending residential educational institutions Offer additional support on the basis of appropriate ‘needs assessment’ processes Continue to support those with learning difficulties and disabilities beyond the age of 19 as appropriate and ensure that advocacy and specialist support is available to those service users who require it, for example to help secure and retain a suitable opportunity Actively promote the ‘abilities’ of those with special needs, both collectively and individually, to other agencies for example employers and learning providers Ensure that information and support is made available in ways which allow young people with disabilities, especially those with learning difficulties or sensory impairments to access it In addition to the above Sheffield Futures will seek to develop appropriate support for those young people experiencing particular disadvantage or discrimination other than or as well as described above. These may include teenage parents, those with family difficulties, long or short term illness, poverty, substance misuse and homelessness. Issue No Issue Date Responsibility Authorised Business Code 6 February 2011 Chief Executive Directorate All G/Company Policies & Procedures/Equality & Diversity/Equality & Diversity Policy/Issue No 6 February 2011 7 of 7