September 2011 Equality and Diversity Policy Useful definitions

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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
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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
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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
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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:
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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
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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
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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
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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
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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.
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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
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