Equality and diversity policy

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Equality and diversity policy
Introduction
Adoption UK is committed to eliminating discrimination and encouraging diversity among our
workforce. Our aim is that our workforce will be truly representative of all sections of society
and each employee feels respected and able to give of their best. This will enable us to serve our
members and service users more effectively, recognising and celebrating their diversity and
avoiding any discrimination or exclusion.
Adoption UK seeks to carry out its work in an inclusive and non-discriminatory way. To that end,
it is important that our employment practices and our approach to members and other service
users accord with the aims of this policy. Our internal practices will influence how our
employees interact with one other and with service users. Equality and fairness for the
workforce will help to dispel inequality and discrimination in our wider dealings.
To that end, the purpose of this policy is to ensure equality and fairness for all in our
employment and not to discriminate on grounds of gender, marital status, race, ethnic origin,
colour, nationality, national origin, disability, sexual orientation, religion or age. We oppose all
forms of unlawful and unfair discrimination.
All employees, whether part-time, full-time or temporary, will be treated fairly and with respect.
Selection for employment, promotion, training or any other benefit will be on the basis of
aptitude and ability. All employees will be helped and encouraged to develop their full potential
and the talents and resources of the workforce will be fully utilised to maximise the efficiency of
the organisation.
Commitment
Equality and diversity are central to the work of Adoption UK.
Our commitment is as follows:
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To create an environment in which individual differences and the contributions of all our
staff are recognised and valued.
To tackle social exclusion, inequality, discrimination and disadvantage among our
membership and service users.
Every employee is entitled to a working environment that promotes dignity and respect to
all. No form of intimidation, bullying or harassment will be tolerated.
Training, development and career progression opportunities are available to all staff.
Equality in the workplace is a good management practice and makes sound business sense.
We will review all our employment practices and procedures to ensure fairness.
Breaches of our equality policy will be regarded as misconduct and could lead to disciplinary
proceedings
The policy will be monitored and reviewed annually.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
For this policy to be successful, it is essential that everyone is committed to, and involved in, its
delivery. This policy is fully supported by senior management and the Board of Trustees, and has
been developed and agreed with the involvement of Adoption UK’s staff. Adoption UK aims to
embed this in all its policies, procedures, day-to-day practices and external relationships.
Aims
Adoption UK aims to:
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Provide services that are accessible according to need.
Promote equality of opportunity and diversity in volunteering, employment and
development.
Create effective partnerships with all parts of our community.
Objectives
Adoption UK’s objective is to realise its standards by:
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Sustaining, regularly evaluating and continually improving its services to ensure equality and
diversity principles and best practice are embedded in our performance to meet the needs
of individuals and groups.
Working together with the community to provide accessible and relevant service provision
that responds to service users’ needs.
Ensuring trustees, employees (including self employed), volunteers, and trainers are
representative of the community served and the employment policies are fair and robust.
Responding to trustees, employees’, trainers’, and volunteers’ needs, and encouraging their
development to increase their contribution to effective service delivery.
Recognising and valuing the differences and individual contribution that all people make to
the organisation.
Challenging discrimination.
Providing fair resource allocation.
Being accountable.
Why have this policy?
Adoption UK recognises, respects and values diversity in its staff, membership and service users.
Adoption UK has this policy because it is a people-led organisation that must always ensure it
meets the needs of its staff and membership through fair and appropriate employment and
development of the people who work and volunteer for Adoption UK and for the people who
receive support and services from it.
The business case for diversity
The business case for diversity is also quite clear. By sweeping away discrimination, Adoption UK
will:
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
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maximise its the pool of potential job applicants and improve its chances of recruiting the
right person first time, every time
be seen as an excellent employer where vacancies (for trustees, employees, sessional work
or volunteers) are much sought-after, thus reducing the costs of recruitment and improving
retention
make more effective use of staff resources, improve workforce morale, reduce staff
turnover, sickness and absenteeism
gain goodwill in the community and improve its profile locally, regionally and nationally
increase sales through developing and improving links with new customers and clients from
minority communities
develop the capacity of the workforce to do business with all sections of the community
through improved communication and understanding
provide better services for the membership, other service users, and stakeholders,
responding effectively to change in our operational environment and become the adoption
support provider of choice
utilise untapped resources including language skills and connections with other countries,
cultures and races
comply with legislation.
Background
The law
This policy will be implemented within the framework of the relevant legislation, which includes:
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Equal Pay Act 1970 (Equal Value Amendment 1984)
Rehabilitation of Offenders Act 1974
Sex Discrimination Act 1975 (Gender Reassignment Regulations 1999)
Race Relations Act 1976
Disability Discrimination Act 1995
The Protection from Harassment Act 1997
Race Relations (Amendment) Act 2000
Race Relations Act 1976 (Amendment) Regulations 2003
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Religion or Belief) Regulations 2003
Disability Discrimination Act 2005
Employment Equality (Age) Regulations 2006
Action plan to deliver Adoption UK’s Equality and Diversity Policy
Equality training
Training on equality and diversity should be an integral part of all the Trustee, staff, volunteer
and trainer training that we do. Similarly, all the training that we do should be reviewed to
ensure that it is appropriate to the diverse range of families and service users that we work
with.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Adoption UK will develop and/or ensure the delivery of specific equality and diversity training to
all staff that includes the following:
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Ensuring staff are aware of our equality and diversity policy and what it means for them,
including an explanation of the approach we will be taking to equality and why it is
important for them.
The business case for equality.
The law and what this means in practice.
The roles and responsibilities of staff in making the policy work.
Adoption UK’s policy for dealing with bullying and harassment.
The provision of written materials to reinforce and support the training.
Specialist guidance for staff involvement in recruitment and selection of other staff, or who
are involved in the management of staff, etc.
An opportunity for staff to raise any concerns.
The training will be delivered by an appropriate professional (such as someone with relevant HR
and/or equality/diversity expertise), or a senior member of management who is familiar with
equality/diversity matters or has been trained in them.
In addition, Adoption UK will:
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Monitor staff access to, and take up of, training opportunities
Management and staff responsibility
Overall responsibility for the implementation of this policy and action plan lies with the Chief
Executive. The table in Appendix 2 outlines specific action points and areas of individual
responsibility, with appropriate timescales.
Key areas of equality and diversity
Recruitment, induction and staffing
Equality and diversity issues are well covered in Adoption UK’s Recruitment and Selection Policy
– see further.
However, we need to build on the good practice set out in the above policy, and also monitor
whether we are living up to its standards.
Adoption UK will:
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Survey the diversity of the existing workforce, in relation to age, race, religion, culture,
ethnicity, national origin, disability, gender, sexuality, marital status
Introduce a system for equal opportunity monitoring and reviewing of recruitment and
selection processes – for trustees, employees, volunteers and trainers.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
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Trustees – actively advertise and recruit in a wider range of diverse publications, so as to
increase the representation of BME parents, and other under-represented groups, as our
Trustees.
Employees (including self employed)– ensure all vacancies are advertised in appropriate
publications that ensure we reach into a diverse population
Trainers – actively advertise and recruit in a wider range of diverse publications, so as to
increase the representation of BME parents, and other under-represented groups, as our
Trainers.
Volunteers – actively advertise and recruit in a wider range of diverse publications, so as to
increase the representation of BME parents, and other under-represented groups, as our
Volunteers.
Equal pay
Since April 2008, Adoption UK has operated an open and transparent salary policy and structure,
based on a job evaluation scheme. For further information, see Adoption UK’s full salary
structure policy. At the time of development, it was reviewed by an HR professional and was
found to be compliant with equal pay legislation and requirements. No bonuses, or discretionary
payments, or performance-related pay, are included as part of Adoption UK’s reward system, so
it is not believed there is a need to carry out an equal pay audit. Should the salary structure
change significantly, then an equal pay audit will be carried out, and any necessary changes
made.
Harassment (including bullying)
Adoption UK is committed to preventing unacceptable behaviour at work. This is covered
separately under Adoption UK’s Harassment Policy – see further.
Adapting working practices
The Disability Discrimination Act requires employers to make “reasonable adjustments” to their
working environment to give employees or potential employees with disabilities equal
opportunities. Health and safety assessments of employees are carried out under Adoption UK’s
Health and Safety Policy and any reasonable adjustments will be made.
In some situations, the reasonable adjustments may include re-deploying employees to a
different type of work, if necessary and possible.
In considering what reasonable adjustments should be made, it may be necessary for an
occupational health assessment to be carried out, to ensure that the future working
environment will be appropriate.
Adoption UK will:
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Respond sensitively and appropriately to all requests for reasonable adjustments to the
working environment or working practices due to disability.
Respond sensitively to the religion or beliefs of their employees, and will provide, eg, prayer
rooms, time off to observe religious festivals, flexible dress policies, etc, as appropriate.
Flexible working
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Adoption UK operates flexible working practices, as appropriate. All employees are entitled to
make a request for flexible working. The procedure and decision-making process for this are set
out in Adoption UK’s Staff Handbook.
Membership and service users
To be a thriving membership organisation, it is vital that Adoption UK acknowledges and
responds to the diversity of society and thus the organisation’s membership of prospective
adopters and adoptive parents. The equality and diversity aspects of our membership and
service user work is complicated by the complex nature of adoption practice itself.
First, contemporary adoption is foremost about meeting the particular and special needs of
children traumatised by their early experiences of abuse and/or neglect. Many will be suffering
from developmental trauma and many will also have clearly diagnosed conditions, illnesses or
disabilities, which may be a key reason for their adoption and/or a direct consequence of the
harm they have experienced in their early lives.
Secondly, children from black and minority ethnic (BME) backgrounds are over-represented in
the care system and when it comes to children being placed for adoption. The children in care
statistics for England for 2008/09 show that 76% of children were white, 8% were from a mixed
race background, 5% were Asian or British Asian, 7% were Black or Black British, and 3% were
from other ethnic groups. In relation to adoption, 82% of children were white, 12% were mixed
race, 2% were Asian or Asian British, 3% were Black or Black British and 1% were from other
ethnic groups. This has changed significantly in the last five years in that in 2005, 86% of children
adopted from care were white.
Thirdly, there is a shortage of potential parents from BME backgrounds available to be matched
with children in care from similar backgrounds (and historically adoptive parents were drawn
from largely white, middle class backgrounds, although in the last decade this has begun to
change).
Fourthly, adoptive parents may sometimes be seen to come largely from a “middle class” socioeconomic background, with the implication that their tastes, moral values, level of education or
income, may not be representative of wider society. This may sometimes be in stark contrast to
the socio-economic backgrounds of children in the care system for whom adoptive placements
are being sought. It also applies to many intercountry adoptions, with the added complications
of language, cultural and nationality/ethnicity differences between the adopted child and their
new family.
This presents a number of points and challenges for Adoption UK to consider and overcome:
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The need to ensure membership of Adoption UK is seen as attractive and valuable to those
who have an interest in adoption in all parts of society, even though the population of
adoptive parents itself may not be fully representative of the diversity of society (which fact
is outside Adoption UK’s control).
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
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Irrespective of the above point, adoptive parents will be a diverse group and Adoption UK
must ensure it meet a wide range of needs, yet due to the mismatch between children and
potential parents identified above, adoptive families can, perhaps paradoxically, have a
more complex diversity than mainstream society. For instance, BME children may be placed
with white parents, or BME children from one background may be placed with BME parents
from another background.
In addition, it is increasingly common for adoptive parents to be gay/lesbian/transsexual
(either as a single person, or as a couple (civil registered or not)), be single adopters or
unmarried couples (irrespective of sexual orientation).Yet at the same time, we know from
our support work that these groups, as well as potential parents with disabilities, are
regularly discriminated against in the adoption system, where there can still be the
perception that what is best for a child is a heterosexual married couple.
Adoption UK needs to be able attract those in the adoption community who come from all
socio-economic backgrounds, irrespective of their income, tastes, beliefs, or level of
education; even though agencies who place children for adoption may unwittingly favour
parents from a narrow range of backgrounds. This will have implications for what we charge
unwaged and low income families for our services (and how accessible those services are
when transport costs are added), as well as how we present ourselves as an organisation.
Therefore, it is important that Adoption UK takes positive action to encourage not only
membership of the organisation from these diverse groups, but also to challenge the
discrimination in the system and encourage potential parents from these groups to consider
adoption.
To do this, Adoption UK will:
Communications (including membership communications)
 Advertise its membership services in media/publications that ensure it reaches BME
parents, gay/lesbian parents, single parents, disabled parents and those on low incomes
 Ensure media and promotional materials are representative of diversity within society,
including ensuring messages are accessible to all (eg, use of spoken word for people with
low literacy skills, or hearing difficulties).
 Ensure media work responds to equality and diversity issues, as appropriate, including
highlighting discrimination within adoption services.
 Analyse promotional work and responses to it, and also attendance at Adoption UK events,
to ensure that it is reaching a diverse range of audiences.
Information and advice
 Ensure all those who are involved in the provision of information and advice to the
membership/general public are aware of the organisation’s policy on supporting those who
speak English as a second language, who may be visually impaired, or who have partial or
total hearing loss, etc, or disabilities that may affect their ability to communicate. See
summary document in Appendix 3.
 Ensure provision of information and advice to the membership/general public in Wales is
produced in accordance with our Welsh Language Scheme.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
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Review all our existing information (eg, leaflets, publications, magazines, factsheets, training
materials – both written and illustrative) to ensure that it is appropriate to a diverse range
of audiences.
Research and develop an information programme that looks to address and produce
materials for a diverse range of families, utilising a range of media, including audio/visual
media for those with low literacy skills, or sensory/communication difficulties.
Ensure Adoption Today and Online Community are appropriately and representatively
covering equality and diversity issues in their output.
On a quarterly basis, produce a summary of the children profiled in Children Who Wait, that
includes analysis of the diversity of children being featured.
Membership
 Regularly analyse the existing make-up of our membership, as a means of measuring
whether we represent the diversity of adoption/society.
 Use existing marketing budgets to raise our profile and recruit/retain members from a
diverse range of families.
Support
 Develop regular support groups (and events) that meet the needs of a diverse range of
families, eg, BME group, gay/lesbian group, single adopters group, fathers’ group, overseas
adopters group/transracial adopters group.
 Develop versions of, or new, training materials that address equality and diversity issues.
 Ensure Online Community Message Boards and Contact Networks are appropriately
representative of equality and diversity issues.
 Review support activities and events (eg, groups, family days, regional training) to ensure
that are reasonably accessible to families from as wide a geographical area as possible, that
they cater for any relevant disability, and that they are affordable to those on low incomes.
Monitoring and review
This policy and action plan will be reviewed at least annually.
In relation to the specific monitoring requirements highlighted in this policy, specific monitoring
forms or surveys will be developed for the following:
Trustees, staff, volunteers, trainers:
 Ethnicity
 Disability
 Gender identity
 Sexual orientation
 Age
 Religion and belief
Members/service users (in relation to accessibility/suitability of services):
 Ethnicity
 Disability
 Gender identity
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
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Sexual orientation
Age
Religion and belief
See Appendix 1 for an example of the relevant forms and monitoring framework.
A widely used rule of thumb to assess difference is known as the ‘four-fifths rule’. The four-fifths
rule suggests that if any group is less than four-fifths of the rate of the group with the highest
success rate, it may be indicate bias. The four-fifths rule can be used at each stage of a selection
process to identify any particular difference. It is not intended to be an absolute measure, but is
a simple and easy way to measure whether the differences in rates are worth investigating
further. In smaller samples, it may be necessary to apply different judgements.
Equality Impact Assessment
By the first anniversary of this policy and action plan, Adoption UK will carry out an equality
impact assessment in relation to this policy and its key membership services. This will examine
what effects our policy and services have on the people who experience them. The assessments
will based on the evidence gathered from monitoring data, discussion and feedback from staff
and members.
The assessments will be based on four key questions:
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What is the purpose of the policy or membership service?
How is it seeking to achieve this?
Who benefits and how
What are any associated aims attached to the policy or membership service?
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Appendix 1
Equality Monitoring Framework
Adoption UK Monitoring framework
How would you describe yourself
Choose ONE section from A to E, and then tick the appropriate box
A
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B
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C
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Asian or Asian British
Bangladeshi
Indian
Pakistani
Any other Asian background, please write in box
Black or Black British
African
Caribbean
Any other Black background, please write in box
Chinese or other ethnic group
Chinese
Any other, please write in box
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
D
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E
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Mixed heritage
White and Asian
White and Black African
White and Black Caribbean
Any other mixed heritage background, please write in box
White
British
English
Irish
Scottish
Welsh
Any other White background, please write in box
F
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Prefer not to say
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Disability monitoring
To make positive changes, Adoption UK wants to address the different
barriers faced by disabled people. Many people who do not consider
themselves to be disabled may be covered by the Disability Discrimination
Acts 1995 and 2005 (DDA) because they have a health condition that has an
impact on their lives.
What do we mean when we say disability?
• Do you have a physical or mental impairment or long-term health
condition?
• Is this expected to last, or has it lasted, for a year or longer?
• Does this make it difficult for you to do the things that most people do on
a fairly regular and frequent basis?
If so, you may have rights under the Disability Discrimination Act. This
includes people who are receiving treatment or using equipment (except
glasses or contact lenses) that alleviates the effects of an impairment or a
condition, people with an impairment or condition that is likely to recur,
people who have conditions that will get worse over time and people with
severe disfigurements.
Employees with a disability or health condition are entitled in law to
‘reasonable adjustments’ to address their needs for support in the workplace.
Therefore we are interested in any disability or health condition that may
require a reasonable adjustment to overcome any such barriers.
Monitoring questions:
Do you consider yourself to have a disability or a long-term
health
condition?
Yes/No
What is the effect or impact of your disability or health
condition?
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Prefer not to say
If you would like to discuss your response, or are unsure of the types of
reasonable adjustment that might be possible, please contact [your
manager] who is trained to help and support you.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Adoption UK is committed to creating an environment where barriers are
removed for disabled people and they can give of their best to succeed in our
organisation.
Adoption UK gives a commitment that this information will remain
confidential within our employment information systems.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Gender monitoring
Concentrations of either men or women into certain jobs, or the impact of
family commitments, are some reasons why men and women experience the
workplace differently. Gender monitoring is key to ensuring that all
employees have access to the same opportunities and Adoption UK is
committed to work at achieving this.
Monitoring question:
Would you describe yourself as:
□ Male? □ Female? □
Prefer not to say
Gender identity
Adoption UK is committed to ensuring that people whose gender presentation
may have changed (or is changing) are protected in our workplace.
The 2004 Gender Recognition Act gives a person who has made the
transition from one gender to the other, and has applied for legal recognition,
enhanced privacy rights. To enable us to ensure that our policies and
practices do not work against transgender colleagues, we ask you to
complete the following:
Monitoring questions:
Is your gender identity the same as the gender you were
assigned
at birth?
Yes/No
Do you live and work all the time in the gender role opposite to
that assigned at birth?
Yes/No
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Prefer not to say
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Sexual orientation
Monitoring sexual orientation in our staff and in our recruits is a significant
step towards acknowledging gay, lesbian and bisexual staff within Adoption
UK. Adoption UK seeks to become an exemplar employer and make sure
our processes and practices are fair to all staff.
Please help us and do this by completing the following questions around
your sexual orientation.
Monitoring question:
What is your sexual orientation?
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Bisexual
Gay man
Gay Woman / Lesbian
Heterosexual / Straight
Other
Prefer not to say
Adoption UK will only use this information for ensuring its staff policies work
fairly for all and that your sexual orientation does not count against you. We
will ensure in any analysis that is made public that it will not be possible to
identify you.
Age monitoring
We all have an age. Age discrimination regulations in the workplace are
designed to ensure that you are judged only by your abilities and not your
age. Greater experience does not always associate itself with greater ability
and neither does older age and inability to learn new skills. By monitoring
age we seek to uncover these and other assumptions in the way we work in
Adoption UK.
We intend to set up a database to review and adjust annually for age. To
help us confirm your age please state your date of birth.
Monitoring question:
What is your Date of Birth? _ _ /_ _ /_ _ _ _ (dd/mm/year)
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Religion and belief
Whether or not you have a religion and what you do or don’t believe in is
likely to make difference to you and how you perceive the world. These
perceptions are carried across into our workplaces.
It is said by some that what you do or don’t believe is a private matter that
should have no effect on your job. It is indeed a private matter but it would
be disingenuous to say that it had no effect on your employment. For
example, Adoption UK running training events or promotion panels during
periods of religious fasting for some colleagues may well place them at a
disadvantage in these instances.
Adoption UK is committed to ensuring fairness and equal access to all
employees whatever their faith or beliefs.
Below is a list of religions that are the most commonly found in Britain. They
are listed in alphabetical order and not intended to signify rank in terms of
importance, furthermore we acknowledge that the list is not exhaustive and
if your religion is not specifically listed then we ask you not to take offence as
none was intended.
Monitoring question:
Please tick the box that best describes you:
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Buddhist
Christian
Hindu
Jew
Muslim
Sikh
Other Religion or Belief (please
state)____________________________
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No Religion
Prefer not to say
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Appendix 2
Action plan – timescales and responsibilities
Action plan to follow in 2012
Appendix 3
Providing information, advice and support in different
formats/languages
Adoption UK is committed to being able to provide services to all of its members,
regardless of their language, nationality, nationality or any disabilities they may have
or special help they require. The following services are available:
Hearing Disabled Members
RNID has a leaflet about its Type talk service. Adoption UK does not have to register
in advance for this service, but can access it on behalf of members who are deaf or
hard of hearing. The caller will use Type talk and a hearing intermediary will speak
directly to us. A copy of the leaflet is kept in the helpline room, should a Type talk
operator contact us.
Visually Impaired Members
RNIB transcription services.
We could email, fax or send copy to businesslink@rnib.org.uk or fax 01733 375379
or by post Disability Access Services, RNIB, PO Box 173, Peterborough PE2 6WS
RNIB would then give us a quote for transcribing into Braille, audio or large format.
If the document is one letter, there is a standard charge of £6.50 set up fee and then
£7.00 per page for all formats. For a whole magazine to be transcribed, copy could
be sent in advance for it to be pre-booked – otherwise it could take eight weeks
Contact: Ann Marie Powell on 01733 375370
Audio
RNIB does not know of any software to put copy onto audio as they just read it
themselves. Adoption UK would also consider requests to do this for members, and
may in the future considering publishing some of its information as downloadable
podcasts.
Language Issues
Speakers of Other Languages who call the helpline
As part of the THA, Adoption UK has access to Language line and is registered to use
this service. There are over 200 languages available and translators are available 24
hours per day. When a call comes in, we use their translators and they charge us
£2.40 per minute.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Translation
THA also translates documents at £90.00 for a standard text less than 1,000 words
Procedure: Helpline advisers call 0845 310 9900 and quote Adoption UK’s ID code of
L46274
Welsh-speakers – see Adoption UK’s Welsh Language Scheme.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Appendix 4
Glossary
(taken from Delivery Equality and Diversity (ACAS booklet, March 2009).
Disability: A disabled person is described in the Disability Discrimination Act of 1995
as one who has a physical or mental impairment which has a substantial and longterm adverse effect on his or her ability to carry out normal day-to-day activities.
Diversity: Diversity is about recognising, valuing and taking account of people's
different backgrounds, knowledge, skills, and experiences, and encouraging and
using those differences to create a productive and effective workforce.
Ethnicity: A strict definition of an ethnic group is a group regarded as a distinct
community by virtue of certain essential characteristics – a shared history which
distinguishes it from other groups and a cultural tradition of its own. Sikhs and
Gypsies are examples. However, it has come to have a broader meaning and the
expression ‘ethnic monitoring’ is used in reference to groups defined by colour, race
or national origin as well.
Gender: The word 'gender' is often used in place of the word 'sex' in equality issues.
'Gender' does not appear in legislation (except for 'gender re-assignment' - see
below) but 'sex discrimination' and 'gender discrimination' are generally
interchangeable.
Gender Reassignment: Gender re-assignment is a process undertaken under
medical supervision for the purpose of reassigning a person's sex by changing
physiological or other characteristics of sex. The Sex Discrimination Act was
extended in 1999 to make it unlawful to discriminate in employment on the grounds
of an employee intending to, undergoing or having undergone, gender reassignment.
Genuine Occupational Requirements: The Sex Discrimination Act and the Race
Relations Act and the Religion or Belief Regulations and the Sexual Orientation
Regulations allow for circumstances where a person's sex, racial group, religion or
sexual orientation is a genuine requirement for a particular job.
Harassment: Behaviour which is unwelcome or unacceptable and which results in
the creation of a stressful or intimidating environment for the victim amounts to
harassment. It can consist of verbal abuse, racist jokes, insensitive comments,
leering, physical contact, unwanted sexual advances, ridicule or isolation.
Liability: Employers have legal liability for any act of discrimination (including
harassment) carried out by their employees unless the employer can show that they
have taken all reasonably practicable steps to prevent it.
Quotas: It is unlawful to select a person for a job on the basis of their gender or
race in order to achieve a fixed quota of employees of that gender or race.
Sexual orientation: Whether a person is attracted to people of their own sex, the
opposite sex or both sexes. Assumptions and perceptions of a person's sexual
orientation are also covered by law.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
Targets: These can be percentages of underrepresented groups that employers aim
to achieve in the make-up of their workforce as part of their equality action plan. It
is unlawful to use a target as a reason for selecting someone, but it is not unlawful to
take steps to get more qualified applicants from particular groups (see 'Positive
Action' in Employment Practices
section).
Transsexual: A person with gender dysphoria who feels a consistent and
overwhelming desire to live their life in the gender that is opposite to that assigned
to them at birth.
Victimisation: If a person has made or is making an accusation of discrimination in
good faith, it is unlawful to discriminate against them for having done so, or because
they intend to do so or it is suspected that they intend to do so.
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Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)
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